This website uses cookies to ensure you have the best experience. Learn more

The Difference Between Rights And Laws

1813 words - 8 pages

John Locke

With John Locke we start to see an idea that the rights of man are limitless unless they are freely given up. Locke states, “Man being born, as has been proved, with a title to perfect freedom, and an uncontrolled enjoyment of all the rights and privileges of the law of nature…” (Locke - Second Treaties of Government - 46). According to Locke the rights of man are limited only by the laws of nature. This statement leads us to the realization that, in Locke’s beliefs, man has the allowance to do anything. We see that Locke believes that personal protection also follows as a right when he states, “…hath by nature a power, not only to preserve his property, that is, his life, liberty and estate, against the injuries and attempts of other men…” (Locke – 46). With this understanding a person has unlimited rights, even as they pertain to preserving his or her self or family.
This begs the question; how can a law be enacted if it goes against the natural rights of man? Locke’s answer can be found when he states,

But because no political society can be, nor subsist, without having in itself the power to preserve the property, and in order thereunto, punish the offences of all those of that society; there, and there only is political society, where every one of the members hath quitted this natural power, resigned it up into the hands of the community in all cases that exclude hi not from appealing for protection to the law established by it. (Locke - 46)

If a population is to exist then all of those that participate in the functioning of the society must be willing to give up some of their natural rights in order to follow the laws created to allow the society as a whole to greater protect the people, and the property of the people. Should a person decide that they do not want to give up their rights in order to gain protection from a society, then that person has the right to not participate in that society, and that person must also give up all protections from that society. A person that does not participate in a society must also understand that the society has the natural right to protect itself, and its property, and therefore must not endanger the society, or the people of a society, in anyway, or they must expect recourse.
Locke is very driven in the idea that natural law provides to limitation to rights except those limitations given by nature. Locke also believes that the only way a right can be impeded upon is by giving up those rights in exchange for being a part of a society. Therefore Locke believes that a law is limitation to the rights of man. This is opposite the view of Aristotle who believes that being in a society is the natural place for a man.

Aristotle

Similar to Locke and Hobbes Aristotle writes about state of nature. Aristotle believes that man is at his happiest in a state of nature,

What is appropriate by nature to each being is best and most pleasant for each, and so, for a human being, this...

Find Another Essay On The Difference Between Rights and Laws

The Difference Between Legalizing and Decimalizing Prostitution

1156 words - 5 pages “crack houses”. Prostitution is sometimes referred to as the longest standing profession, and what is very clear is that it isn’t going anywhere anytime soon. Brothels and prostitution was frequent and rampant in the past. If you look into ancient Roman society you will find a great deal of art depicting sexual acts between, men and women along with sexual acts between homosexuals. It is also important to know the difference between legalizing

The Difference Between Management and Leadership

1141 words - 5 pages demonstrate that although there are similarities between management and leadership, there two terms are distinctive by applying leadership concepts such as pleasing the masses, everyday leadership and understanding yourself. Peter’s definition implies that management follows leadership. Doing the right things means that a leader has to make realistic decisions using appropriate techniques. Doing things right means undertaking what has been set by

The Difference between Men and Women

1410 words - 6 pages brain,” The variations in the ways the brains are wired are said to happen sometime between puberty and adulthood. “Detailed connectome maps of the brain will not only help us better understand the differences between how men and women think, but it will also give us more insight into the roots of neurological disorders, which are often sex related,” Dr Gur said. The difference in the male and female brains abilities does not constitute

The Difference Between Management and Leadership

1244 words - 5 pages task but to define for them a purpose, to nurture skills, develop talent and inspire results” (Murray, n.d.). In the next paragraphs we will look at the difference between Management and Leadership through the lens of Peter Drucker’s distinction. Management is defined by Mary Parker as “the act of getting things done through other people”. Gardener defines a Manager as “an individual, who holds a directive post in an organisation, presiding over

The Difference Between Education and Schooling

1089 words - 4 pages our thoughts or experience, but when we do so, various explanations are developed, which indirectly leads to several never ending interpretation. Twain saying made it clear that there is a difference between the term schooling and education. Most of us tend to have the perception that the two words carry the same meaning. The misunderstanding of the difference between both the terms has lead to confusion in various aspects. The confusion has led

