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.

Outlines

00:00

📜 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.

05:01

🏛️ 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.

Keywords

💡Natural Rights

Natural rights refer to the inherent rights that individuals possess simply by virtue of being human. In the video, natural rights are discussed as a foundational concept in political philosophy, particularly in relation to John Locke's philosophy. Locke argued that all individuals have the right to life, liberty, and property, which are seen as 'natural' because they are not granted by any government or authority but are instead inherent to human beings. The video connects this concept to the First Amendment of the U.S. Constitution, which reflects the principle of religious freedom as a natural right.

💡John Locke

John Locke was an influential 17th-century philosopher whose ideas on natural rights and the social contract had a profound impact on modern democratic thought. The video highlights Locke's work, particularly his 'Two Treatises of Government,' where he argues for the natural rights of life, liberty, and property. Locke's philosophy is used to justify the principles enshrined in the U.S. Constitution and the idea that government's role is to protect these rights, not infringe upon them.

💡First Amendment

The First Amendment to the U.S. Constitution is a part of the Bill of Rights that protects the freedom of religion, speech, and the press, among other things. The video discusses how the First Amendment embodies the principle of religious freedom, which is rooted in natural rights philosophy. It forbids the government from making any law that establishes a religion or interferes with the free exercise of religion, reflecting the influence of Locke's ideas on the U.S. founding principles.

💡State of Nature

In the context of the video, the 'state of nature' is a theoretical condition that existed before the formation of societies and governments. Locke describes this state as one of perfect freedom and equality, where individuals have the right to act as they see fit without being subject to the authority of others. The video explains that this concept is central to Locke's argument for the establishment of government, which is necessary to protect the natural rights of individuals in a more structured society.

💡Social Contract

The social contract is a political philosophy concept that suggests individuals agree to surrender some of their freedoms and submit to the authority of a governing body in exchange for protection and the maintenance of order. The video references Locke's social contract theory, where he argues that people create governments to serve as arbiters to protect their natural rights, and that the government's legitimacy is based on its adherence to this purpose.

💡Religious Toleration

Religious toleration is the idea that people of different religious beliefs should be allowed to practice their faith without interference from the state or others. The video connects this concept to Locke's writings, particularly 'A Letter Concerning Toleration,' where he argues for the freedom of religious practice. This idea is seen as a precursor to the religious freedom protected by the First Amendment.

💡Thomas Hobbes

Thomas Hobbes was a philosopher who proposed a different view of government and society than Locke. Hobbes believed in absolute power of the sovereign over the people, which is contrasted in the video with Locke's view of government as a protector of natural rights. The video mentions Hobbes' 'Leviathan' and how Locke's 'Two Treatises of Government' can be seen as a rebuttal to Hobbes' ideas.

💡Property Rights

Property rights are the rights of individuals to own and control their possessions. In the video, Locke's theory of property rights is discussed, where he argues that by mixing one's labor with natural resources, one can claim ownership of those resources. This concept is integral to Locke's broader argument about natural rights and is used to justify the establishment of private property within a societal framework.

💡Spoilage Proviso

The spoilage proviso, as mentioned in the video, is a condition that Locke places on property rights. It states that when an individual claims property, they must leave 'enough and as good' for others and not take more than they can use without spoiling it. This proviso is intended to prevent one person from hoarding resources to the detriment of others, ensuring that property rights do not infringe upon the natural rights of others.

💡Utilitarian Principles

Utilitarianism is an ethical theory that the best action is the one that maximizes overall happiness or utility. In the video, utilitarian principles are contrasted with the concept of natural rights. While Locke's philosophy is grounded in the idea of natural rights, the video suggests that a utilitarian argument could also be made for rights such as life, liberty, and property, based on their contribution to the greatest good for the greatest number of people.

💡Jeremy Bentham

Jeremy Bentham was a philosopher who critiqued the concept of natural rights. The video quotes Bentham's famous critique, suggesting that 'natural rights' might be 'nonsense upon stilts,' implying that rights are not inherent but are instead created and recognized by societies. This perspective challenges the theological and philosophical underpinnings of natural rights as presented by Locke.

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

would like to support me making more you

can follow me on Twitter Instagram and

Facebook by clicking the links in the

description below you can like this

video And subscribe to the then and now

channel to see more and if you're

feeling really generous you can pledge

as little as a dollar towards the

creation of each new video you can click

here to find out more thank you