Two Treatises of Government - John Locke and Natural Rights
Summary
TLDRThis video explores the philosophical underpinnings of natural rights, particularly focusing on John Locke's influence on the U.S. Constitution's First Amendment. It delves into Locke's 'Two Treatises of Government,' which introduced the concept of natural rights to life, health, liberty, and property, and his state of nature theory. The video also addresses criticisms of Locke's property theory and its implications, including its exclusion of Native Americans and his involvement in the slave trade. It concludes by suggesting a utilitarian approach to rights may be more persuasive than Locke's theological justifications.
Takeaways
- 📜 The concept of rights, particularly in the context of the US Constitution, has roots in religious reasoning, exemplified by John Locke's influence on the First Amendment.
- 🏛️ Locke's 'Two Treatises of Government' were initially perceived as a justification for William III's overthrow of James II, but some argue they were written earlier.
- 🛡️ The fear of Catholic tyranny in England was widespread, and Locke advocated for religious toleration, which was a precursor to the idea of unalienable rights.
- 🤔 Locke's social contract theory, presented in his second treatise, rebuts Thomas Hobbes' royalist absolutism and lays the groundwork for the natural rights of man.
- 🌿 Locke defines the state of nature as a hypothetical state of perfect freedom and equality among humans, governed by the law of nature, which is reason.
- 🚫 The law of nature, according to Locke, obliges everyone not to harm another's life, health, liberty, or possessions, as all are equal and independent.
- 🛑 Civil society and government are created as arbiters to enforce the law of nature and protect natural rights, which are seen as god-given and absolute.
- 🏛️ If the state becomes tyrannical, Locke argues that the people are justified in overthrowing it, as it has violated its purpose to protect natural rights.
- 🏡 Locke's theory of property is that by mixing one's labor with natural resources, one can claim ownership, provided there is enough left for others and the resources are not wasted.
- 🔄 Critics, such as Jeremy Bentham, argue that natural rights are not persuasive without a belief in God, suggesting utilitarian principles may provide a more convincing argument for rights.
Q & A
What is the significance of the First Amendment of the US Constitution in relation to the establishment of religion?
-The First Amendment of the US Constitution is significant as it expressly forbids the making of any law respecting the establishment of religion, ensuring religious freedom and preventing the government from favoring or endorsing any particular religion.
How did John Locke's religious reasoning influence the concept of unalienable rights?
-John Locke's religious reasoning played a foundational role in the concept of unalienable rights by arguing for the existence of natural rights based on the idea that all humans are created equal and are the property of God, thus having inherent rights to life, health, liberty, and property.
What is the main argument of John Locke's 'Two Treatises of Government'?
-The main argument of John Locke's 'Two Treatises of Government' is a rebuttal to the idea of absolute monarchy and a justification for the social contract theory. He argues that people have natural rights to life, liberty, and property, and that governments are established to protect these rights.
What is the state of nature according to John Locke?
-In John Locke's philosophy, the state of nature is a hypothetical state where humans lived in perfect freedom and equality, governed by the law of nature, which dictates that no one should harm another in their life, health, liberty, or possessions.
How does Locke justify the right to punish transgressors of the law of nature?
-Locke justifies the right to punish transgressors of the law of nature by stating that since all humans are equal and independent, no one has the right to harm another's life, health, liberty, or possessions, and thus, anyone has the right to punish those who violate these natural laws.
What are the conditions under which Locke argues that people are justified in overthrowing a government?
-Locke argues that people are justified in overthrowing a government when it becomes tyrannical, particularly when the government attempts to take away or destroy the property of the people or reduce them to slavery under arbitrary power.
How does Locke's theory of property relate to his concept of natural rights?
-Locke's theory of property is an extension of his concept of natural rights. He posits that by mixing one's labor with natural resources, one can acquire property rights over them, provided that there is enough and as good left for others and that the property does not spoil or go to waste.
What are the two provisos Locke places on the acquisition of property?
-Locke places two provisos on the acquisition of property: first, that there must be enough and as good left in common for others, and second, that one should not take more than they can use before it spoils, ensuring that no one's labor can subdue or appropriate all, nor consume more than a small part.
How did John Locke's involvement with the Royal African Company reflect on his views on slavery and property rights?
-John Locke's involvement with the Royal African Company, which traded in slavery, and his writings suggest a contradiction between his philosophical stance on natural rights and his practical actions. Critics argue that his theory of property conveniently excluded groups like Native Americans, who did not fit his labor theory of property acquisition.
What are some criticisms of Locke's theory of natural rights?
-Critics of Locke's theory of natural rights argue that it is not persuasive without a belief in God, as Jeremy Waldron suggests. Additionally, Locke's investment in the slave trade and his exclusion of Native Americans from property rights based on his labor theory have been criticized as hypocritical and inconsistent with his philosophical principles.
