John Lockes View of Ownership in Context with the Mabo v Queensland - Term Paper Example

Name: University: Course: Tutor: Date: A Critical Evaluation of the Validity Locke's Postulations Pertaining to Property ownership and an Assessment of the Applicability of His Arguments in Modern Property ownership Locke in the fifth chapter of his Second Treatise, highlights a number of key issues pertaining to an individual's right to property ownership.... While Locke presents a number of viable suggestions in regards to property ownership it is nevertheless to conduct a critical evaluation of the validity Locke's postulations pertaining to property ownership and an assessment of the applicability of his arguments in modern property ownership....

This report "John Locke's view of ownership in context with the mabo versus Queensland" discusses the issue of 'native right' in the light of Locke's perception that Locke never favored commonwealth judgments.... the mabo v queensland case belongs to the second category.... he decision taken by the 6-1 judges in the mabo v queensland's case negates what Locke refers to the basic rule of property that every man in a society should have as much as he could make use of....

In Europe, however, the idea of ownership was much more developed, with various plots of land belonging to particular individuals who would then permit others to live on it and cultivate it for the benefit of the lord or state.... To understanding the basis of the concept of ownership, it is helpful to have an idea of what some of the philosophies are behind it.... Several thinkers have given us well-considered treatises on the subject, including Augustine, Thomas Aquinas and John Locke, all of whom will be considered in attempting to determine the true nature of ownership....

the mabo (No 2) decision provided various opportunities to the government to ensure land justice (Keon-Cohen, 2000: 893).... the mabo decision served to rescind the principle of terra nullius.... The decision in mabo (No 1) in conjunction with international commitments to racial equality and the just terms protection under the Australian Constitution, and the national bill for compulsory acquisition of native title, engendered new property rights....

ohn Lockes theories, and in particular his theory of property rights, must be appreciated in the context of the thinker's political affiliations.... onclusionWhile it is quite apparent that John Locke was an immensely influential political philosopher of his era and ours, it is equally obvious that his ideas had its limitations, especially in the context of modern society today and its needs.... The major flaw in Locke's approach to labor is that in the real world, some people may inherit property, thus being born to ownership and property – the concept of the ‘fruits of labor' does not arise here....

Locke, however, stresses that a slave remains free to resist absolute and tyrannical ownership of his/her liberty and this can be expressed by the remaining liberty of taking his own life: “…tis in his power by resisting the will of his master to draw on himself the death he desires” (2831).... john Locke's “Two Treatises of Government” explores contentious eighteenth century views on human liberty, because his beliefs include contradictions on what constitutes and what justifies the ends or limitations of liberty....

hellip; The case of mabo v queensland should be considered as significant regarding the acceptance of the right of property by the indigenous population.... In accordance with a report published by the Australian government solicitor (2008) in the case mabo v queensland (1992) the Court 'rejected the traditional doctrine that Australia was terra nullius (land belonging to no-one) at the time of European settlement, with the implication that absolute ownership of land vested at that time in the Crown, but rather accepted that native title rights survived settlement, though subject to the sovereignty of the Crown'....

This is quite in contrast to Hobbes's view, who first proposed his philosophy on the laws of nature, which was based on prudence and rational thinking and believed that humans derive their moral behavior from society.... This essay "john Locke and His Philosophical Beliefs" discusses Locke and his masterpiece works, An Essay Concerning Human Understanding and The Two Treatises of Government....