The government must perform three basic functions: the police, to protect individuals from domestic criminals; the military, to protect individuals from foreign threats; and a court system, to enable individuals to settle disputes without resorting to force. It also needs objective laws, these laws confine government to its one legitimate function: protecting individual rights. In a free society, there should be no discrimination between races cultures, religions, genders, or wealth. Discrimination is actions or policies based on prejudiced feelings and judgmental viewpoints of others. Individuals in a free society should live in a community together without the need for discrimination of personal differences.
Hobbes view man as being generally evil, unlike Locke who viewed man being good. But they both agree that under the natural law men are all equal, no one has more power than another. However their idea about natural law is different. Thomas Hobbes says in the state of nature is a state of war which everyone is the enemy of everyone. Locke viewed the state of nature as a state of equality and freedom.
Because human beings have the faculty of choice (a free will), they will not necessarily obey the law; if they act in accordance with reason, however, they will be “following nature.” A widespread concept of political and legal thought, denoting the aggregate or collection of principles, rules, laws, and values dictated by human nature and therefore seemingly independent of concrete social conditions and the state. Natural law has always appeared as a value category relative to the legal order in force in a given political society and to the system of social relations consolidated by such a legal order. In views serving as apologetics this system and the
However, it is clear that egoism is compatible and can overlap with moral actions. The first reason why egoism is compatible and can overlap with moral actions is that agreements can be made in order to mutually benefit all people. This is called a social contract and can be explained as a set of rules that limit any threat that others may pose which are set by egoists. John Locke brought an idea of “the state of nature” in the “Two treatises of government”, which suggests that “no one ought to harm another in his life, health, liberty, or possession”. Locke believes that humans have natural rights to life, liberty and property but as a society, we live in, can be corrupted, these rights can be broken apart.
Abuses by the sovereign power are acceptable as long as it maintains peace within the society. According to Thomas Hobbes, the sovereign power has control over judicial, military and civil matters. Because the subjects of the civil society gave up their freedom of decision in order for the sovereign power to act for them, the individuals cannot break the contract between them and the sovereign, based on the actions that he undertakes in order to maintain peace within the society, but if the sovereign does not act with this principle as its goal, the subjects are allowed to break the social contract and seek the guidance of another sovereign power. The sovereign power is above the common law, as it is him that creates it and can simply change it at his will. He cannot be arrested or put to death by the people.
It is transcendence from mere objective or subjective freedom. It is the sublation of both of them, to preserve them together. As such, any step towards sublation of particular and universal to create individuality is a step towards ethical life. In a broad dialectic of the emergence of state, the particularity is that of family, ‘ethical mind in its natural or immediate phase.’ The opposite universal is formed by the civil society, where unlike in a family, individuals have no conscious sense of unity or membership but are motivated purely by self-interest. To reconcile, ‘The state is the actuality of the ethical Idea,’ and the state secures the freedom of particularity of individual pursuits along with a sense of the importance of the whole or universal
I will be discussing the distinction between natural law, and the law of society, and in this case maritime law. In order to clearly observe the theme of justice I believe the reader should be perceiving the story through Captain Veres eyes; the character that must analyze the laws of both nature and man. What is Natural Law? “Natural law is preexisting and is not created in courts by judges. Philosophers and theologians throughout history have differed in their interpretations of natural law, but in theory, natural law should be the same throughout time and across the world because it is based on human nature, not on culture or customs.” (Investopdia) An innate sense of morality would be the basis of what truly defines natural law.
Philosophy 106- Final Submitted by: Baljit Singh Prof. Morgan Horowitz In terms of government Locke believed in a state of nature, where everyone has the same right and no one has more power over another. Also the government that is in charge has to be run with the consent of the people. Without it the people had a right to overthrow if the government did not insert the people into their agenda. This government was supposed to offer its citizens natural rights including those of life, liberty, and the right to own property. Locke was proclaiming that government had to be fair in order to be sustainable.
Explain Moral Relativism Moral Relativism argues the claim that there are no universally valid rules for all people at all times, thus implying there are no intrinsic rights and wrongs. This results in Morality being relative to the individual, to their culture and their age group. In contrary Moral Absolutism is the antonym to the theory that morality is relative. Kant for example was not a moral relativist; he held the belief that we had ‘categorical imperatives’ which were always right. He believed as Absolutists believe today , we should be able to apply moral rules to everyone without making allowances for different people or circumstance , thus suggesting laws should be ‘universalisable’ .
Orwell said humans will perpetually be at war because of a strong, centralised authority as in 'big brother is watching you'. In Hobbes' time the rulers claimed their authority to rule by virtue of divine right. God made them King and anyone who questioned the authority of the King was challenging God. Hobbes considers the nature of liberty under sovereign power and says that liberty means the ability to act according to one's will without being physically hindered from performing that act. Only chains or imprisonment can prevent one from acting, so all subjects have absolute liberty under sovereignty.