How do utilitarian principles contrast with Locke's theological justification for natural rights?
-Utilitarian principles argue for rights based on the greatest good for the greatest number, focusing on the utility of rights in providing the most beneficial outcomes for society. This contrasts with Locke's theological justification, which is based on the belief in God and the inherent rights given by a divine creator.
Outlines
📜 The Justification of Natural Rights and Influence of John Locke
This paragraph delves into the philosophical underpinnings of natural rights, particularly focusing on the influence of John Locke's religious reasoning on the formation of the U.S. Constitution and the concept of unalienable rights. It discusses how the First Amendment's prohibition against the establishment of religion was initially justified on religious grounds, drawing from Locke's 'Two Treatises of Government' written in the aftermath of the English Glorious Revolution. Locke's work was a response to the fear of Catholic tyranny and a rebuttal to Thomas Hobbes' absolutist views. The paragraph outlines Locke's definition of the state of nature, where individuals have perfect freedom and equality, governed by the law of nature, which protects life, health, liberty, and property. It also addresses the creation of civil society and government as a means to arbitrate disputes and protect these natural rights, with the people having the right to overthrow a tyrannical state. The argument is grounded in Locke's religious justification for these rights, which are seen as God-given, and it contrasts with other political theories that may challenge or provide alternative justifications for rights.
🏛️ Locke's Theory of Property and Its Criticisms
The second paragraph explores John Locke's theological reasoning behind his theory of property, which posits that individuals have a natural right to property derived from their labor and the earth's resources granted by God. It explains how Locke's theory justifies the transformation of common resources into private property through labor, with the condition that there must be enough left for others and that the property should not spoil. The paragraph also highlights the historical context and influence of Locke's ideas, including their use by Thomas Jefferson and Samuel Adams in the American Rebellion. However, it also discusses the criticisms of Locke's theory, such as his involvement in the Royal African Company, which traded in slavery, and the exclusion of Native Americans from property rights based on their lack of cultivation. The paragraph concludes with a modern perspective on rights, suggesting that utilitarian principles might provide a more persuasive argument for rights than the natural rights theory, which has been criticized as 'nonsense upon stilts' by Jeremy Bentham.
Mindmap
Keywords
💡Natural Rights
💡John Locke
💡First Amendment
💡State of Nature
💡Social Contract
💡Religious Toleration
💡Thomas Hobbes
💡Property Rights
💡Spoilage Proviso
💡Utilitarian Principles
💡Jeremy Bentham
Highlights
The First Amendment of the US Constitution prohibits the establishment of religion, reflecting the influence of John Locke's religious reasoning.
Locke's 'Two Treatises of Government' were initially thought to justify William III's overthrow of James II, but some argue they were written beforehand.
Locke's work is a rebuttal to Thomas Hobbes' royalist absolutism, which justified absolute power for the king.
Locke defines the state of nature as a hypothetical state of perfect freedom and equality among humans before society was established.
The law of nature in Locke's philosophy obliges everyone and is taught by reason, emphasizing that no one should harm another's life, health, liberty, or possessions.
Locke argues that humans have a natural right to life, health, liberty, and property, which is justified through religious reasoning.
Civil society and government are created as arbiters to protect natural rights, according to Locke, and can be overthrown if they become tyrannical.
Locke's theory of property is based on the idea that labor creates property rights, provided there is enough left for others and the property does not spoil.
Thomas Jefferson regarded John Locke as one of the greatest men that ever lived, and Locke's writings influenced the American Rebellion.
Locke's investment in the Royal African Company, which traded in slavery, and his justification of slavery have been criticized.
Barbara Arneil points out that Locke's theory of property excluded Native Americans from land rights, as they did not cultivate it.
Philosophers have attempted to secularize Locke's theological argument, but Jeremy Waldron argues that it lacks persuasiveness without a belief in God.
A utilitarian argument for rights is presented as an alternative to the natural rights argument, suggesting that rights provide the most utile outcome for society.
Jeremy Bentham famously critiqued natural rights as 'nonsense upon stilts', implying that they lack a solid foundation.
The video encourages viewers to support the creation of more content by following on social media, subscribing, and pledging donations.
