All about Laski’s Theory of Rights: A Critique of Natural Rights and Utilitarianism

Introduction

Natural rights theory is a philosophical approach that holds that certain rights, such as life, liberty, and property, are inherent to all human beings and are not granted by the state or society. One of the most well-known proponents of natural rights theory is John Locke (1632-1704), an English philosopher who is considered one of the Founders of modern political philosophy. In this blog, we will explore Locke’s concept of natural rights and his social contract theory, as well as the influence of his ideas on the American Revolution and the Declaration of Independence.

Locke’s Concept of Natural Rights

Locke defined natural rights as “life, liberty, and estate.” He argued that these rights are inherent to all human beings and are not granted by the state or society. According to Locke, natural rights are essential for the preservation of human life and the pursuit of happiness, and they serve as the foundation for political society. Locke believed that the purpose of government is to protect natural rights, and that individuals have a right to alter or abolish the government if it fails to fulfill this role.

Locke’s Social Contract Theory

Locke’s concept of natural rights is closely related to his social contract theory, which is the idea that individuals form a social contract with the state in order to protect their natural rights. According to Locke, individuals agree to give up some of their natural rights in exchange for the protection of their remaining rights by the state. This social contract is based on a hypothetical “state of nature,” in which individuals live in a state of perfect freedom and equality, but are vulnerable to the actions of others. Locke argued that the purpose of government is to serve the needs and interests of the people, and that the people have the right to alter or abolish the government if it fails to fulfill this role.

Locke’s Influence on the American Revolution and the Declaration of Independence

Locke’s ideas had a significant influence on the political thought of the Founders of the United States, and his concept of natural rights and social contract theory played a central role in the formulation of the Declaration of Independence and the U.S. Constitution. The Declaration of Independence, written by Thomas Jefferson in 1776, cites Locke’s ideas on natural rights and the social contract as justification for the colonies’ separation from Great Britain. The U.S. Constitution, ratified in 1787, also draws on Locke’s ideas on the role of government in protecting natural rights and the right of the people to alter or abolish the government if it fails to fulfill this role.

Criticisms of Locke’s Natural Rights Theory

Despite its influential role in modern political thought, Locke’s natural rights theory has been the subject of criticism. Some argue that the theory is too narrow, as it focuses solely on the rights of property-owning white men and ignores the rights of marginalized groups, such as women, racial and ethnic minorities, and the poor. Others criticize Locke’s social contract theory as being based on a hypothetical and unrealistic scenario, and challenge the idea that natural rights are inherent and universal.

Criticism to Utilitarianism :

• It is not always clear what the outcome of an action will be, nor is it always possible to determine who will be affected by it. Judging an action by the outcome is therefore hard to do beforehand.
• It is very difficult to quantify pleasures for cost/benefit analysis
• The calculation required to determine the right is both complicated and time consuming. Many occasions will not permit the time and many individuals may not even be capable of the calculations.
• Since the greatest good for the greatest number is described in aggregate terms that good may be achieved under conditions that are harmful to some, so long as that harm is balanced by a greater good.
• The theory fails to acknowledge any individual rights that could not be violated for the sake of the greatest good. Indeed, even the murder of an innocent person would seem to be condoned if it served the greater number.

Conclusion

In conclusion, John Locke’s natural rights theory has had a lasting impact on modern political thought and practice. His concept of natural rights and social contract theory served as a foundation for the American Revolution and the Declaration of Independence, and his ideas continue to influence political discourse and policy-making today. However, Locke’s theory has also been the subject of criticism, with some arguing that it is too narrow and based on unrealistic assumptions. Despite these criticisms, Locke’s ideas remain a key part of the discourse on rights and the role of government in protecting them.