Importance of the Concept of Private Property in the Political Philosophy of John Locke - Essay Example

Law and Society Law and Society Importance of the Concept of Private Property in the Political Philosophy of John Locke John Locke (1632-1704) is a British philosopher that contributed greatly on the thoughts on government, economics and politics. For Locke, accumulation of wealth and property is restricted by: a) appropriation to oneself only as much before it spoils, b) leaving enough for others to use or the sufficiency restriction and c) accumulation is based upon one’s labor (Locke’s Political Philosophy 2005). Property is created through the use of labor and a natural right of man. Excess in property is a waste and offends nature, therefore the unused property can be exchanged for other goods. The government is obligated to protect private property in order to maintain public good (Locke Social Order 2001). In the same token, nature grants to all men the right to enforce natural law and punish those who violate it (Locke Social Order 2001). Locke posits that the government’s power to govern is limited to the necessity of protecting the rights on property (Simonds 1997). The existence of the state and the government is interconnected with the existence of property (Moseley 2006). Man owns his own self and body (Moseley 2006). He extends ownership to natural things when he joins his labour” with them (Moseley 2006). His concept justifies the accumulation of wealth based on utility and morality (Moseley 2006). Utility refers to the application on one’s labor and efforts for the improvement of natural things. The morality aspect expounds of the accumulation of wealth as long as others (who have the same right as anyone else to utilise nature) are not deprived to improve on other natural things. His concept of property reflects the classical theory and Roman law (Simonds 1997). God gave all men equal access to the bounty of the earth. Man can convert natural things into his private property according to what he needs to survive or within a limit, to enjoy (Simonds 1997). Being equal, all men have the same right over earth and everything on it. Ownership and the amount of property that an individual owns, however, depend upon the labor exerted. Locke explained that the body and actions of a person belong to him/her (Locke Social Order 2001). Thus, any improvement upon the natural world using the body and actions of a person belongs to him/her (Locke Social Order 2001). The application of labor upon nature and natural objects is a mode of appropriation that extends the personal property of a person (Locke Social Order 2001). With the use of actions upon nature, the resulting products then belong to the person that exerted labor (Locke Social Order 2001). Cultivation of land and investing of time and labor extended a person’s control over the earth’s surface giving him/her an interest on the said portion of land and the products resulting from such labour (Locke Social Order 2001). The personal appropriation can continue as long as there will be areas left for others to cultivate (Locke Social Order 2001). A person can continue to appropriate within a reasonable limit in furtherance of “life, health, liberty, and possessions” (Locke Social Order 2001, para. 7). Through labor, an individual produces more than one can use and utilise (Locke Social Order 2001). Exchanging the surplus for something else lays the foundation of the economy (Locke Social Order 2001). Exchange is made possible using a medium or monetary system with ascribed value which is agreed upon in order to maintain order in society (Locke Social Order 2001). The application of labour then removes the product from the common ownership (Moseley 2006). Water in the pitcher drawn from a river or a wild game hunted down becomes man’s property but belongs commonly to all before such application of labour (Moseley 2006). The consideration on Christian morality is seen in the enjoyment and use of nature before it spoils (Moseley A 2006). The cultivation by man of a land vests upon him a title. Continued cultivation increases productivity that can be sold as a surplus (Moseley 2006). The mode of exchange which is money does not rot or spoil enabling him to increase his wealth (Moseley 2006). His concept of private property that supports accumulation of wealth is limited by Christian values (Moseley 2006). Protecting or defending the natural rights is religious action and in accordance to God’s will (Braman 1996). The right to private property is an adjunct of natural law (Braman 1996). God also gave man the reasoning and strength to labour to make use of the world to his advantage and enjoyment (Braman 1996). God gave man a property, his own body (Braman 1996). Other men are excluded from the use of the property where another has mixed his labour with it (Braman 1996). The property then belongs to a person who used labour to “bring such property into being” (Braman 1996, para. 12). The legal possession of property is a prerequisite to liberty (Braman 1996). Ownership of property is limited to what one can use since God does not allow any waste or spoilage of property (Braman 1996). A state of war exists when someone violates the law of nature by taking or attempting to take another person under his total control and power (Braman 1996). The state of nature is one where freedom is possessed by a person (Braman 1996). The state of war is a threat to the freedom of those in the state of nature (those enjoying the freedom) (Braman 1996). The right to self-defense is a right to punish those who do not subscribe to the law of nature (Braman 1996). The transgressor of the law of nature openly asserts control over another person who is of equal status as him (Braman 1996). The transgressor deprives freedom of another which is part of the property of the latter. Thus, the offender must be restrained who is bound to deprive another of property and freedom. In sum, Locke presented a theory that the system starts with ownership and property, wherein the body of man is the starting point. Private property extends to natural things wherein man applies his labour. The existence of government is limited to the protection of private property in accordance to natural law and in order to maintain the natural order of things. The government is given the right to punish, in representation of the right of men to equality and freedom, those who declare a state of war. A state of war refers to control or dominion of one person over another. The existing governmental and political systems then are founded on the protection of private property. Law is established to create personal freedom while the government, to foster freedom rather than restrain it (Braman 1996). His contribution of political philosophy on private property is grounded on divine law, law of morality and natural law. Importance of the Concept of Ideology as a Means of Understanding Law Early developments in law are based on philosophies and ideologies written by learned philosophers and great thinkers of the past. They were also based on the divine law (the 10 commandments), and customs and traditions of the people. It is important to note that the branches of civil and criminal law developed based on recognised theories and