Natural Rights Philosophy

Nearly one hundred years before the Framers met in Philadelphia to write the United States Constitution, the English philosopher John Locke published the Second Treatise of Civil Government. Locke's immediate purpose was to justify the Glorious Revolution of 1688 and to deny the claims of absolute monarchy based on divine right. Locke held that the inalienable rights of individuals form the basis of all rightful governments. According to him, individuals possess these rights simply by virtue of their humanity. They pre-date the existence of any government. The authority exercised by governments is exercised on the basis of the consent of the governed and they consent to the exercise of that authority in order to acquire security for their natural rights to life, liberty and property.

Locke approached the problem, as others had, by thinking about what life would be like without government. Such a condition he called the state of nature. In a state of nature, all men are equal and each is entitled to enforce the law of nature. Without government, there is no single authority to determine what the law of nature demands and to enforce those demands. According to Locke, the stronger and smarter people might try to take away other people's lives, liberty, or property. Weaker people might band together and take away the rights of the stronger and smarter people. Overall, people would be unprotected and insecure.

John Locke and other philosophers developed a solution to the problems that exist in a place without government. In a state of nature, people might feel free to do anything they want to do. However, their rights would not be protected and they would feel insecure.

Locke argued that people should agree with one another to give up some of their freedom in exchange for protection and security. They should consent to follow some laws in exchange for the protection that these laws would give them. This agreement is called a social compact or social contract. A social compact is an agreement people make among themselves to create a government to rule them and protect their natural rights. In this agreement the people consent to obey the laws created for that government.

In sum, the natural rights philosophy is built on the premise that everyone is equal in that each person has a right to life, liberty, and property. These are rights to which all people are entitled, irrespective of social class or lineage. The social contract theory of government holds that governments arise from agreements among people. It states that people are willing to give up their absolute freedom to do whatever they want in order for a government to protect some of their natural rights.

References

Locke’s Political Philosophy.Stanford Encyclopedia of Philosophy. 9 Nov. 2005. 3 Feb. 2009

Smith, Duane. An Introduction to the Political Philosophy of the Constitution.Center for Civic Education.3 Feb. 2009

Lesson on Natural Rights and Social Compact from We the People: The Citizen and The Constitution. Middle School Student Book.Center for Civic Education.3 Feb. 2009