The Difference Between Guilt and Shame

908 words - 4 pages . Guilt happens when we feel bad about our actions, while shame is when we feel bad about ourselves. This essay will focus on the topic of guilt and the different types of guilt. Guilt is the fact of having committed a specified offence or crime; or a feeling of having committed wrong or failed in an obligation. (Oxford) There are different types of guilt we experience at difference situations in our life; “essential guilt”, “self-generated guilt” and

The Difference Between Men and Women

662 words - 3 pages The Difference Between Men and Women The fact that men and women are different is well known. Some of these differences are constant and some are not; some have changed in the past and some are about to change in the future. While some physical differences are obvious, some of them are controversial; in addition, psychological and cognitive differences are always divisive. Men are considered to be physically stronger than women. First

The Difference Between Leadership and Managment

2803 words - 11 pages common values and directions. Building credibility and trust are the foremost characteristics of leadership (Winston & Pattersom, 2006). Difference between Leadership and Management Leadership and management are considered as overlapping concepts because leadership is one of the dimensions of management. Many academic professionals, theorists and researchers are of the view that the difference between leadership and management is important and

The difference between sexual consent and consent

1843 words - 8 pages . It is imperative to understand the difference between the two forms of consent. Unlike consent to the above terms, which society and governing bodies do not require full comprehension to enter into, sexual desire can challenge one’s reasoning and can compel one to have such desires even when the behavior is risky or dangerous towards oneself or another, and potentially deals with physical, societal, and psychological harm (Soble 2013, 303). It

The Difference between Weather and Climate

3134 words - 13 pages Talen from the dry-bulb thermometer and the temperature difference between the wet and dry bulb thermometer. From these measurements, a table is used to find the relative humidity at a certain location (University, 2013). See figure 6 below Figure 6 Hygrometer Image from NASA The weather vane is also an instrument used to measure wind direction, it is always recorded as the direction from which the winds are

Afghanistan Rights and Laws

664 words - 3 pages “women and girls that flee forced marriage or domestic violence are often treated as criminals rather than victims.”(p.2 HWR) The government itself is endorsing a statement that calls women secondary and separates them in school, jobs and many other civil rights. The Afghan government had a great constitution but they are having problems enforcing it. The Taliban is taking over Afghanistan there constitution is being outlawed, causing violations of

Similar Essays

The Difference Between Rights And Laws

1106 words - 5 pages What is Protection? It is necessary to discuss the idea of protection when it relates the ideas of laws and rights. Laws and rights are there for protection; but what, and whom are they protecting? Hobbes believed that man has a natural inclination for more. The final Cause, End or Designe of men, (who naturally love Liberty, and Dominion over others,) in the introduction of that restraint upon themselves, (in which wee see them live in

The Difference Between The Miranda Rights And The Charter Of Rights

1224 words - 5 pages that person and cannot use that person's statements to incriminate him or her in a court of law (Miranda Warning, 2014). The key difference between the Charter of Rights and the Miranda rights is the presence of a lawyer during interrogation. In the United States your lawyer is allowed be present, in Canada he cannot be present. As well, Canadian suspects do not have the right to interrupt an interrogation to consult again with their lawyer

The Difference Between France And Britain

2836 words - 11 pages The Difference Between France and Britain Scholars from Aristotle onward have proposed that the characteristics of society directly affect the nature of government. If we apply this to Britain and France, we shall see that this proposal is definitely true. The difference between the British and French cultures becomes obvious when an assessment looks at their political systems, and each of the 6 structures, and the

The Difference Between Organized Crime And Terrorism

802 words - 4 pages Picarelli, 311, 312). While they may engage in the same activities, the goals of organized crime and terrorist groups are not the same. The main difference between terrorism and organized crime is the motive behind the behaviour. Acts of terrorism, including the September 11 attacks, are politically motivated (Linden, 467). Terrorist groups operate to “eliminate political competitors” and influence “political struggles” through “acts of terror