Font Size: a A A

Changes In Natural Law

Posted on:2016-05-09Degree:MasterType:Thesis
Country:ChinaCandidate:G L LiFull Text:PDF
GTID:2296330461962410Subject:Jurisprudence
Abstract/Summary:PDF Full Text Request
John Locke’ famous work Two Treatises of Government earned him a high reputation, but the book can not represent all his thoughts. Locke’s theory of natural law is mostly concentrating on Two Treatises of Government, which is currently understood among academics. They barely refer other literatures of Locke which also include the theory of natural law. This situation brings about the whole Locke’s image cannot represented. When Essays on the law of nature has been translated into Chinese text,this text expands the perspective of Natural Law deeply. Through careful inquiry into the Treatises of Government and Essays on the law of nature, this essay is trying to reveal the thought behind the text context, in order to present an overall Locke’s natural law. What the writer has detected is that the reason instead of divinity as the foundation of natural law, meanwhile Locke replaces the natural rights of natural law as the political basic. These words raise the later which led to a silent revolution. This view ultimately laid the basic of modern political philosophy.This essay consists of introduction, body and conclusion, meanwhile, the body is divided into three parts.The first part describes the two forms of Locke’s state of nature- peace and war. Locke follows the way which Hobbes used the state of nature to demonstrate the political origin, but he expands and reconstructs the state of nature which Hobbes uses. The state of nature is not against the state of war, but there is an inclusive relationship- the former include the latter. Locke’s state of nature hides his true intentions? The biggest difference between the state of nature and the state of war is that the rules which regulate human relationships, it is rational natural law or the law of irrational beast?The second part is aimed at exploring the reasons why natural law in the natural state loses its effectiveness. In the state of nature, the peace is an evidence which proves the natural law to be running well, and moreover the appearance of the war reflects the failure of natural law to adjust the state ofnature. The observance of the natural law depends on the consciousness in the state of nature, and the premise which abides consciously is understanding. But the knowledge of natural law as "natural secret", there is not everyone born with it. People need to use the rational ability to learn the law of nature, so the degree everyone learned and the understanding everyone acquired will be various, this situation will affect the effectiveness of natural law in the natural state.The third part explains how the natural rights get priority position to natural law. The effectiveness of natural law in the natural state brings about the threat which war is always launched. In order to overcome this threat, people must find out the common rule which can be understood by everyone as a link of co-existence between human interactions. Meanwhile this can guide humanity avoid the dangerous state of nature. This rule is based on each person’s innate and inalienable right has finally reflected the right of self-ownership. As the bond of peace, it was born with a high grade than the natural law. Natural rights obtain a more fundamental role than the natural law, and in turn form the basis of natural law.As a classic liberalistic writer, Locke’s natural rights theory is still an important pillar of the construction of the Western human rights’ discourse system. By deep research on Locke’s natural rights theory, the foundation of Western natural rights can gain a deeper theoretical understanding. Therefore, this research can provide some advices for constructing the discourse of human rights and the rights of the theoretical system in China.
Keywords/Search Tags:the State of Nature, the Law of Nature, the Right of Nature, Reason
PDF Full Text Request
Related items