StudentShare solutions
Triangle menu

The Concept of Rights - Essay Example

Nobody downloaded yet

Extract of sample
The Concept of Rights

By "property" he means "life, liberty, and estate". The philosopher begins by asserting that each individual, at a minimum, "owns" himself, because he is free and equal in the state of nature.
In the Second Treatise, Locke espoused the idea of government by consent (representative government). Since there is no natural hierarchy among human beings, any subordination of one to another must be conventional. This convent is called the social contract. In this way, Locke argues that a full economic system could, in principle, exist within the state of nature. Property could therefore predate the existence of government, and thus society can be dedicated to the protection of property. When one joins civil society, however, one joins one's property to it to be regulated by the community. As a practical matter, in every society, a part must rule the whole. As the majority is composed of more wills and is stronger than the minority, the will of society must be determined by the majority. This makes liberal democracy a moral imperative. At a minimum, the majority must support the regime in power; in practice, this support can be demonstrated only by including something like a Parliament in the government. It must be said that the people rule themselves. The rule of law - the idea that the power of the state may be exercised only pursuant to a general rule crafted by the legislature - is the only legitimate form of government.
However, according to the philosopher, if the state overstepped its limits and began to exercise arbitrary power, it forfeited its 'side' of the contract and thus, the contract being void, the citizens not only have the right to overthrow the state, but are indeed morally compelled to revolt and replace the state (Uzgalis).
"The Declaration of Independence" (1776). The Preamble of the Declaration is influenced by Enlightenment philosophy, including the concept of natural law. Ideas and even some of the phrasing were taken directly from the writings of John Locke, particularly his Second Treatise. This was done so, because, according to Jefferson, the purpose of the Declaration was not to find out new philosophical principles or arguments, but to convince everyone that leaders of the colonies were right in their revolutionary actions.
The preamble is presented as a logical demonstration, with one proposition leading to another proposition. From the first proposition (that all men are created equal), a chain of logic is produced that leads to the right and responsibility of revolution when a government becomes destructive of the people's rights (Locke's idea): "We hold these Truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness".
Again, the Locke's terminology: "That to secure these rights, Governments are instituted among Men, deriving their just Powers from the consent of the governed". Then, according to the text of the Declaration, "whenever any Form of Government becomes destructive of these Ends, it is in the Right of the People to alter or abolish it, and to institute a new Government, laying its Foundation on such Principles, and organizing its Powers in such Form, as to them shall seem most likely to effect their Safety and Happiness" ...Show more

Summary

If one tries to compare the concept of "rights" in works by John Locke, in "The Declaration of Independence", and in "The Declaration of the Rights of Man and the Citizen", one could see that these works have much in common: to put it more precisely, these works contain similar concepts of "rights" adapted for the existing economic, social and political conditions.
Author : jarvis50
The Concept of Rights essay example
Read Text Preview
Save Your Time for More Important Things
Let us write or edit the essay on your topic
"The Concept of Rights"
with a personal 20% discount.
Grab the best paper

Check these samples - they also fit your topic

Hume's critique of the concept of natural rights. How far do you agree with this critique
For Hume, how we know nature is different, and in turn, different according to the contrast or comparision of perspectives – that is, between Hume and Locke themselves. Of course, while Hume had the advantage of criticising Locke, the converse of that relationship was not true.
8 pages (2000 words) Essay
Discuss the concept of 'jurisdiction' in Article 1 of the European Convention on Human Rights
It is not a single concept, and a state jurisdiction may get different forms. Therefore, a state may control conduct through its laws, or it may, through its judiciary, control those variances which fall before them, whether emanating due to criminal or civil law.
14 pages (3500 words) Essay
Human rights are interdependent and indivisible: International protection of human rights
Human rights are interdependent and indivisible: International protection of human rights Introduction Human rights are one of the most essential rights which are attributed to all citizens regardless of age, religion, creed, nationality, gender, and other demographic, political, or personal considerations.
7 pages (1750 words) Essay
How Does The Concept Of Children's Rights Influence The Work Of International Agencies And Development NGOs
In relation to the children’s rights, various provisions have been enforced both at the national levels and the international levels to protect the wellbeing and progress of the minors. In this context it reflects the right that are associated with the basic physiological as well as physical needs which majorly include food, health care, criminal law benefits and education and it will be discussed in this paper.
9 pages (2250 words) Essay
Explain the concept of majority rule with minority rights
Dr. Herman H.H. van Erp (1999) claims that democracy must "legitimize itself by an appeal to some conception of the common good and not by majority interests. Nevertheless, it requires an implementation of the common good through some kind of majority rule"2.
3 pages (750 words) Essay
Rights
Marx argues the need for man to explore himself, within himself, Marx is of the opinion that it is futile for man to search here and there as all the answers and solutions lie within him. "Man, who looked for a superhuman being in the fantastic reality of heaven and found nothing there but the reflection of himself, will no longer be disposed to find but the semblance of himself, only an inhuman being, where he seeks and must seek his true reality" (Marx, 1844).
2 pages (500 words) Essay
General concept of Human Rights
This declaration was mentioned with due conspicuousness in Civil Liberties and Human Rights, a book written by Helen Fenwick. It is important to observe that before the laws of this discussion are dealt with, the reason for the same has to be made known beforehand.
14 pages (3500 words) Essay
The modern concept of human rights in the UK
Human rights has become an important standard in British politics. The modern concept of human rights in the UK came about at the end of World War II, when the world realized the result of some of the German atrocities that happened during the war. The Nuremburg trials shocked most of the world, including the United Kingdom, when the terrible treatment of human beings was revealed to the world.
18 pages (4500 words) Essay
Discuss the concept of jurisdiction in Article 1 of the European Convention on Human Rights and its relation to jurisdiction in public international law generally
Else , a state may control the affairs by initiating administrative or executive action, which intrudes more pervasively on the happenings of events ,
14 pages (3500 words) Essay
Is a universal concept of Human Rights possible
rmed 6 major bodies, including the Security Council, the General Assembly, the International Court of Justice, an Economic and Social Council (ECOSOC), the Trusteeship Council, and the Secretariat. The Charter of UN authorized ECOSOC to set up commissions in social and economic
13 pages (3250 words) Essay
Hire a pro to write
a paper under your requirements!
Win a special DISCOUNT!
Put in your e-mail and click the button with your lucky finger
Your email
YOUR PRIZE:
Apply my DISCOUNT
Comments (0)
Click to create a comment
Contact Us