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Political Theory Reviewer - ROC Second Treaties
Political Theory Reviewer - ROC Second Treaties
> “Rights” = Original meaning: power or > RIGHTS ARE BASED ON:
privilege; Modern sense: entitlement to act or a. Who Should Possess Them?
be treated in a particular way. ● Every “Human Being”. Even
the children, adults, and
> “All men are created equal. They embryos. Whatever gender,
are endowed with inherent and culture and value they are in or
inalienable rights.” - Thomas Jefferson. what type of social status they
● Only a republic is compatible with the have.
inalienable rights of men. ● But now, even the
non-humans: the rights of
> Rights: A claim right which entails animals and other species even
responsibilities, duties, or obligations on the environment possesses it.
other parties regarding a right-holder.
● Is a sort of an imposition of an A. Legal and Moral Rights
obligation on another person to
respect the right of a claimant. > Legal rights - rights which are enshrined in
law and are therefore enforceable through the
> Liberty: Does not entail obligations on other courts.
parties, but rather entails only freedom or ● Described as ‘positive’ rights in that
permission for a right-holder. they are enjoyed or upheld regardless
● Exercised at free will by the holder of of their moral content.
such rights, without any sort of
obligation on another person in the > Moral rights - ‘ideal’ rights, which bestow
exercise of his or her right. upon a person a benefit that they need or
deserve.
> WHAT IS A DOCTRINE OF RIGHTS? ● It reflects what a person should have,
from the perspective of a particular
● Kant’s Doctrine of Rights is the moral or religious system.
assumption that everyone has a right
to external freedom. > FUNDAMENTAL LEGAL CONCEPTIONS
● Privileges or liberty-rights
● As it denotes the transition from ● Claim-rights
private to public law, summarizes ● Legal powers
characteristics of the juridical state, ● Immunities
and outlines the basic system of
rights, the three leges: > Moral Rights: Jeremy Bentham
● Rejects the idea of moral rights
1. Lex iusti - the law which believing them to be nothing more than
defines what is legally relevant. a mistaken way of describing legal
2. Lex iuridica - the legally rights that ought to exist since it may
relevant facts, circumstances become impossibly vague and
and actions to which the lex iusti degenerate into little more than an
can be applied. expression of what is morally desirable.
B. Human Rights 3. Economic – the right to participate in
> John Locke identified as natural rights the an economy that benefits all; and to
right to ‘life, liberty and property. desirable work.
> Thomas Jefferson defined them as the right 4. Social – the right to education, health
to ‘life, liberty, and the pursuit of happiness’ care, food, clothing, shelter and
social security.
> Described as ‘natural’ in that they were
thought to be God-given and therefore to be 5. Cultural – the right to freedom of
part of the very core of human nature. religion, and to speak the language,
● Natural rights did not exist simply as and to practice the culture of one’s
moral claims but were, rather, choice
considered to reflect the most
fundamental inner human drives. C. Animal and Other Rights
> Thomas Jefferson defined > What does it mean for an animal to have
“Jeffersonianism” rights?
● To blend a belief in rule by a natural ● The philosophy of animal rights holds
aristocracy with a commitment to that non-human species deserve the
limited government and same rights and respect from humans
laissez-faire * Economic transactions free from that are guaranteed to the human
government intervention.
species broadly under the rule of law.
● Reflecting the belief that, ‘That ● Animal rights activists oppose the
government is best which governs ownership of animals and the
least.’ subjugation of them as food,
clothing, entertainment, and research
● Promotes social reform, favoring the subjects.
extension of public education, the
abolition of slavery, and greater > Utilitarian Approach to Animal Rights
economic equality . ● Animal cruelty = main driver behind
effort to treat all species as equals.
> CHARACTERISTICS OF HUMAN RIGHTS
● Universal > Animal Welfare Act of 1966
● Internationally guaranteed ● It is the only Federal law in the United
● Legally protected States that regulates the treatment of
● Protects individuals and groups animals in research, exhibition,
● Cannot be taken away transport, and by dealers.
● Equal and indivisible
● Obliges States and State actors ● The act fails to address the care and
treatment of farm animals used for
> 5 CATEGORIES OF HUMAN RIGHTS food or small animals used for testing
1. Civil – the right to be treated as an such as rats and mice.
equal to anyone else in society.
a. Ecologism
2. Political – the right to vote, to freedom
of speech and to obtain information. > The term ecology was coined by Ernst
Haeckel in 1866 to refer to ‘the investigations
of the total relations of the animal both to its of ‘back to nature’ mysticism and
organic and its inorganic environment’. ideas such as Earth worship.
1. CHARLES TAYLOR
2. WILL KYMLICKA > John Locke had written first and second
treatises. He combined both then published
● Kymlicka has sought ways of them together as Two Treatises of
reconciling liberalism with the ideas Government in 1689.
of community and cultural
membership. > It is both an attack on absolute monarchy
that was written in the context of debates over
● He has advanced the idea of constitutional limits on the prerogative
multicultural citizenship, based upon powers of the King of England.
the belief that cultures are valuable and
distinct and provide a context in which > This period of history is known as the
individuals are provided with meaning, Glorious Revolution.
orientation, identity and belonging.
