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Locke on Freedom of Thought Shaped the U.S. Constitution

Author: ZhangZhiJie
Tutor: TianBaoHui
School: Hebei University of Economics
Course: Legal Theory
Keywords: Locke Free Natural rights View of Government
CLC: D90
Type: Master's thesis
Year: 2011
Downloads: 158
Quote: 0
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Abstract

John Locke is considered the founder of modern liberalism, his liberal ideology is mainly reflected in the next government '. Among them, of the idea of ??natural law theory of limited government, private property system he envisaged the foundations of a free society. As countries in the world to emulate the United States Constitution, which contains a profound Locke freedom of thought, especially his natural law thinking, so that some people said Locke for American thinkers. Visible, Locke in the United States is the crown of to high title. In fact, as the 17th century, influential thinkers, Locke thought has inspired many scholars of future generations role. For example, the decentralization thinking Montesquieu inherited and development, eventually established as the basic principles of the Constitution of the United States; limited government theory were repeated references to Hamilton in the \On the theory of Locke, the most notable is his concept of natural law, and based on the notions of natural law theory of limited government and private property system. The laws of Western society is based on a rational and known to the world, in fact, from a practical sense the law is nothing more than a social phenomenon, can Westerners are widely accepted and everyone is willing to abide by, I believe that this must be from The source understood in Western legal concept, which can not fail to mention Locke. Locke believes that people are rational, and rational law precisely a reflection of mankind from the state of nature into the political and social order to overcome the inconveniences in the natural state, but according to his theory, human and not all The rights are transferable to the government, and those unchanging rights constitute the cornerstone of the civil and political rights; Once the government violates the people to set up its mind, the people based on the social contract theory to re-establish a new government to replace the God \Departure from the natural law in order to correctly infer these theories, it is difficult to launch from other theories. This article is also from natural law to attempt to explain complex ideas of Locke, he is the reason why the world known as the Father of the Constitution of the United States, is inseparable from the concept of natural rights and private property concept. Selfless propertied the concept no natural justice at all, when we look at modern times the world history of the Constitution, the constitution without constitutionalism Examples abound, it can be said to date real constitutional only a handful of countries. The reason for the legal protection of private property the (longitudinal protection) nothingness, is an important reason for the extreme neglect of the rights of individuals. This sense, it is necessary to re-study the classics of Western classical liberalism, to make up the people as early as 200 years ago, has been learning courses. China today need more enlightening rather than legislative surge in the number, perhaps the former is more need for a lengthy period. Any theory not produce thinkers thought up sitting in the library, it appears inevitable inertia with the history of a nation, linked to the unique cultural, Locke is no exception. As early as in the 11th century British political tradition of compromise there, in continental Europe the British reputation for conservative and respect for tradition and world-famous, and we all know that a free society must be built on the soil of convergence with traditional cut off all traditional-like reform is bound to be a farce, and can not bring any freedom and the rule of law. Perhaps at this point, the British are lucky, their ancestors left their political compromises gene. 1215 \harmony, which is the cultural dictates. Constituent Assembly in 1787 or 1803 Marbury v. Madison, which, as well as the later of America v. Nixon case (Watergate), appears to be accidental historical events are hidden deep cultural inevitability. This is not only from the rational choice of the parties, it is the result of their contract culture. The deeper reason is derived from the compromise respect for the culture of England. Locke's theory from his concept of natural rights, and other thinkers, Locke also assumes a natural state of people from the discussion inconveniences of anarchy natural transition to civil society, the framers of the United States is along such a line of thought to develop their constitution. As we all know, the Constitution is the protection of people's rights book, but the Constitution of the United States inherited Locke concept of rights to other countries in the Constitution are unmatched. It sets out in clear words the people What rights, small government laws to restrict citizens' freedom of religious belief. But the Constitution of the United States, or emphasis on the negative liberty of the people, which also shows that it is a more pragmatic laws and truly become the people of the protection of the rights of the book. The United States is a society based on the rule of law, the supreme authority of its national law, which is also a measure of the degree of social rule of law logo. Americans are proud of the things is their constitution, in a free society, the law is the most important means to protect our freedoms. \The track is a better way of social governance. Locke opposes freedom understood as indulgent state, want what happen, because that will bring greater freedom not. True freedom is to be bound by the natural law, the admissibility of the principle of domination. Therefore, Locke prefer the freedom of people in a society that is in the political and social freedom. \common rules in the political and social importance, and this rule should be stability and to abide by all the premise. If there is no compliance with the common rules, no different from the back to the natural state, and the exercise of government power must also be established procedures as a basis for political society is different from the natural and social key point is that the purposes of violence by the government legitimate monopoly , that is to say to the exercise of the powers conferred by the people in accordance with the legal procedures. With respect to many of the value of the law, such as democracy, in terms of the order, the Americans seem to pay more attention to the value of freedom of the Act, may be because they from traditional feudal autocratic sake. They inherited the tradition from the United Kingdom is free, so the Americans are very reluctant to re-establish a strong central government to limit their freedom. They not only absorb the Montesquieu's separation of powers doctrine and put into practice, but they used in the fierce debate federalism longitudinal decentralization to avoid overly strong central government, the real power of decentralized. Any system design was not possible to achieve the most perfect state of American society is no exception. It's a lot of system are also slowly groping, as we all know, the United States is a case law of the country, to pay more attention to the personal experience of judges in the judicial process. This is also derived from the English common law tradition, has a unique advantage in achieving social justice, the case law. The procedural law of the United States is also very developed country has a deep tradition of common law, they will see the program's more important, but also to protect the rights of the people, the last barrier. From one side reflects the laws of the United States not remain on paper, they not only provides for specific rights and procedural law to protect these rights, the right to implement each of the people who are living. Overall, Locke many thought to have the greatest impact on the United States or his concept of natural rights from natural rights to social rights excessive naturally leads to the social contract entered into. U.S. Preamble to the Constitution called non-transferable rights to Locke's so-called right to life, liberty and property. Leo Strauss says in his \statement. therefore, we Americans than the other ethnic groups in the world, more responsibility and experience to judge the correctness of his doctrine. \

Locke on Freedom of Thought Shaped the U.S. Constitution

Abstract

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