How is property acquired?
The labor theory of property also regarded as the labor theory of ownership or the principle of the first appropriation is a conventional theory of the natural law or surrounding that primarily holds the natural surroundings. In this context, the theory property is derived from the conviction of the hard labor that an individual can acquire through the proper utilization of the natural resources to obtain the property lawfully.
In this case, the determination employed by an individual is the key determinant of the amount or the size of the property that one is likely to get. Furthermore, the proper utilization of the natural surrounding is another significant determinant that poses the challenge to the extent of property acquisition.
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As observed by Patel, (2016 ), the primary argument that John Locke profoundly argued about was the natural rights that facilitated and opened the avenue of property ownership and acquisition in the society by a marginal gap. In addition to the above statement, he also broke down the sophisticated concept by allowing the theory to be synthesized merely and understood by each eligible citizen that the resultant fruits of an individual’s labor are directly related and interlinked to the individual regardless of the circumstances he or she has been in. In this concept, Locke depicted that the property acquisition will be determined by the amount of effort that one profoundly employs determined to achieve a specific goal in the society or community.
In this concept, Locke believed that for the idea to properly work as outlined, the laborer should significantly hold natural property rights in the contested resource. Furthermore, the exclusive ownership of the property was paramount to enhance and facilitate any production of any aspect. However, this theory does not go unchallenged as others scholars Such as Ramcharan, (2015 ), profoundly criticizes it by pointing out that the natural rights do not significantly extend or support the claims of resources held or owned by other individuals, where one can make any significant complaints. More so, this is quite significant due to the failure of proper involvement or relationship. Additionally, it is quite arguable that fundamental relationship between the property owner and the original arguments does not extend, but it only pertains the property that was previously unowned before the actively participated and executed labor was conducted to acquire the property.
Why is it a natural right and not a political right?
As observed by, Ypi, (2014 ), the natural rights are profoundly differently related to the political rights of an individual. In as much as the political rights of any individual may be optional to exercises them, there is a different significance that is carried and portrayed that is commonly referred to as the natural right.
According to Donnelly, (2013 ), Legal and natural rights significantly comprises two different types of rights that offer fundamental privileges to an individual. As Locke crafts it out, natural rights are entirely independent and do not rely substantially on the favor of other laws such as any government or culture. In this aspect, they can be termed as wholly independent and insulated from the governmental acts by any chance. Furthermore, this can be termed as natural laws that profoundly cut across every individual in the universal. More so, they are inalienable by any means and ways of the human laws practiced in any different nation. Looking on the other side of the coin, legal rights have more repulsive measures and directions that govern an individual to cope with a particular system that dictates the fate of the individual. In other words, the individual is governed by these rights where there is a higher possibility of dictation of these rights to ensure that they favor or are equal to the people.
Among the first considerations of the natural rights are the fundamental rights that are considered as a fundamental conception of the natural rights theory.
The basic rights
Among the most contextualized and widely prioritized in Locke’s theories is the aspect of embracing the fundamental theory. More so, the law mandates that the priority is concentrated and bequeathed to the self-preservation such as the property, life, and liberty. On the contrary, Locke does not profoundly advocate for any self-egoistic preservation but simply reaches out to have a positive consideration of the others in our life. According to ( Locke, 2014 ) Locke draws an example of how vital is the human experience of a specific individual. Through this, the great emphasis is paid in harmonizing the preventive methods of killing other human beings.
Through this theory, Locke profoundly draws a significant difference between the liabilities and the human duties. He further describes liberty as the potential power to acquire something regardless of the prior commitment. In much simpler concept this can be defined as, the fundamental right to buy something, legally or rightfully, furthermore, he adds on that’ the acquired possession was not lavishly acquired from someone by any chance. This is quite achievable by asking the permission from the owner to legally sell the property with his or her full conscience of what is taking place and what are the possible outcomes to be focused on. Additionally, acquisition of a property is a duty that opens a channel of other responsibilities in the humanity. The legal ownership has been transferred to a new individual, who has to act in accordance to ensure that all the required standards of the property are fully met. Furthermore, this is quite possible due to the flexibility and restrictions offered by the property to favor liberty of others while it highly imposes duties upon them by any chance. Additionally, Locke further, went on by explicitly explaining the rights of the children are only granted to them only when they mature. The maturity opens their reasoning and mental status to distinguish and understand what laws apply. At this stage, children get to know not only their rights but also get to know the rights of others and what is expected of them.
How do property rights determine the form of government?
Property rights vary from different aspects and the size of the acquired property, the concept highly contextualizes on the required and necessary steps to determine the government ( Simmons, 2014 ). With this right, there has been a significant change in regards to the equity of granting these rights. The law has stipulated for the unity and equal opportunities for both sides.
The American’s federal form of government is tailored and based on a couple of set of different ideas. In on others words, the ideas are the sole priority in establishing any government by even dictating the kind of government it will be like, and what will be the primary purpose of the government. Through the use of this idea, most of the government are fostered on this basis to determine different activities that ill favor all the citizens regardless of their social classes. Through this, Locke’s theory is quite acceptable in determining the form of government that a country should focus on by far.
What are the problems associated with this emphasis on the property?
Although Locke’s theories of the property owners have by fare opened the understanding and the motive behind the property ownership, the concepts have had numerous challenges and problems on their expressions. In his argument, he believed that there should be enough resource and left over for the others to also benefit from them. ( Dickenson, 2017 ), argues that the initial understanding was to ensure that the others’ situation does not get out of hand but instead there are a quick solution and knowledge of various concepts and claims.
How does his conception of property show him to be an apologist for capitalism?
From a technical point of view, it is quite visible to point out Locke’s remarkable themes that significantly emanates from all possible angels of his political theory. In addition to this, He vividly describes that importance of preserving the public good was through the prioritizing the functionality of the central government is to ensure that all the property is well secured especially the private property. In his remarks, Locke drew significant remarks considering how humanity began, based on a hypothetical state of nature that limited the mental acquisition of any property. Through this, he concluded the individuals being perfectly equal in all the aspects of the other. With this concept, Locke opened a new chapter of liberty to show all the individuals are profoundly equal with minimal interference or not from one another. He further expounded on the concept of insulating and prevented this nature, that he described it as a natural state. The natural state was insulated as well as being a violent Hobbesian. As observed by Locke is that every individual plays a significant contribution to the so that every right of humanity is well featured and taken care.
Conclusion
In the bottom line, Locke’s principles and understanding of the human nature and the essential concepts applications can be used to shape the unity and nature of the nation by observing and following the laid down regulation.
References
Patel, C. (2016). People: Management, law and politics (Vol. 8). Danny H Jorgensen.
Dickenson, D. (2017). Property in the Body (Vol. 39). Cambridge University Press.
Locke, J. (2014). Second Treatise of Government: An Essay Concerning the True Original, Extent, and End of Civil Government . John Wiley & Sons.
Donnelly, J. (2013). Universal human rights in theory and practice . Cornell University Press.
Ypi, L. (2014). A permissive theory of territorial rights. European journal of philosophy , 22 (2),
288-312.
Simmons, A. J. (2014). On the edge of anarchy: Locke, consent, and the limits of society . Princeton University Press.
Ramcharan, B. G. (2015). Contemporary Human Rights Ideas: Rethinking theory and practice . Routledge.
