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13.12.15

 Kelley Ross understands rights as being derived from the natural law doctrine. He also mentions the Torah origin of this idea. [See the link.] That is he understands rights to be derived from things like "Thou shalt not steal." Since there are further commandments relating to human affairs that would make rights more extensive.

I think Kelley Ross might not have put all his ideas in one essay. So I might as well say the basic idea as fast as I can. Natural Law had some origin in the Stoics but was articulated clearly by Saadia Gaon חוקים שכליים. That is many of the commandments are simply morality that God already put into the basic fabric of nature. The Torah simply reveals what is already objectively out there. This was developed later by Maimonides and Aquinas. The idea of Rights of John Locke was simply the expression of this in a way that makes it more clear from a legal perceptive. Thou Shalt not Steal is Divine and Natural law. The way this is defined legally is that people have a right to their own property. No one has a right to take from anyone their property no person and no government.
John Locke was simply a natural continuation of the ideas of Aquinas in this regard. But he added the idea that legitimate governments are formed to preserve these rights.

The idea is that people give up a certain amount of their rights that they would have in nature, in order to preserve the government they live under. Otherwise it would be war of all against all. That was John Locke's idea of how it is legitimate to tax. But the idea was that government can't take what it wants. Only what powers given to it under a constitution are legitimate-nothing further.

This is related mainly to the fact that I noticed some people do not have a very clear idea of exactly what John Locke meant by rights the meaning of the American Constitution. So when Donald Trump suggests that the job of government is not to let in Muslims but rather to protect Americans he is absolutely correct. The only job of government is to protect its citizens from foreign invasion and from crime.