Rights And Legitimacy Of Political Power

This dissertation discusses how the legitimacy of political power was constructed in Locke's political philosophy from a normative dimension, mainly based on Locke's Two Treatises of Government and with the views and paradigms in contemporary political philosophy. It also discusses several problems Locke did not elaborate under Locke's libertarian spirit and forms a Lockean problem research. The structure of the dissertation includes following parts:firstly, it gives a detailed introduction to the historical background, traditional resources, philosophical foundation and methodology, in order to build up the backdrop and context of the research on the legitimacy of political power in Locke's political philosophy. Secondly, it traces the metaphysical basis of the legitimacy of political power, i.e., the theory of law of nature and natural rights, and reveals that from Locke's Essays on the law of nature to his Two Treatises of Government, there was a shift in the aspect of metaphysical basis of political power from law of nature to natural rights. Historically, this shift reflected the objective stance of legitimacy was gradually losing its influence on the origin of political power since the rise of modern rationalism; logically, it reflected the transition from law of God as objective stance to the governed's expression of will as subjective stance on the foundation of the legitimacy of political power. After the establishment of the principle of natural rights, according to the distinction between legitimacy and justification by John Simmons,, this dissertation firstly investigates the question of legitimacy from the way of happening, which answers "Is any state necessary?" This part try to discuss the relationship between dominion of state and political obligation of individuals in Locke's view. The principle of consent presented by Locke's voluntary social contract theory is considered as the only standard of legitimacy of political power, and the state has a right to claim for obedience of the governed when it gains legitimacy. After finishing the discussion of legitimacy, this dissertation investigates the question of justification from the way of purpose, which focuses on purpose or function, and answers " what kind of state should we have?" This part discusses Locke on power dominion about the function, form, limit of political power and legitimation crisis. Although justification as virtues of state could not replace legitimacy to be the reason that asking for obedience of the governed, on the Lockean standpoint, if the justification of political power takes consideration of protection of individual liberty and rights as aim and principle, the justification of political power should have formed the dominion of legitimation and the governed could accept the political duty given by the justification based on the individual liberty and rights. In all, it will stimulate us to take rights seriously by the restatement of the legitimacy of political power since Locke.