Locke On Freedom Of Thought Shaped The U.S. Constitution

John Locke is considered the founder of modern liberalism, his liberalism is mainly embodied in the "Government of Xiapian in. Among them, natural law thinking, social contract, private property system of his ideas form the foundation of a free society. As countries in the world to emulate the United States Constitution, which contains a deep Locke freedom of thought, especially his Natural Law, which was said for the American thinker John Locke. Can be seen, Locke in the United States dubbed the high title. In fact, as more influential 17th century thinker, John Locke's thoughts on the future generations of scholars are enlightening. For example, he thought of Montesquieu inherited decentralization and development, and eventually was established as the basic principles of the United States Constitution; limited government theory were Hamilton in "Federalist Papers" in the repeated references.Speaking of Locke's theories, the most notable is his concept of natural law and private property system. Western society is based on rational and known for the law, in fact, just from a practical sense, the law is a social phenomenon, and it is widely accepted by the West and everyone willing to abide by, I believe that this must be up to understand the source of the legal concept of the West, which in turn can not but mention Locke. Locke believed that people are rational, and the law is a reflection of human reason, human beings from the natural state and into the political society is the natural state in order to overcome the inconveniences, but according to his theory, not to all human rights are transferable to the Government, and those immutable rights constitute the cornerstone of civil and political rights; and once it was established the Government had violated the original intention of the people, the people can be based on social contract theory to re-establish a new government to replace the God in the world "agents." Starting from natural law to infer the correct theory, but it is difficult from the other theories available. It is from this natural law, Locke set out to try to explain complex ideas that he had been by the world as the father of the U.S. Constitution, is the concept of natural rights and his concept of private property and inseparable. No concept of natural justice and selfless own property at all, look at the constitution of modern world history since there are numerous examples constitution without constitutionalism can be said that so far only a handful of truly constitutional state. The reason the legal protection of private property (vertical protection) nothing, the extreme neglect of individual rights is an important reason. This sense, we study what is necessary to re-classics of Western classical liberalism, make people as early as 200 years ago has been studied in the course. China today is more necessary and enlightening rather than the surge in the number of legislation, perhaps the former is more need for a long period of time.Not produce any theory thinkers came up with sitting in the library, it must be the emergence of a nation's history and inertia, the unique cultural ties together, Locke is no exception. The early 11th century British tradition of political compromise there, in Europe the British have a reputation for conservatism and respect for the tradition known to the world, and we all know that any free society must be built on the convergence of the soil of tradition The cut off like all the traditional reform will be a farce, it will not bring any freedom and the rule of law. Perhaps at this point, the British are lucky, their ancestors left their political compromise on the gene.1215 "Magna Carta" marks the advent of a mild they can be a means to resolve social contradictions, which in human history is not over, but some countries seem to never be this way to achieve social harmony, which is the culture dictates. In the Constitutional Convention of 1787 or the 1803 case of Marbury v. Madison were, and, later, the case United States v. Nixon (the Watergate), appears to be accidental historical events are hidden deep cultural necessity. This is not only rational choice from the parties, it is the result of their contract culture. Deeper reason is the compromise from England to respect the culture. Locke's theory of natural rights from his view of the beginning, and other thinkers, Locke also assumes a natural state of anarchy from the discussion of the people all the inconveniences in the natural transition to civil society, the United States Constitution are being along the way to develop an idea of their constitution. As we all know, the Constitution is the protection of rights of the people the book, but the U.S. view of the Constitution the right of inheritance Locke constitutions of other countries can not match. It provides clear terms what the people have rights, the government shall make no law to restrict religious freedom of citizens and so on. But the United States Constitution nor the emphasis on people's liberty, it also shows that it is a more pragmatic legal, real protection of people's rights become a book. America is a society ruled by law, the country's highest authority is the law, which is to measure the degree of social symbol of the rule of law. Americans are proud of what is their constitution, and in a free society, the law is to protect the most important means of freedom. "Where no law is, there is no freedom," This is Locke in the "Government of Xiapian made in the conclusion in his eyes, the law is the best means to prevent arbitrary government, people's behavior will be incorporated into the law track is a good method of social control. Locke understood as opposed to the free state of indulgence, like what happen, because that will not bring greater freedom. The real freedom is subject to the constraints of natural law, the principle of the admissibility of domination. Thus, Locke prefer the freedom of people in society in the political and social freedom. "In the government under the freedom of the people should have a standing rule as the criterion of life, such a rule to abide by the community members, the legislature established by the society to develop," Locke emphasized here at the in political society, the importance of common rules, and this rule should be to stabilize and we abide by as a precondition.If there are no common rules, no different from the back of the natural state, and the exercise of government power to the established procedures must also be used as the basis of political and social is different from the natural and social violence, the key point is that the implementation of the legal monopoly by the government, that in accordance with legal procedures to exercise the powers entrusted by the people. A lot of value relative to the law, such as democracy, order, the Americans seem to pay more attention to law, liberal values, probably because they never had the traditional reason of feudal autocracy. They inherited the tradition from the United Kingdom is free, so Americans are not willing to build a strong central government to limit their freedom. They not only absorbed the doctrine of Montesquieu's separation of powers and put into practice, but also in the heated debate in which they adopted the federal system of vertical division of powers to avoid too strong central government, the real decentralization of power.The design of any system one can not achieve the most perfect state, American society is no exception. Many of its systems are also produced in slowly groping, we all know, America is a case law of the country, in the judicial process more emphasis on the experience of individual judges. It also comes from English common law tradition, in the realization of social justice, the case law has a unique advantage. The procedural law of the United States is also very well developed, for the common law tradition has deep country, they see the program is more important, protect the rights of the people is the last barrier. It also reflects one aspect of American law is not on paper, they not only provides specific rights, and the corresponding procedural law to protect these rights, the implementation of each person are living right.Overall, many thought Locke biggest impact on the United States or his view of natural rights, social rights from the natural right over to the naturally leads to the social contract is entered into. Preamble to the Constitution of the United States referred to is non-transferable right to Locke called right to life, liberty and property. Leo Strauss in his "History of Political Philosophy," said: "John Locke·philosopher known as the United States, he is our king-was on a philosopher king and a great country statement. Thus, we Americans than the rest of the world's peoples have a greater responsibility and experience to judge the correctness of his doctrine. " It can be said of Locke's most fair evaluation.