Locke's Theory Of Property

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CHAPTER I - INTRODUCTION The right to property has consequences associated with it in the public as well as the private domain. The repercussions of this right have been seen as a fascinating field of study by political and legal philosophers ranging from Locke and Kant to Hagel and Hayek. Property has become one of the basic requirements of the human race. The inevitability of some of a right to own property is evident from historical experience. The right to possess property is inextricably linked with economic wellbeing and affluence. The right to own property along with free markets are some of the most crucial elements of the modern social order based upon the ideals of capitalist methods of production. The view held by Locke was that…show more content…
His work –Treatises of Government- vividly establishes his understanding of power regarding Eminent Domain. Locke Believes that even Supreme Power cannot deprive any person of even a part of his/her property without his/her consent. For preserving property is the foremost aim of the man and it is for this that he enters the society. It is with reluctance that Locke agrees that state may have the authority to forcefully appropriate private property , and hence he puts many restrictions on it. delegation of authority to the state, in a civil society, is done by each individual of the society and source of restriction on this authority germinates from this delegation . Here it becomes important to consider the limitations that Locke imposes on the state regarding Land…show more content…
He also placed a limitation on state power. The chapter studies the provisions proposed in the Land Acquisition Bill live up to this theory and whether they would be deemed effective by Locke. It is essential to note that the study is general in nature and the researcher is not delving into each and every section of the bill. Key Provisions of the Bill In July 2011, the draft bill was published for comments. The major features of the bill are given below. Given the disparity involved in a deal for land acquisition, the focus is on providing a humane and transparent method of acquisition for industrialisation and urbanisation. Such a process is envisaged as being consultative. For example private companies and public private partnerships would require at least eight percent consent of the affected families. An important aspect of the procedure is the use of Social Impact Assessment Survey. As far as transparency is concerned, provisions have been made for public hearings as well as preliminary notification of the acquisition. The “urgency” clause may only be used in a limited number of situations. Acquisition of multi cropped land has also been
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