On The Origin And Limitation Of Locke’s Property Right Theory

The issue of Locke’s property right is still widely discussed and disputed today.As a natural right acquired and established in the natural state,property right truly and concretely reflects how the natural law plays its universal effect in the natural state.In order to understand the purpose of Locke’s discussion of property rights and how he interpreted property rights in the framework of natural law,thinkers have different views,showing irreconcilable opposition,especially the reconciliation between the principle of historical rights and the principle of equal distribution,which has always been a controversial topic.The main focus of the dispute is that there is a tension in Locke’s theory of rights.On the one hand,he thinks that the natural resources created by God belong to all human beings,on the other hand,he thinks that everyone has the right to obtain private property,which is the so-called principle of historical rights and the principle of equal distribution.The principle of historical rights refers to a kind of qualification of human beings.Everyone has the ownership of his own person.The principle of equal distribution refers to the collective or individual equal rights to nature.On the basis of natural resources in the original state,people join their own labor and transform it into material to meet their own needs.Locke and later liberals believe that one part of it contains personal property rights,which includes these two aspects.Therefore,it is necessary to reconcile the principle of historical rights with the principle of equal distribution.Can the two be reconciled? Or what kind of relationship exists between them?This paper focuses on the principle of historical rights and the principle of equal distribution in Locke’s theory of property rights,and makes a detailed analysis and interpretation of property rights.First of all,from the theoretical origin,this paper expounds Locke’s criticism and Reflection on the predecessors,and puts forward Locke’s and filmer’s different views on the source of private property,Locke’s and Hobbes’ different views on the natural state.Secondly,on the premise of the principle of historical rights,it discusses the relationship among natural law,natural state and natural rights,and labor and property rights.Thirdly,it discusses the principle of equal distribution in Locke’s theory of property rights,interprets the theory of equality from Cambridge school and Strauss school,analyzes inequality and unequal possession,and discusses the reconciliation between the principle of historical rights and the principle of equality as a whole.Finally,on the basis of China’s national conditions,this paper draws lessons from Locke’s theory of property rights,establishes China’s legal system of property rights,and deepens the protection of private property by civil code.Through the analysis of Locke’s property rights,we can not only learn from the property view with Chinese characteristics,but also enhance the strength of the constitution to respect and protect private property.At the same time,the state should pay attention to the realization of distributive justice and build a rule of law China with humanistic care.