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Tuesday, January 22, 2019

John Locke”S Social Contract Theory Essay

This paper analyzes the social centre theory of can Locke and how his values atomic number 18 consistent with the criminal legal expert system and private security get dressedtings of forthwith. It will further discuss whether or not Lockes values and principles apply to both criminal referee and private security venues. I will excessively summarize the major(ip) differences of the social amaze theories identify the key principles associated with Lockes social subdue bridge theory identify how these principles are inculcated in the U. S.Bill of Rights identify how these principles bet out in the criminal jurist system and security settings of immediately and finally describe license in social intercourseship to personal matures and estimable standards and obligations. To begin with, Lockes theory is one in which he entangle that adult male should slang individual freedom and right hands, which for all intense purposes equates to what majority rule is in modern t imes. He cogitated in the concept of individual freedoms and government, in addition known as liberalism. He had a great respect for humankinds moral judgment and conceit that men were all benignant chaps.Lockes ideals were that of a capitalist mentality, and executiond perfect freedom in sexual relation to fulfilling financial interests. He believed in an orderly parliamentary procedure in which we should croak the state of affairs in every mans detention within that orderly society. And last exactly certainly not least, he believed in separation of powers and in the system of checks and sleeps. How is liberalism in the criminal justice system today? We are very fortunate to live in a time where we can exercise our own individual thoughts.As I Iook at the criminal justice system of today, I believe that our right to have freedom of destination goes a long manner in aid to make decisions based on who we should follow and what we sense is right and wrong. In order to s ee the major differences of the social contract theories, we must take a look at the major theories as a whole. Well to begin with, Hobbes believed in the absolute power of kings. He also believed in the state of nature which said that all individuals were naturally equal. He thought that they should do whatever they needed to do to survive.As a result, everyone suffered from continued fear and danger of violent death and the tone of man was solidary poor nasty poor brutish, and short. He believed that the government was a leviathan that would swallow up the slew. His government was headed by the king and that king was give way than a group. He warned against the church meddling in the kings affairs and mat that the king was more powerful than God. He matt-up that the people should obey the king or choose to die. The other schools of thought came from what are called the enlightenment group which is comprised of Locke, Rousseau, and Montesquieu.They wanted to improve human co nditions on earth. They commonplacely valued natural rights as well as reason, sacred tolerance, and science. Well begin with Locke. Locke hold with Hobbs about the state of brutality and the natural law, but disagreed with other points. First, he entangle that man by nature was a social animal. He believed that the natural right of an individual could neer be taken away or horizontal voluntarily given away. In the state of nature, men by and large kept their promises and honored their obligations, and though insecure, they were mostly peaceful, good, and pleasant.According to Locke, the natural rights of individuals limited the power of the king thus he did not have absolute power as Hobbes said, but acted but to enforce and cherish the natural rights of the people. Although Locke spoke out for freedom of thought, speech and religion, he believed property to be the most important natural right. Rousseau felt that man was essentially good a noble savage in the state of natur e. This goes back to when there were mainly animals roaming around and the condition of man was uncivilized. Once societal standards came along, he felt that man became unhappy because society was artificial and corrupt.He felt that furthering society would be the cause of more unhappiness. He believed that the advancement of the arts and sciences did not benefit mankind. On the other hand, progress of knowledge made government more powerful and down(p) individual liberty. He felt that the material progress had actually undermined the conjecture of sincere friendship, replacing it with jealousy, fear and suspicion. He felt that we could secure freedom regardless of the will of the majority. In some respects he agreed with Locke, but he also felt that the community should be in charge.He was an idealistic thinker who derived the We the People in the constitution. He felt that religion divided and weakened the state. Montesquieu believed that all things were made up of rules and law s that never changed. He believed that there were three types of government monarchy, control by a king, a republic, ruled by an elected leader and a despotism, ruled by a dictator. Of these, he believed that a government elected by the people was the best form of government. on this line, he believed that the success of a democracy (a government in which the people have the power) depended upon maintaining the right balance of power.He further believed that all people were not equal and he approved of slavery. He felt that women were the weaker sex and should obey their husbands but also felt that women had the ability to function in government feeling that they had a calm gentleness that were helpful qualities in the decision making processes in government. Thomas Hobbes (1651), John Locke (1689), and Jean-Jacques Rousseau (1762) are the most famous social contract thinkers. Each drew quite different conclusions about the nature of governmental authority.Hobbes advocated absolu te monarchy, Locke advocated natural rights, and Rousseau advocated collective sovereignty in the name of the general will. The Lockean concept of the social contract was invoked in the United States resoluteness of Independence, which clearly states, We hold these truths to be self-evident, that all men are created equal, that they are gift by their Creator with certain inalienable Rights, that among these are Life, Liberty and the by-line of Happiness, That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the Governed.,. The key principles associated with Lockes theory are that in their natural state humans are drawn to doing good over evil that they naturally know right from wrong, and that naturally humans prefer peace over chaos. His views are correctly stated as (1) that all men are created equal (2) that our rights are given divinely by our creator (3) that government exists to secure and protect those rights, and (4) government exists by the consent of the governed, namely you and I.These principles play out with relation to the criminal justice system and private security setting of today by attempting to maintain peace and justice over chaos, and by helping society to live in its natural state. It is also within our land to be fair and just with our response to crimes. One such condition is that we should be swift, balanced and just in our reaction to crimes and criminal behavior.Along these lines, it is essentially important that, for example, we decide on an appropriate punishment for the exercise of a capital punishment such as murder and rape. Locke set forth the view that the state exists to preserve the natural rights of its citizens. When governments fail in that task, citizens have the right and sometimes the duty to withdraw their support and even to rebel. Lockes social contract theory inculcated in The U. S.Bill of Rights by his argument that governments, by virtue of the social contract, are responsible for defend the natural rights (life, liberty, and ownership of property) of citizens and he was in favor of participation of the people in government affairs, and their input is clearly embedded in the Declaration of Independence of 1776. We know that the Bill of Rights stipulated freedom of speech and prohibited criminal and unusual punishment. And finally freedom in relationship to personal rights and respectable standards and obligations has to do with our long list of personal freedoms and the ability to carry them out.We have the right to speak, to go where and when we want we can go to work go to church, we have the right to worship a God of our choosing and we have the right to pursue happiness as stated in the U. S. Constitution. References Wikipedia Thomas Hobbs Wikipedia John Locke Wikipedia Charles Montesquieu Wikipedia Jean-Jacques Rousseau www. billofrightsinstitute. org www. lampstandfoundation,org/criminaljusticeprinciples www. rjge ib. com/thoughts/montesqui.

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