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Rock On The Legitimacy Of Property Rights

Posted on:2007-09-11Degree:MasterType:Thesis
Country:ChinaCandidate:F C WuFull Text:PDF
GTID:2206360185472327Subject:Legal theory
Abstract/Summary:PDF Full Text Request
John Locke, a philosopher of England Enlightenment Movement in 17 century, who advocates liberty and emphasizes observation and practice, is acclaimed as the father of libertarian and experientialism. All this thought is fully reflected in the concerning-property chapters and sections of his representative work TWO TREATIES OF GOVERNMENT The theme of Locke's thought is liberty and property, so the work can be said to be a sort of jurisprudence, which bases on liberty and property to elaborate some right and responsibility, among which property serves as starting point of analyzing liberty.For Locke, property refers to basic natural rights including life, liberty and property. Property is a bestowal which God give to mankind. Man extends it to the out-of-himself things by his labor, in this way exclusive private right come into being.Locke's thought about property contains three dimensions including religious theology, moral philosophy and natural law, that is, religious theology of individual and human preservation in property origin, moral philosophy of property obtain in individual and human liberty and natural law of property protection in rule by individual and law. As religious theology concerned, Locke explains justification of property origin through the God's revelation (God's bestowal) and reveals the necessity (self preservation) and justification (human preservation) of property to mankind through description of natural state and natural law. As moral philosophy concerned, Locke stresses the basis of hedonism (desire and foresight) and rationalism (perish and enough and as good proviso) for individual freedom in obtaining property, at the same time emphasizes the property's utilitarianism basis (the value of labour) and experimentalism basis (consent theory). As natural law concerned, although Locke the importance of property to self preservation and individual freedom of human, at the same time...
Keywords/Search Tags:Locke, property, liberty, rule by individual, rule by law
PDF Full Text Request
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