Locke: The Law of Nature

Locke’s property rights are now usually understood to be both fundamental and strictly negative. Fundamental because they are thought to be basic constraints on what we may do, unconstrained by anything deeper. Negative because they are thought to only protect a property holder against the claims of others. Here, I argue that this widespread interpretation is mistaken. For Locke, property rights are constrained by the deeper ‘fundamental law of nature,’ which involves positive obligations to those in need and confines the (...) right to excess property within circumstances where it is not needed to preserve human life. (shrink)

The objective of this article is to compare and contrast the influential notion of natural and property rights created by John Locke in his "Second Treatise on Government" (1689) to the posterior notion of abstract right expressed by Georg Wilhelm Friedrich Hegel in his "Elements of the Philosophy of Right". Said analysis is particularly pertinent given the complexity of Hegel’s political philosophy, and, perhaps more importantly, seeing as Hegel’s abstract right was (allegedly and in part) intended to point out the (...) shortcomings of Locke’s theory of natural and property rights, in order to further the human understanding of the world. More specifically, this article will examine the two rights theories in terms of their respective amounts of emphasis on individualism, or lack thereof. It will reveal three areas in which Lockean rights are more geared towards the primacy of the individual than Hegelian rights: (1) in their respective understandings of what it means to be a person, (2) in their conduciveness to individual wellbeing through the obligations each theory entails, and (3) in the extent of the rights themselves in relation to the state. (shrink)

Locke’s Second Treatise of Government lays the foundation for a fully liberal order that includes representative and limited government, and that guarantees basic civil liberties. Though future thinkers filled in some gaps left in his doctrine, such as division of powers between executive and judicial branch of government, as well as fuller exposition of economic freedom and human rights, it is Locke, who paves the way for others. The article reviews the Treatise, paying particular attention to his ingenious way to (...) render absolute power illegitimate and to create an order that breeds citizens, not subject. In this, the article claims, Locke is a Whig rather than a continental liberal. He worries about state omnipotence and the threat it poses for citizens. Though resorting to an abstract construct—state of nature—he still is a common sense, English thinker, far from a continental reformer who would thoroughly redesign the existing order. (shrink)

This article makes a moral argument for universal access to health care and for the legitimate function of government to guarantee that access. Constructed as a reply to the libertarian argument against universal access, this article utilizes the moral and political theory of John Locke, favored by libertarianism, to develop a Lockean argument for a view contrary to the libertarian philosophy. In particular, the argument here shows how libertarianism’s neglect of a crucial element of the natural-law tradition, to which Locke (...) adhered, not only undercuts the libertarian objection to universal access to health care but also underwrites an alternative argument in favor of such. (shrink)

A private property account is central to a liberal theory of justice. Much of the appeal of the Lockean theory stems from its account of the so-called `enough-and-as-good' proviso, a principle which aims to specify each employable person's fair share of the earth's material resources. I argue that to date Lockeans have failed to show how the proviso can be applied without thereby undermining a guiding intuition in Lockean theory. This guiding intuition is that by interacting in accordance with the (...) proviso persons interact as free and equal, or as reciprocally subject to the `laws of nature' rather than as subject to one another's arbitrary will. Because Locke's own and contemporary Lockean conceptions of the proviso subject some persons to some other persons' arbitrary will, the proviso so conceived cannot function as it should, namely as a principle that restricts interacting persons' actions reciprocally and thereby enables Lockean freedom under law. (shrink)

A partir algunas aseveraciones que se encuentran en Los Ensayos y en el Segundo Tratado sobre el Gobierno Civil se puede pensar que para Locke cuestiones básicas sobre la Ley Natural tienen su fundamento en principios teológicos, no obstante, en este escrito se tiene por objetivo mostrar que, aunque el origen de la Ley Natural sea divino, difiere de la forma como se adquieren los contenidos de la mencionada ley y del principio o motor por el cual la voluntad se (...) adhiere a esos contenidos en virtud de lo cual un ateo pueda conocer y estar sujeto a la Ley Natural. (shrink)