Unlike Hobbes, Locke noted that even with the formation of government, people have the right to have a private life to pursue whatever actives they want to pursue (Stanka). Like what Locke said, every person has natural rights and it is the government`s duty to protect these rights (Second Treatise of Government). Individual rights play an important role for democracy today, that if a state does not protect their citizen`s rights they are automatically labelled as undemocratic. Instead of a sovereign ruler as Hobbes suggested, Locke would instead see the sovereign not as one individual ruler but a sovereign of the people. Locke believed that the government was made up by the people of the society.
Natural rights must also be universal in order to undergird every possible political association. Man alone posses logos, which allows him to make moral judgements concerning the world around him. These moral judgements must stem from a shared framework, even if they arrive at different conclusions. In order for this framework to remain universal, it must stem from a first principle, or metaphysical law. The only universal commonality to all humans across all time and space and all political associations is logos: rationality.
The concept of all people being equal was one that was new to the people of the age of Enlightenment. Equality would grant all men a say in their government and let them explore the world around them. Jean-Jacques Rousseau demonstrates how the ideals of society were changing when he states The common good is what is best for a society as a whole, not just for a few people or the individual or group that is acting. The common good is built upon equality. It is meant to ensure the welfare of all people regardless of social class.
With it, he justifies absolute monarchy, his ideal political regime. According to him, the sovereign needs unconditional obedience — the sine qua non condition for a state of peace, unless he is unable to keep the people safe. His Leviathan is created by the union of men, the head being the ruler and the body the people: “For by art is created that great ‘Leviathan’ called a ‘Commonwealth’ or ‘State,’ in Latin civitas, which is but an artificial man, though of greater stature and strength than the natural, for whose protection and defense it was intended; and in which the ‘sovereignty’ is an artificial ‘soul,’ as giving life and motion to the whole body”. Authority is what is preserving the state: “Covenants, without the sword, are but words and of no strength to secure a man at all.” Hobbes is trying to reinstate this sense of unity in political community even though he paints the absolute monarch as a god, rising above the covenant. Consequently, he is above justice as he is the most apt to serve the public interest and well-being of the people seeing as it is meshed with his private interest.
The constitution is considered to have supremacy over basic statutes, which shows the importance and appreciation of justice in law. Also the Universal Declaration of Human Rights indicates how justice as fairness, equality of all people and all nations, and many others, are set out as fundamental human rights to be universally protected. Considering this, it could be argued that justice is a scheme or system in law in which every person receives his or her due from the system, including all these rights, both natural and legal. Another matter though is that are these rights given and protected universally to all in practice, but that is case that has to address in another paper because of the lack of space
(pg 9) This government would ensure that one’s freedom could not impinge upon that of another’s. By using reason to secures freedoms, Locke is essentially saying look inward to yourself, using your own reason as a citizen to give the authority to the government, seen in “Men being, as has been said, by nature, all free, equal, and independent, no one can be put out of this estate, and subjected to the political power of another, without his own consent.” This gave a new power to the freedom individual, stressing not only that we are free to
Another addressed group is America’s Founding Fathers, particularly Thomas Jefferson, author of the Constitution and the father of the idea that all men are created equal. Lee points out the famous quote about equality that she believes to be miss-interrupted. She expresses the misconception of the famous quote: “All men are created equal” all men are not created equal, but they can be equal through justice: equality and justice are not compatible words. The definition of equality is the state of being equal, especially in status, rights, and opportunities and the definition of justice
Hobbes defined equality as equal rights and no greater power for men over women. No, I agree with Hobbes, this is the same point of view I have on equality. 3. Hobbes believed the social contract is a creation of the sovereign. in the social contract individuals contract with one another to give up the right of self-government, and give it to the sovereign 4. natural laws are morals that never change and apply to society as a backbone of conduct for humanity.
He mentions the basic liberties of citizens, specifically those mentioned in the First Amendment, the claims that all citizens share these rights equally as “citizens of a just society are to have the same basic rights.” (Rawls 1971, my emphasis) In this statement, along with others, Rawls makes the assumption that the current society is just, and therefore, will give all citizens equal rights. As Young mentions, Rawls does not evaluate the basic structure of society in this instance. He merely assumes that justice is present in the current societal state, rather than evaluating the system itself. Rawls continues in his discussion to define rights and liberties, which he claims are those that have been designated by the public rules of the basic structure. The freedom of the public, “is determined by the rights and duties established by the major institutions of society.” (Rawls 1971) The very claims Rawls makes in relation to rights and liberties ignores the fact that these rights and liberties have been decided by institutions which have not been assessed themselves.
In the first part Rousseau begins with the following words “El hombre ha nacido libre, y en todas se halla entre cadenas. Créese alguno señor de los demás sin dejar por esto de ser mas esclavo que ellos mismos. Como ha tenido efecto esta mudanza? (…)” is clear to indicate that the individual must find the necessary conditions, which have to be legal or legitimate so you can live in society. Rousseau assumes that all men are born free and equal by nature.