ASSIGNMENT

( BY:- MANSI RAJ- 19/BAP/117)

(Q). The right to property has proved to be Locke’s most significant contribution to

Liberalism. Discuss.

Liberalism is a political philosophy here people strongly believe in the principles of liberty and

equality for all. J. Locke was an English logician and doctor, popularly known as the "Father of

Liberalism". Classical liberalism focuses more on liberty or personal freedom whereas social

liberalism is more concerned with equality, here are few examples of liberalism, like freedom of

speech, freedom of religion, freedom of the press, civil rights and gender equality etc. John

Locke's writing has been Influenced by many American revolutionaries. Revolutionaries during

the glorious revolution, the American Revolution and French Revolution relied on liberal

philosophies to justify their overthrowing of whom they believed to be a tyrannical- rulers. It is

believed that the French revolution in particular, was the time when the concept of liberalism

began to spread across different countries. During the time of glorious Revolution there was an

establishment of Limited constitutional monarchy, parliamentary Supremacy and emergence of

representative democracy. Liberal state denotes a limited government or limited state. It can also

mean that Limited role of the state or non-intervention of state.

State of nature:-

(1) Human life without any common superior authority to judge between them- no legitimate

political authority to settle disputes, maintain peace and order.

(2) Each individual free equal and independent but bound by law of nature (state of perfect

liberty and equality yet it is not a state of license).

(3) Each one is judge, jury and executioner in his own case and whenever breaches of natural law

committed by others.

According to Locke he believed that state of nature was a place where man makes his own

natural laws, no man has power over the other or to abuse his fellow. Whereas Hobbs viewed

state of nature as a state of War in which every man has to fight for himself meaning that

selfishness and self-preservation would chair over morality and dignity. According to Hobbs, we

as a society are a population underneath authority to which all individuals must surrender their

natural rights for their own protection. Whereas in a state of nature everyone is equal to do as

they please. Locke has more positive view on state of nature as he believed in men and in

individual; believing that naturally we are good natured. Whereas Hobbs had a darker view and

he expected that men would act more in a selfish way and would go to any lengths to get what

they wanted. Hobbs wrote " Men have no pleasure (but on the contrary a great deal of grief) in

keeping company where there is no power able to overthrow them all". (Leviathan). Locke

doesn't feel the need of government as he believed that we ourselves can hold a contracted

relationships between ourselves where a man can choose government authorities.

Though there were a lot of differences between Hobbs and Locke’s view on state of nature but

there is one thing we can see in common was that they both felt the need of a government as

government is needed within a state of nature so there can be boundaries, set of laws and rules to

inflict justice and save the world from constant riots and wars.

Inconveniences in the state of nature

(1) In the state of nature, they are no proper trustworthy mechanism to settle disputes like

unequal distribution of properties.

(2) Due to certain inconveniences the rights of individuals are not always protected in the state of

nature, for example:- not all individuals respect the rights of others

(3) There is lack of proper organization in the state of nature

(4) Further we see we can see that the people there are people who judges in their own cause

would be unduly vigilant of their rights and would tend to punish severely to those who infringed

them.

As a result of this inconveniences individuals would agree to unite into a community for the

purpose of defending one another to write as a result of this inconveniences individuals would

agree to unite into a community for the purpose of defending one another that right there would

be a social contract.
The act of contracting:-

(1) Social Contract:- According to Locke , social contract put an end to nature's state and

substituted for it a civil society or the state.

(2) Political or Governmental Contract :- This contact is made to form the government and to

select the ruler.

Government act as a trustee to the community and it's members are bound to act in public or

common good. Locke also says to the people about their right to revolution, the ruler can be

deprived of his authority if ever they fail to fulfill their terms of contract. On principle of

majority Locke argues that the decision- making power must be binding on every member of a

Civil Society otherwise it cannot function properly or improve the societal conditions.

Right to property :-

(1) God has given the earth and all its natural resources to all men in common and has also given

reason to man to make use of it to the best advantage of life and convenience.

(2) workmanship model: Since persons own their own body and labor, when they mix their labor

with that which is unowned it becomes a property and property is seen as 'fruit of labor'.

(3) No consent of others is required to acquire private property.

(4) In broader sense, right to property includes the right to life, liberty and external possessions.

(5) 3 principles of property-(1) One can only have as much as properties as it can be used before
it spoils (wastage restriction) (2) One must leave enough or sufficient good for others

(sufficiency restriction) (3) one may acquire property only through his or her own labor (labor

restriction)

(6) Taxation rights of government: Since property is a natural right which is derived from natural

law so it's for the protection of property that a man should enter into an agreement or contract.

Also government has no right to take property of the individual for the common good without the

consent of that particular individual..

Limitations on John Locke's right on property :-

In Locke’s approach to property it is misleading to contrast and natural- law justification of

private property with "conventionalism". A significant implication of Locke’s labor theory of

original acquisition is that it severely limits the amount of land that any one person may

legitimately claim during the stage of original acquisition. A single person can cultivate or

otherwise improve only modest parcels of land.  Locke’s point about the difference between the

individual’s right to seek reparations and everyone’s right to punish for the sake of deterrence

was overblown. The second qualification, commonly called the “spoilage limitation,” states that

a person may not claim ownership of so many natural resources that some of them spoil before

he is able to use them. The spoilage limitation arose in Locke’s reply to a possible objection to

his labor theory of property, namely, that “any one may ingress as much as he will.”