doctrines. Ideologies are also referred to as schools of thought. An ideology is developed from a social reality and conditions (Law and Ideology 2001). Ideology is an embodiment of ideas and beliefs that “determines a perspective with which to interpret social and political realities” (“Ideology” 2008, para. 1). The word’s first use is attributed to the late 19th century French materialist Count Antoine Destutt de Tracy who applied it to describe the “science of ideas” (“Ideology” 2008, para. 1). Its modern origin is pointed to Karl Marx. Marx defined it as “‘false consciousness’ of a ruling class in a society who falsely presents their ideas as if they were universal truth” (“Ideology” 2008, para. 1). The ideas embodied in the ideology cannot be said to be universal or objective but subsist to serve the interest of the ruling class (“Ideology” 2008). Marx also refers to it as the expression of the consciousness of man pertaining to the economic aspect of social life and which conditions society (Suretsky 1981). Lye (1997) said that “(a)ny ideology will contain contradictions, will repress aspects of experience, will ‘disappear’ that which tends to contradict it or expose its repressions” (para. 7). Current usage of the term indicates political implication with intent to promote social change, interest and specific goals (“Ideology” 2008). Even the neutral use of the term has political underpinnings (“Ideology” 2008). Thus, every political movement or activity has ideological underpinnings behind it (“Ideology” 2008). Political parties follow an ideology to base their programs and action (“Ideology” 2008). An ideology also proposes the ideal form of government (“Ideology” 2008). An ideology is an embodiment of the aspirations of the people. It comprised of ideas that would govern a system, and at present, would refer to the political system of the government and the country (Law and Ideology 2001). Thus, the communist system of government also subscribe to the communist ideology. There are variations in the communist ideologies though which differences hinge on the difference in ideas of the proponent of the school of thought. A country then adopts a particular ideology that would suit their country and would be most appropriate in governing the people. Adoption of a particular ideology is actually a design of the ruling or winning class. The prevailing ideology brings together the social forces and elements under the authority of the ruling class (Patterson 1999). The dominant ideology is the “prevailing influence ... and thus appears natural, normal, and right” (Patterson 1999, p. 361). With the ideology which the government adopts as its political, economic and governing system, the law and legal system of the country follow the tenets of the ideology. Ideology can shape the laws of a particular country (Law and Ideology 2001). An ideology has a functional relation to the economic, political and legal systems and affects their development and formation (Law and Ideology 2001). Issues and conflicts between parties on the allocation and distribution of property decided by the courts would be based on the ideas espoused by the ideology on what is property and ownership. At present though, international conventions and treaties have a bearing on how the legal system of a country should decide on cases with international bearing. Law and Zaring (2009) found from their study in the US that ideological principles exist in the development of legislative history. Ideological variables can be found in the legislative history (Law & Zaring 2009). Judges and justices, on the other hand, use legislative history in their decisions and arguments (Law & Zaring 2009). One justice who uses legislative history for an argument receives a response from another justice who utilise legislative history as counter-argument (Law & Zaring 2009). The guiding ideology of a particular nation influences the laws being passed by the legislative. The judiciary branch of the government interprets the laws based on the legal ideological constructs of the legislature and argue based on such ideology. Ideology also embodies the values, ideas and sentiments of the people. It determines how the people will behave in a particular jurisdiction. Penal punishments on crimes committed are dictated by the ideological tenets followed by the nation. It also determines the social structure in society and the relationship of the people to the government and the authority. It shapes the means of production, the ownership of property and the economic system in general. Lawmakers on the other hand, pass laws based on what the people needs and cherish for the maintenance of law and order in order. Ideology in the embodiment of the collective consciousness of the people and law is one of the expressions of that collective consciousness. According to Patterson (1999), law as an ideological construct has two theses: a) it is created “within an ideological field in which norms and values associated with social relations are continuously asserted, debated and generally struggled over,” and b) it bears the message of the ideology and which legitimises the law, thereby legitimises and reinforces the ideology it represent (p. 361). In closed system of government, the ruling elite dictates the ideology of the country and what the people should follow. However, in open democratic states, there is a free market of ideas where different ideas and ideologies compete for supremacy in addition to the established ideology adopted by the government. Thus, academicians and scholars can freely express their own version of an ideology. This provides an enrichment of the schools of thoughts and ideas that mold society into a better future. In this latter system, the judges or justices can utilise any ideological perspective to support their decisions. And whichever argument and perspective are plausible and rationale that would promote the rights of the parties would be upheld by the higher courts. Of course, these arguments are not haphazardly proposed. There are legal principles followed in the courts on the passage of decisions such as legal precedents or legal construction of legislative transcripts. The law grants the rights, the duties and obligations of parties, the remedies for transgression of one’s rights and penal sanctions in criminal offences. The law gives a concrete face to the values and abstract ideas the society wants. The ideas and values cherished by society are integral to the ideological tenets of the people. References Braman C 1996. The political philosophy of John Locke and its influence on the founding fathers and the political documents they created. . “Ideology.” 2008 April 3. 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[Accessed 22 December 2009]. Patterson D 1999. A companion to philosophy of law and legal theory. Google books. Available from: . [Accessed 21 December 2009]. Simonds RT 1997 March. John Lockes use of classical legal theory. Journal International Journal of the Classical Tradition, vol. 3, no. 4. DOI: 10.1007/s12138-997-0009-3. Suretsky H 1981. The concept of ideology and its applicability to law and literature studies. ALSA Forum, vol. 4, no. 3. Legal Studies Forum. Tarlton Law Library. Available from: . [Accessed 24 December 2009]. Read More