Transcripts
how do you justify the idea of Rights
how do you set about convincing people
that humans and mass of cells Flesh and
Bones have natural absolute rights the
First Amendment of the US Constitution
for example expressly forbids the making
of any law respecting the establishment
of religion but the Constitution itself
and its unalienable rights were
influenced by and grounded upon the
religious reasoning of John lock so the
right not to be forced to practice a
certain religion was initially Justified
religiously writing almost 100 years
earlier in 1689 just after the English
Glorious Revolution Lock's two treatises
of government was initially thought to
be an attempt to justify William III's
overthrowing of the Catholic James II
but some claim it was written before
this the fear of Catholic tyranny in
England was WID spread and lo had also
argued for religious toleration in a
letter concerning Toleration the second
tretis the more important of the two
treatises is also a rebuttal to Thomas
hobbs' royalist absolutism a
justification of the king having
absolute power and was the first attempt
to lay down the insol valuable Natural
Rights of Man the first Treatise is a
reputation of Robert filmer monarchical
and patriarchal 1680 book patriarcha
while the more famous second tretis
draws out Lock's social contract Lo
starts by defining his state of nature
the hypothetical State humans lived in
before establishing Society in Lock's
state of nature men are in a state of
perfect freedom to order their actions
and dispose of their possessions and
persons as they think fit it is a state
also of equality wherein all the power
and jurisdiction is reciprocal no one
having more than another there being
nothing more evident than that creatures
of the same species and rank
promiscuously Born To All the Same
advantages of Nature and the use of the
same faculties should also be equal one
amongst each other without subordination
or subjection but this state of nature
has a law of nature to govern it which
obliges everyone and reason which is
that law teaches all mankind who will
but consult it that being all equal and
independent no one ought to harm another
in his life Health Liberty or
possessions for men being all the
workmanship of one omnipotent and
infinitely wise maker all the Servants
of One Sovereign Master sent into the
World by his order and about his
business they are his property whose
workmanship they are made to last during
his not one another's pleasure this is
where Lo begins his religious
justification of our four natural rights
the Right to Life Health Liberty and
property Lo's argument here is also
established in an essay concerning human
understanding when he says that humans
as opposed to animals have light enough
to lead them to the knowledge of their
maker and the sight of their own duties
Lo says that anyone has a right to
punish transgressors of this law of
nature but the problem for lock is that
men are biased to their friends and that
their passion for Revenge will carry
them too far when punishing others for
this reason civil society and government
are created as Arbiter whereas Thomas
Hobs writing before lock granted The
Sovereign absolute power over the people
lock stated that as it is set up to
protect the natural god-given law of
nature the Right to Life Health Liberty
and property it is subservient to that
law so that if the state becomes
tyrannical the people are justified in
overthrowing it he said that whenever
the legislators Endeavor to take away
and destroy the property of the people
or to reduce them to slavery under
arbitrary power they put themselves into
a state of war with the people who are
thereupon absolved from any father
obedience and are left to the common
Refuge which God hath provided for all
men against force and violence for any
political theorist though the question
becomes why a cohesive and coherent
theory has to be backed up with
sufficient evidence and argument it's
all well and good saying that we have
the right to life liberty health and
property but without persuasive
reasoning the arguments are open to
attack from say an author itarian or
fascist or a Carl Marx could come along
and cter with a theory of property that
some find more persuasive not least
because of its depth but for lock the
reasoning is purely theological and the
Second Treatise while influential even
for his day lacks depth his theory for
justifying property follows the same
rationale Lo says that as King David
said God has given the Earth to the
children of men but that this doesn't
answer the difficult question of how
someone can come to own anything Lo
starts off by saying that God has given
men both the Earth and reason and that
men have property over their own person
nobody has a right over the body of
anyone else so that if man mixes the
labor of his body with something of the
earth he makes it his property if this
wasn't the case man would starve thus
the grass my horse has bit the turfs my
servant has cut and the or or I have
digged in any place where I have the
right to them in common with others
become my property without the
assination or consent of anybody the
labor that was mine removing them out of
that common state they were in has fixed
my property in them this theory of
property comes with two provisos first
that there is enough and as good left in
common for others and second that as
much as anyone can make use of to any
advantage of life before for it spoils
so much he may buy his labor fix a
property in whatever is beyond this is
more than his share and belongs to
others this is the spoilage Proviso BL
says that no man's labor could subdue or
appropriate all nor could his enjoyment
consume more than a small part so that
it was impossible for any man this way
to entrench upon the rights of another
or acquire to himself a property to the
Prejudice of his neighbor would still
have room for as good and as large a
possession Thomas Jefferson wrote that
John Lock was one of the greatest men
that ever lived and Lock's writing was
quoted by Samuel Adams in an attempt to
gain support for the American Rebellion
against British rule lock had a hand in
writing the Constitutions of Carolina
but his writings were also considerably
criticized Lo was a major investor in
the Royal African company which traded
in slavery and not only did lock justify
slavery but Barbara arneil has pointed
out that Lock's theory of property
conveniently excluded Native Americans
from the rights to their land as they
only caught animals on it and did not
cultivate it or mix their labor with it
philosophers have since attempted to
secularize Lock's theological argument
but Jeremy walren concludes that it is
not persuasive without a belief in God I
think it's far more convincing arguing
for right on utilitarian principles that
we have the right to life liberty and
property because under our current
societal configuration it's what
provides the most utile outcome for
society rather than by arguing that we
have rights because they are naturally
endowed upon us as Jeremy Bentham
famously put it natural rights may be
just nonsense upon
stilts if you like these videos and
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