blog




  • Essay / The Difference Between Rights and Laws - 1349

    John LockeWith John Locke we begin to see the idea that human rights are unlimited unless they are freely given up. Locke states: “Man is born, as has been proved, with a title to perfect liberty and uncontrolled enjoyment of all the rights and privileges of the laws of nature…” (Locke - Second Treaties of Government - 46) . According to Locke, human rights are limited only by the laws of nature. This statement leads us to realize that, according to Locke's beliefs, man has the right to do anything. We see that Locke believes that personal protection is also a right when he states: "...has by nature power, not only to preserve his property, that is, his life, liberty, and property, against the injuries and attempts of others. …” (Locke – 46). With this understanding, a person has unlimited rights, even regarding the preservation of his person or family. This raises the question: ; How can we enact a law if it goes against the natural rights of man? Locke's answer can be found when he states: "But because no political society can exist, nor subsist, without having in itself the power to preserve property, and therefore to punish the offenses of all those of this company; there, and there is only a political society, where each of the members has left this natural power, placed it in the hands of the community in all cases which do not prevent it from invoking the protection of the established law by her. (Locke - 46) If a population is to exist, then everyone who participates in the functioning of society must be willing to give up some of their natural rights in order to follow the laws created to allow society as a whole to better function. flourish. protect people and property...... middle of paper ......Trans. Joe Sachs. Newbury, MA: Focus Pub./R. Pullins, 2002. Print.Aristotle. Policy. Trans. Benjamin Jowett. Mineola, NY: Dover Publications, 2000. Print. Hegel, Georg Wilhelm Friedrich. “Part Three: Ethical Life III. The State.” Hegel's philosophy of law: the State. Homepage of Hegel-by-HyperText @ Marxists.org, nd Web. March 31, 2014. .Hobbes, Thomas. Leviathan. Trans. CB Macpherson. Harmondsworth, Eng. : Penguin, 1986. Print. Locke, John. Second treaty of government. Ed. CB Macpherson. Indianapolis, IN: Hackett Pub., 1980. Print. Riley, Jim L., PhD. “The death penalty justified.” The death penalty justified. Regis University, 2001. Web. March 15, 2014. Weber, Max. Economy and society. Berkeley: University. of California Pr., 1978. Print.