Some fundamental right can not be override by the government
=> Those fundamental right includes nature right including life, liberty, and property
=>Property right is a natural right because it comes before the government
=> owner of ourselves
State of nature = State of liberty where human beings are natural beings and free and equal before the government and law
Law of nature give the constrain that we can’t give up or take away from someone else
Why can’t I give up the right of liberty:
Freedom is not doing whatever we want
::In one hand, the idea that natural rights are unalienable rights which makes something I own less fully mine::
::On the other hand, for a right to be unalienable, makes it more deeply and profoundly mine.::
How to define the legitimate government
Locke’s legitimate government:
- Government based on consent and limitation
- Certain fundamental right constrain the government can do
how there could be the right to property without consent before the government come to the scene?
- There is a way to create property not just in the things we hunt but in the land itself, provided there is enough and it’s good left for others
legitimate government is government based on consent
State of nature: the condition that we decide to leave
Undertake an act of consent where one agree to give up the enforcement power and create government where there will be legislature to create law and where every one agrees to abide by whatever the majority decides
=> What can the majority decide?
How much the majority have?
How limited is the government created by consent?
It is limited by the obligation on the part of majority to respect and to enforce the fundamental right of individuals.
Property is natural but conventional
It is natural in the sense that we have a fundamental and unalienable right that is respected by the government
Its is conventional in the sense that it is a further question of what counts as the property and what counts as taking the property that is for the government to define, namely Collective consents
::Locke: the non-arbitrary rules and laws by the majority is not a violation of basic right.::
The only limitation of government is the arbitrary power of the government