> The First Treatise attacks patriarchalism in
3. BIKHU PAREKH the form of sentence-by-sentence refutation of
Robert Filmer's Patriarcha
● Parekh has advanced a defense of a
pluralistic perspective on cultural
diversity and highlighted the
> While the Second Treatise outlines Locke's
ideas for a more civilized society based on III. OF THE STATE OF WAR
natural rights and contract theory.
➢ Locke defines the state of war as a state of
> It talks about: “enmity and destruction.”
1.) Free and equal individuals
2.) Natural rights of life, liberty, and property ➢ Anyone who attempts to assert absolute
3.) State of nature ≠ state of war power on another automatically enters into a
4.) Forming a political society state of war.
5.) Establishing a government
6.) Right of rebellion against unjust authority IV. OF SLAVERY
C. THE CHAPTERS OF THE SECOND ➢ Everyone has a natural liberty, Locke says,
TREATISES OF GOVERNMENT to not be held under the will of another, but the
liberty of one in society is
I. AN ESSAY CONCERNING THE TRUE not the same as the liberty of one in nature.
ORIGINAL, EXTENT AND END OF
CIVIL GOVERNMENT ➢ In Locke’s view, “freedom of nature, is to be
under no other restraint but the law of nature”
➢ Locke defines political power as the right
to make laws for the protection and
regulation of property. In his view, these laws
only work because the people accept V. OF PROPERTY
them and because they are for the public good.
➢ The chapter begins with the declaration that
God gave the Earth as a common property
for mankind to use and that Locke endeavors
to explain how individual property then came to
II. OF THE STATE OF NATURE be.
XII. OF THE LEGISLATIVE, EXECUTIVE, ➢ The legislature is always the supreme power
AND FEDERATIVE OF THE of the commonwealth, but as the people created
COMMONWEALTH it to make laws for the common good, the
people may alter it when it does not act
A. Legislative of the Commonwealth according to that end.
● Have the right to direct how the force ➢ The community itself is thus the supreme
of the commonwealth shall be power, although only when the government
employed for preserving the community needs to be dissolved, not when it is still under
and its individual members. But it is not it. Within the government itself, the
always in existence. legislative power reigns supreme.
A. The Subordination of the Three
Powers: Legislative, Executive, and XV. OF PATERNAL,POLITICAL, AND
Federative DESPOTICAL POWER, CONSIDERED
TOGETHER
➢ The executive power is definitely
subordinate to the legislative power as well ➢ Paternal Power
as accountable to it, and can be changed at the ● Locke emphasized that parents have a
legislature’s will. responsibility to nurture and educate their
children, but this authority should be
➢ The person who has both is called "supreme exercised with restraint and in the best interests
executioner of the law" instead of of the child's development.
"supreme legislator."
● The paternal is a natural government, but
➢ The federative power is likewise not at all extending itself to the ends and
subordinate to the legislative. jurisdictions of that which is political. The
power of the father does not reach at all to the
property of the child, which is only in his own
disposing.
XIV. OF PREROGATIVE
➢ Political Power
A. The Prerogative Power ● According to Locke, political power is
derived from the consent of the governed. He
● Which refers to the discretionary asserts that individuals, in a state of nature,
power that rulers have to act for the possess natural rights, including the rights
public good beyond the law when to life, liberty, and property. In this state of
necessary. nature, individuals are free and equal, but
- Locke argues that rulers there may be conflicts over property and
possess this prerogative power security.
to ensure the preservation of
society and the protection of its ● Political power is that power, which every man
citizens' rights. having in the state of nature, has given up
into the hands of the society: and therein to
the governors, whom the society hath set over
itself, with this express or tacit trust, that it shall
B. Limitations on Prerogative Power be employed for their good and the preservation
of their property.
➢ Consent of the Governed to Govern
➢ Despotical Power
➢ Purpose of Preservation - The Prerogative ● Locke argues that despotical power is
power should preserve Life, tyrannical and oppressive because it lacks
Liberty and Property constraints and accountability. In a
despotic regime, the ruler exercises unchecked
➢ Rule of Law - The Prerogative power should authority over the lives and liberties of the
always respect the fundamental people, without regard for
principles of justice and legality their natural rights or their consent. Despotic
rulers often suppress dissent, violate property
➢ Accountability to Public - Prerogative power rights, and impose their will
should not be exercised in through coercion and fear.
secret or without public scrutiny.
● Despotical power is an absolute, arbitrary XIX. OF THE DISSOLUTION OF THE
power one man has over another, to take away GOVERNMENT
his life, whenever he pleases.
➢ After the dissolution of an unjust government,
Locke suggests that individuals have the right
XVI. OF CONQUEST to establish a new government that is
founded on the consent of the governed and
➢ Conquest the subjugation and assumption dedicated to the protection of natural rights.
of control of a
place or people by use of military force. ➢ This new government is established to
- He argues that conquest alone does not serve the interests of the people and is
create legitimate political authority. accountable to them.
➢ Limits of Conquest - Conquest is as far from ● The conditions that may lead to the
setting up any government, as demolishing a Dissolution of Government:
house is from building a new one in the place. - Violation of Natural Rights
Indeed, it often makes way for a new frame of a - Tyrannical Rule
commonwealth, by destroying the former; but, - Breach of the Social Contract
without the consent of the people, can never - No consent from the governed
erect a new one. - Failure to protect the natural rights of
individuals, including life, liberty, and
XVII. OF USURPATION property