Two Treatises of Government - John Locke and Natural Rights

Summary

This 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.