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Assess the role of law, and determine its importance,compare key arguements in the writting of thomass hobbes and john locke - Essay Example

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Assess the role of law, and determine its importance,compare key arguements in the writting of thomass hobbes and john locke

It is the contrasts observable in the philosophical arguments that form the basis of this analytical essay on the importance and role of law, with a view to reaching a credible conclusion. Introduction The concept of the role of law has been presented differently by different scholars. While there is a general agreement on the role and importance of law in the society, the philosophy behind this concept differs according to different scholars. There is a general agreement that the fundamental role of law is to maintain order in the society, through the protection of the basic rights of individuals (Collins, 2005 p42). In a society where people are living together, it is inevitable to develop rules of conduct that guide the relationship and interactions between the people. While such rules of conducts may be developed and applied differently by different societies, the objective is simply the same; to protect the fundamental rights of individuals within the society (Grant, 1987 p12). Therefore, this essay will argue on the role and importance of law, as advocated for by two different scholars, namely Thomas Hobbes and John Locke. Discussion The prime essence of law in the society is to regulate social behavior (Brown, 1965 p7). ...
However, according to Thomas Hobbes, who was a renowned English philosopher, the major problem that exists in the world is that of establishing political and social order (Dietz, 1990 p114). Therefore, the fundamental question regarding social interaction is on how people can live together, without the danger and fear of conflict. This forms the basis of his Moral and Political Philosophy, which postulates that to realize peaceful coexistence in the society full of undue danger and fear of conflict, people should give their obedience to an unaccountable sovereign, which could take the form of an individual or a group that is vested with the powers of deciding on the political and social issues facing the society (Collins, 2005 p45). This point to the inevitable need for some form of law that is vested on certain social institutions, which have the powers to interpret and apply the laws for the common benefit of the society and al individuals, who have committed their obedience to such institutions. Thus according to Thomas Hobbes, the need for law in the society stems from the fact that the state of nature is one full of universal insecurity, where all people have the right to fear violent death (Brown, 1965 p12). Therefore, the role of law is to guarantee such people their security, and thus eliminate the danger and fear of violent death that is present in the state of nature, which is likened to a state of civil war. Hobbes further observes that it is practically impossible to achieve a rewarding human cooperation (Franklin, 1978 p61). This is because; individuals will always take advantage of their strengths to dominate over the weaker ones in the society, and thus expose them to the danger and fear of violent death. Thus according ...Show more

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Name: Course: Date: The role of law Abstract Different scholars have put across different philosophies that describe and elaborate on the importance and the role of law. While there is an agreement regarding certain aspect of the role of law for by the scholars, other aspects differs, depending on the scholars’ perception of the society and its relationship to the state of nature…
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Assess the role of law, and determine its importance,compare key arguements in the writting of thomass hobbes and john locke essay example
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