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Constitutional Thought Philosophy Of Locke

Posted on:2009-08-17Degree:MasterType:Thesis
Country:ChinaCandidate:L B ShiFull Text:PDF
GTID:2206360242496912Subject:Foreign philosophy
Abstract/Summary:PDF Full Text Request
England is the source of unwritten constitution,also is the geneses ground of the constitutionalism practices and the constitutionalism thought,so Locke's constitutionalism thought is exactly the outcome that the British constitutionalism practices.This paper takes Locke's Two Tracts on Government(volumeā…”)as the main text to study Locke's constitutionalism thought chiefly.Through the way of explaning the original text,we can understand Locke's premise,main contents and core of the constitutionalism thought clearly.Locke's constitutionalism thought includes three greatest premises can also be called three important changes.Mainly includes:State of nature changed to.political society,natural right to the change of citizen right,natural law to national legislation. Because the discussion of constitutionalism problem needs to set in the political nation to carry on,therefore we have to clarify the process that the mankind gets into a political society,and the reasons of the political social change.Locke presumed a "state of nature" before the mankind get into political society,people owned natural right under this appearance and followed natural law to live,owing to there was a series of unsteady factors under natural state,these factors produced a transitional possibility towards political society.In the transition to the political society,Locke introduced his society contract theories to resolve the problem of political national power origins and its legitimacy.The citizen right in the political nation still takes natural right as foundation,and the national legislation also follows the general rule of natural law.The realization of Locke's constitutionalism thought mainly is built up a set of limited government theories.This can also be regard as the main contents of Locke's constitutionalism thought.The formation of Locke's limited government theories has its special economy,politics,cultural background and social motives.The limitation of the government mostly contains the government's limited power and purpose.Among them, the government limited power includes its limited power scope,power exertion process, power partition and correlation.Covered Locke's government power system to set up medium cent power and the principle of balance.From the perspective of philosophy about law,the inevitable and rational existence of limited government can be analyzed and discussed profoundly.By the way of interpreting the premise and the main contents of Locke's constitutionalism thought,in last part,the writer educed the core of Locke's thoughts is:to guarantee right,to limit the power and to carry out a public welfare.On the one hand,for the sake of elucidating clearly,we investigated the relationship between the value of Locke's constitutionalism thought and his free view,and got a conclusion that the ultimate aim of Locke's constitutionalism thought is to ensure people's freedom.And on the other hand,through discussing the relationship between democracy and constitutionalism,to explain that the core of Locke's constitutionalism thought is a kind of combinative principle of the constitutionalism and democracy together.A series of principle which present in Locke's Two Tracts on Government, theoretically have produced great influence to later political philosophy,law,and affected the bourgeoisie's revolution which occured between United States and France directly in the fulfillment.This paper mainly tries to carry on an explanation from the angle of constitutionalism and with some appropriate philosophical analysis to anticipate presenting everyone my own comprehension and analysis about Locke's constitutionalism thought.
Keywords/Search Tags:Natural state, Political society, Limited government, Guarantee freedom
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