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28.2.18

John Locke

The basic idea of John Locke about natural rights is not spelled out as clearly as one might expect in the Two Treaties of Government. But from the general approach he takes in most of his writings, you can see the basic idea. That man in a state of nature possesses all his rights.  But he is vulnerable. Without the State, he in effect has no rights because any criminal can come along and take what he wants from him. Without a state we would all we vulnerable to the very worst criminals--and the most evil and most violent would have all the power. So in order to form a state, we give up some natural rights. We pay taxes. And limit our activities to things that will not hurt others and we obey the law.
So to John Locke rights are not made by the state. People have natural rights that the State is there to protect. It is subtle and you do not see it clearly in the Two Treaties.

The right to self protection is therefore not made by the state. It is a natural right that no one gives up.

[There are problems however with the social contract theory as Danny Frederick pointed out. John Locke works better with a consequential theory that goes according to the lines of the Rambam. That most of the commandments including the one to have  a king are consequential. Their purpose is to bring to peace of the state.]

To continue in this same  line of reasoning Karl Popper pointed out that the best way to evaluate a system is to see the natural consequences of the system. Not to look to see how well it can be defended by logic. But the thing is that any system has already been tried. You never have to evaluate what would be the natural consequences of the system. All you need to do is to look at what were in fact the actual consequences that actually happened. That idea cancels almost any social system I can think of except the Constitution of the USA.

[I have noticed that German and English thought seem to excel in different areas.That is the English in the 1600 and 1700 set the foundations of the kind of thinking that created the USA. While German thought seems very weak in politics but gets to amazing depth in the natural sciences and in philosophy. Thus it seems to me when it comes to politics it is a good idea to read the English authors of the 1600's and 1700's. In fact there is no understanding of the USA Constitution without knowledge of the Glorious Revolution in England and John Locke and Defoe.