On Locke's View Of Free Education From The Perspective Of Legal Philosophy

The foundation of order lies in what kind of people make up it,and the ideal of "freedom" in Locke's political philosophy is "rational free man".The order to be constructed by British family law also gradually embodies the idea of Locke's philosophy of freedom.can family law help modern people find the position of "freedom" in order,and whether the legal education function of family law imparts Locke's thought of "freedom" ? Whether "rational free man" can be cultivated from the implementation of family law,or whether the suitable subject of family law,what kind of person is the topic of this paper.Although Locke's thought of freedom has come a long way in England,it has influenced the subsequent discussion of marriage and family.Locke foresaw some major reforms in the law and practice of marriage and family in later generations in England.As the basic problem of modern philosophy,"education" has an important influence on the realization of the principle of "freedom" and "equality" of Locke's political philosophy through the legal education function of family law.The first chapter of this paper introduces Locke's political philosophy theory of "rational free man"."rational free man" is the basic subject of forming "marriage relationship",and it is also the direction group of family legal education function.Locke's reform of individual,family and society is closely related to the basic concept of "rational free man" envisaged by Locker.from the point of view of family law,this basic concept is the starting point and foothold of constructing family law.The second chapter of this paper analyzes the marital relationship of Locke's "rational Free Man",opposes the "husband power" under the traditional "patriarchy",and constructs the "contract" relationship based on the free will of the husband and wife.This paper mainly sorts out the foundation of Locke's rational marriage and family,the limits of "husband's power" and the equal property rights and parental rights between husband and wife,and draws the conclusion that carrying out "egalitarianism" is Locke's goal of the relationship between husband and wife.The power structure of husband and wife's family revolves around "egalitarianism",the limits of their personal power,the right to property and the power to children,and freedom is the result of equality,because equality,no one is the ruler of anyone.So freedom is guaranteed.On this basis,this paper looks for the signs of the legal system embodying Locke's idea of "rational free man" in the evolution of the British family legal system from the early modern times to the modern times,and demonstrates the influence of Locke's political philosophy of freedom behind the change of the British legal system.This paper mainly examines the evolution of the "principle of consent",the evolution of the provisions of the "age of marriage",the evolution of the freedom of divorce and the evolution of the property rights of married women between husband and wife,so as to sort out the framework of Locke's political philosophy of freedom.The development path of "emotional individualism" in the family law system.The third chapter of this paper is to sort out the theory of "parental power" of Locke's rational family,to explore the source of "parental power" under Locke's free political philosophy,the reasons for the "elimination" of parental power,and the relationship between parents and children inheriting property rights.It is found that the fundamental source of Locke's parents' rights over their children is the upbringing and education of their children,which overturns the traditional "patriarchy" and makes a complete distinction between "dominion" and "education".It is still consistent with "egalitarianism",and children are potential equals,which is the possibility and basic path for Locke to cultivate "rational free man".On this basis,this paper studies the provisions of the legal relationship of "parental authority" in British family law from the early modern times to the modern times,and ponders over the specific legal provisions such as "upbringing","adoption","children's education","inheritance of property" and so on.To explore the educational function of law in cultivating "rational free man".The fourth chapter of this paper is the summary of the full text,combing the significance of Locke's philosophy of free education and the change of English law.to a certain extent,the change of family law gradually reflects the theoretical setting of Locke's "rational free man".