Natural Rights

1. Natural Rights

The analysis of natural rights as one of popular philosophy spread in the early settlement of US government should get started from basic questions in forming a government. Questions like “what makes government a government?” or “what The analysis of natural rights as one of popular philosophy spread in the early settlement of US government should get started from basic questions in forming a government. Questions like “what makes government a government?” or “what

One hundred years before the Constitutional Convention in Philadelphia occurred, John Locke published the Second Treatise of Civil Government. The content of Two Treaties of Civil Government is summarized as follows:

Political power entails the right to make laws backed by the threat of force. There is no way to prove that one has a right to hold political power by reference to one's ancestry. Since forming a government on such a basis leads to rule by brute force, and consequently, to civil disorder, another way must

be found to choose political leaders, one derived from an understanding of men's relationships to each other before the existence of government, i.e., of men's relationships to each other in a state of nature. (Braman, 1996, sec.1, par.6)

The idea of political power owned by government is how to make its people obey the rules and in making the people obey them, the government needs the threat of force. John locked argued that naturally, government‘s authority is exercised based on people‘s consent, hence they grant the exercise of that authority in order to access security for their natural rights in return: to life, liberty, and estate. We have to underline these two important points: the consent of the governed, and the guarantee

in accessing people‘s natural rights, or security. Locke opposed monarchy or a form of government which is ruled by one‘s hereditary right (by kings or queens). In Locke opinion, monarchy does not always lead to an established government, for it might be ruled by vicious kings. Riots might happen as the result of a corrupted system; hence

he suggested the form of government which is based on the nature of inter-human relationships . Because by establishing government which is based on the

Government will work based on people‘s demand and rulers are chosen from people‘s truest voices. Yet before suggesting elaborated system of government, John

Locke had to try to figure out how legitimate government is established, what the basis of its political authority is, how extensive it should be, and what it has to be used for. He used those questions as an approach in finding out the ideal system of government that ruled based on state of nature and protecting the people. Locke‘s visions on natural rights had enlightened some of the Framers like Thomas Jefferson and James Madison. His thoughts about natural rights and the equality of men has inspired Thomas Jefferson in writing the Declaration of Independence, and furthermore inspired James Madison in drawing the concept of government by the idea of natural rights.

Locke‘s first approach in elaborating his concept of ideal government is by thinking about what life would be like without government. He later portrayed a

condition ‗the state of nature‘. In state of nature, each man, as the owner of reason and free will, is cognitively independent and equal, and so, by implication, politically

independent and equal. To summarize, ―Locke's conception of the state of nature implies a law of nature, which is that "no one ought to harm another in his life, heath,

liberty or possessions. Natural law, then, implies natural rights to life, liberty and property. ‖ (Braman, 1996, sec.1, par.8 ). Life, in state of nature is insecure, because without the existence of government, there is no single authority in determining what the law of nature demands and to enforce those demands. To elaborate this point, we liberty or possessions. Natural law, then, implies natural rights to life, liberty and property. ‖ (Braman, 1996, sec.1, par.8 ). Life, in state of nature is insecure, because without the existence of government, there is no single authority in determining what the law of nature demands and to enforce those demands. To elaborate this point, we

Locke thought that the disadvantages of this are obvious: men's understanding of the laws of nature is flawed because their reason is imperfect and their judgments distorted by their own self interest. Since there are always those who will not observe the laws of nature, men's natural rights are necessarily insecure. ( Smith, Duane. ―AN INTRODUCTION TO THE POLITICAL PHILOSOPHY

OF

THE

CONSTITUTION ‖ http://www.civiced.org/papers/political.html)

To explain the idea above, Locke described ―the state of war‖ in contrast to his idea of ―the state of nature‖. It results whenever someone chooses to disobey the

law of nature. In John Locke‘s view, the basic problem that creates the need for government in the first place is the imperfection of human nature. This means, of

course, that the government must be formed based on consent, that protects the rights of the its people and guarantee their security in accessing their natural rights, without violating each other‘s.

John Locke‘s ideas obviously influenced the way Thomas Jefferson in the Declaration of Independence. There Jefferson wrote:

"We hold these Truths to be self evident, that all men are created equal, that all are endowed by their Creator with certain inalienable Rights, that among these are Life, Liberty, and the Pursuit of Happiness. That to secure these Rights, Governments are instituted among Men, deriving their just powers from the consent of the Governed, that whenever any Form of Government becomes destructive of these Ends, it is the Right of the People to alter or to abolish it, and to institute new Government...." (Jefferson, Thomas. United States Declaration of Independence) "We hold these Truths to be self evident, that all men are created equal, that all are endowed by their Creator with certain inalienable Rights, that among these are Life, Liberty, and the Pursuit of Happiness. That to secure these Rights, Governments are instituted among Men, deriving their just powers from the consent of the Governed, that whenever any Form of Government becomes destructive of these Ends, it is the Right of the People to alter or to abolish it, and to institute new Government...." (Jefferson, Thomas. United States Declaration of Independence)

people‘s rights, people may withdraw their consent and set up another government in an effort to provide what people seek: security in accessing their rights.