Traceable Analysis Of Legal Philosophy On Locke's Property

Locke is the most famous jurist and philosopher in the 17 th century for his book Two Treatises of Government and the core concept property in the book.Locke's property is based on human common resource,restricted by natural law,obtained through labor,which makes the property privatization come true.Locke bring life,freedom,material wealth and all other human rights into the connotation of property,which makes it a kind of approach to achieve the freedom and an extension of personal human dignity.Up to now,Locke's theory of property still deeply affects the legal concept of western countries.In Locke's property theory,humans are the property of god,self-preservation is the order of god,and the natural law is the will of god.People's existence needs not only reason,but also enlightenment of god.This expression of dual truth reflected the affection of scholasticism on him.Locke developed a unique tolerant ideology of religion,which was based on the reform of the scholasticism.The property is the perfect integrating point of god and human,religion and reason he can found,which make it an existence of personal liberate and happiness pursue.That reflects a kind of liberalism,and then,a reverence of individualism.For this reason,the property,as the embody of personal perfectionism,is derived from the theological thought influenced by scholasticism,and accomplishes Locke's concept of philosophy of law which is represented by god and based on humanity on the other hand.For china,we have to establish the concept of property rights with Chinese characteristics.We have to face the property squarely and treat it as an important part of human rights while changing the concept of government work;we have to improve the level of respecting and protecting the constitution while restricting the powers of government with the thought of government's finitude;we have to pay attention to the balance of requisition rationality of the government,legitimacy of social benefit and the compensation of personal property,to make the distribute of government finance legal and just.Finally we could build China under the rule of law with humanistic care through the legal belief of respecting human rights.