Monday, 15 February 2016

What is the natural right and private property.

The conception of Natural rights and the theory of property was one of the important themes in
Locke’s political philosophy. According to Locke, men in the state of nature possessed natural
rights. These rights are: Right to life liberty and property. Liberty means an exemption from all
rules save the law of nature which is a means to the realisation of man’s freedom.

Locke spoke of individuals in the state of nature having perfect freedom to dispose of their
possessions, and persons, as they thought fit. He emphatically clarified that since property was a
natural right derived from natural law, it was therefore prior to the government. He emphasised that
individuals had rights to do as they pleased within the bounds of the laws of nature. Rights were
limited to the extent that they did not harm themselves or others.

According to Locke, human beings are rational creatures, and “Reason tells us that Men,
being once born have a right to their preservation, and such other things as nature affords for their
subsistence”. Rational people must concede that every human being has a right to life, and
therefore to those things necessary to preserve life. This right to life, and those things necessary to
preserve it, Locke calls it property. The right to life, he argues, means that every man has property
in his own person. This nobody has any right to but himself “ Logically, the right to property in
person means that all human beings have a right to property in those goods and possessions acquired through labour that are necessary to preserve their person.

Locke argues that the “Labour of his body, and the work of his Hands are properly his.
What so ever then he removes out of the state that nature hath provided, and left it in, he hath
mixed his labour with, and joined to it something that is his won and thereby makes it his
property”. Since human beings have property in their persons and hence a right to life, it follows
that they have property in those possessions that they have legitimately laboured to obtain. In
other words, property in both person and possessions, is a right that belongs to every human being
as human being. It is a right all people possess whether they be in a state of nature or in political
society. Locke thus says that the great and chief end of men’s uniting into commonwealth’s, and
cutting themselves under government is the preservation of their property”. Consequently,
Government has no other end but the preservation of people ‘Lives, liberties, and Estates” Liberty
is a property right for Locke because to have property in one’s person implies the right to think, speak and act freely. Locke has argued that in the state of nature property is held in common until
people mix their labour with it at which point it becomes their private property. A person has right to
appropriate as much common property as desired so long as “there is enough and as good left in
common for others”

It was the social character of property that enabled Locke to defend a minimal state with
limited government and individual rights, and reject out right the hereditary principle of government.
Locke also wanted to emphasise that no government could deprive an individual of his material
possessions without the latter’s consent. It was the duty of the political power to protect
entitlements that individuals enjoyed by virtue of the fact that these had been given by God. In
short, Locke’s claim that the legitimate function of the government is the preservation of property
means not just that government must protect people’s lives and possessions, but that it must
ensure the right of unlimited accumulation of private property. Some scholars have argued that
Locke’s second treatise provides not only a theory of limited government but a justification for an
emerging capitalist system as well. Macpherson argued that Locke’s views on property made him a
bourgeois apologist, a defender of the privileges of the possessing classes. As Prof. William
Ebenstien has rightly pointed out, Lockean theory of property was later used in defence of
capitalism, but in the hands of pre-Marxian socialists it became a powerful weapon of attacking
capitalism.

Civil Society
According to Locke what drives men into society is that God put them “under strong
Obligations of necessity, convenience, and inclination”. And men being by nature all free, equal and
independent , no one can be put out of this estate ( State of nature) and subjected to political
power of another without his own consent. Therefore, the problem is to form civil society by
common consent of all men and transfers their right of punishing the violators of natural law to an
independent and impartial authority. For all practical purposes, after the formation of civil society this
common consent becomes the consent of the majority; all parties must submit to the determination
of the majority which carries the force of the community. So all men unanimously agree to
incorporate themselves in one body and conduct their affairs by the opinion of the majority after they
have set up a political or civil society, the next step is to appoint a government to declare and
execute the natural law. This Locke calls the supreme authority established by the commonwealth or
civil society.
The compulsion to constitute a civil society was to protect and preserve freedom and to
enlarge it. The state of nature was one of liberty and equality, but it was also one where peace
was not secure, being constant by upset by the “corruption and viciousness of degenerate men”. It
lacked three important wants: the want of an established settled, known law, the want of a known
and indifferent judge; and the want of an executive power to enforce just decisions.
So friend this is all about my article.

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