JOHN LOCKE'S THEORY OF SOCIAL CONTRACT AND THEORY OF NATURAL RIGHTS

JOHN LOCKE THEORY OF SOCIAL CONTRACT

Reason for the contract - Locke is also a scholar of common sense. According to him. there were certain inconveniences in the state of nature. Hence. man thinks I to avoid the state of nature. What was the man has a reason, I Hence, we cannot leave things on the Goodwill of man. the man also has no guarantee that goodwill will continue to provide. Hence it will be better if there is some agency that can ensure that people do not destroy the I goodwill.

In the state of nature, there was no common authoritv to make law. execute law Iand interpret law. Each person was the lawmaker, executive and judge. It goes against reason if a person is judge in his own case. Person who has killed his brother will not declared himself guilty. It will also be inconvenient that law varies from person to person.

The process of contract

In Thomas Hobbes, there is one contract By single contract, man creates society as well as state

In John Locke, there are two contracts:

1. The outcome of the first contract was - the creation of civil society.
2.  The outcome of the second contract - creation of government.( Legislature, Executive, and Judiciary).

People have not transferred all of their rights to the government. They have transferred only three natural rights.

 1. Right to make law
 2. Right to execute law
 3. Right to adjudicate law

People have unlimited rights and government have limited rights.

Government has no original power '. It only have delegated power.. Original power lies with the people. Government is a trust, people are trustees. Trust cannot Run against the wishes of trustees. Hence government cannot make any I law for which people have not given their consent. Since people have not transferred the right to life liberty and property. Government cannot make any lawwhich will limit these rights.

The Government would be elected by majority.

But another problem arises that if the government comes into existence because of maioritv support then what about those who do not support the government i.e. the minority? As per Locke consent is of two types Explicit and Tacit. Majority provides direct and explicit consent and minority pro tacit or indirect consent

THEORY OF NATURAL RIGHTS

1.  John Locke is credited for rationalizing the idea of "Natural Rights", however, he was not the first to discuss about the natural rights.
2.  tom Paine was the first political thinker who termed "Natural Rights" as "Rights of Man". '
3.  Natural Rights are based on the logic that ,by virtue of being human, people are entitled to them. Therefore, they are inherent in human nature. These are not the result of customs, law State or any other institution.
4. Later, Thomas Hobbes, also spoke about NRs he argued that in 'State of Nature people had unlimited freedom and rights, but when people established State. they surrendered all the Natural Rights except one i.e. Right to Life.
5. Further Hobbes argue that in "State of Nature" there was a situation of lawlessness, thus they were not able to enjoy any rights.
6.  John Locke argued that Right to Life, Liberty and Property is an integral part of the 'rationality of man It lies in the individual personality. It can't be separated from it. And for protection of these Natural Rights, the State and Political institutions are created: it is true that when enters into civil society from 'State of Nature ' then they surrender some of their Natural Rights, but they do not surrender the basic Natural Rights i.e. Right to Life, Liberty and Property.
7. According to Locke, humans only promised that they will not judge their own acts. They renounce this natural rights on the condition that the State must protect their basic Natural Rights of Life, Liberty and Property.
8. In this way, State is like the Trust and responsible fir its duties i.e. to protect Natural Rights of Life, Liberty and Property. And if State fails to perform its duties,
9. it should be abolished by people and a new Government should be established.
10. Thus, Locke considers Natural Rights as Sacrosanct and advocated the Right to Revolution against the State.

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