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Property and State Power

Author: MengDeJuan
Tutor: FuYongJun
School: Shandong University
Course: Foreign Philosophy
Keywords: Property Property Rights Natural Rights State Power Rule of Law
CLC: D095
Type: Master's thesis
Year: 2008
Downloads: 269
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Abstract


John Locke is a great philosopher and political theorist in 17th century British thought.. Moreover, he was a practitioner of the British bourgeious revolution. Locke’s Political Philosophy is a kind of "Consensualism", a kind of legitimate grounding of "resistance" for those under the influence of power. Thus, Locke’s Political theories are always presented from the perspective of restricting and limiting the power of the State, thereby searching for the best way to protect the interests of the bourgeouis. The theory of Property Rights takes up an important position in Locke’s thought. According to Locke, Property Rights are the center and basis from which all other Rights spring forth, they are the most fundamental of all the Natural Rights. Locke believes that in the original state of nature Man was in a free and equal state, and through one’s own labor acquired wealth from the natural environment to maintain survival. But in the state of nature the sharing of life, liberty, and property rights are unstable and fragile. These rights are often threatened and enfringed upon by other members of society. So, the main reason people unite to establish a State and put themselves under the authority of its power is to protect their property rights.Locke’s thought on Property Rights follows on the heels of his publishing of Two Treatises on Government, and like wildfire spread to the public. Because Locke’s ideas were so will suited to the political climate of his day they became the prized weapons by which the British bourgeousie resisted, and ultimately defeated, feudal property relations. Not only England, but France, America, Germany, et. al. all were greatly influenced by Locke. America’s Declaration of Independence and France’s Declaration of The Rights of Man clearly appropriated Locke’s ideas. Locke’s political thought was like a high flying flag uniting and motivating people regardless of national or ethnic boundaries. His works led people towards the goal of implementing spiritual freedom and liberation, and later helped guide those who established the modern nation-states. The famous American historian of philosophy Charles Tilly once said, "There is no philosopher who has more deeply influenced humanity’s spirit and insitutions than Locke has."However, will the property rights Locke so prizes be safe as the power of the Nation-State grows in strength. After the founding of a modern nation state will the citizen’s property rights always be protected? We must admit that the course of development that a modern nation state takes is fundamentally determined by the question whether rule of law exists or not. Only a nation state constrained by rule of law can be the protectorate of the people’s property rights; a state unconstrained by the rule of law will become a ravenous "Leviathian". So depending on the rule of law is the only means by which to prevent the State’s encroachment upon individual property rights.In the development of human history the question concerning property rights has been a perennial area of dispute. From Plato, Aristotle, Aquinas, Bhutan, Arsenishvili, Hughes, Spinoza, Hook, Filmer, Hobbes, and Locke many wise thinkers have continued to debate this issue with much vigor. Locke presents a position between property rights and State power that exhibits a profound respect for human rights while at the same displaying a deep understanding of human nature. His attempt to limit State power to protect the property rights of individual citizens has been widely embraced. In today’s society, the attributes and character of property rights have once again garnered much attention. Moreover, the spheres in which the notion of property rights exerts influence is rapidly increasing. Modern society more than ever needs to respect of happily follow the rule of law and the authority of legitimate government. Only in this situation can the tension between citizen’s property rights and State power be harmoniously solved. Locke’s ideas can be very useful as contemporary China continues to construct a Socialist Market Economy and a Socialist Rule of Law.

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CLC: > Political, legal > Political Theory > History of Political Science,History of Political Thought
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