Analysis Of Philosophical Opinions On Law: Hobbes Vs. And Locke

Thomas Hobbes, John Locke and John Locke have been two of the most famous philosophical pairs throughout history. These men are often used in classrooms as discussion points to discuss a wide range of topics because of their clear philosophical views. Hobbes was as different from Locke in their views on a range of topics including society, state role and basic human nature. Their vastly different views on the law were perhaps their greatest contribution. Hobbes, Locke and other law scholars are crucial to any discussion. They provide the foundation for our understanding of the modern social agreement.

Although both men support the concept of a “social contract”, which governs the rights and privileges we surrender for the benefit society, their views are vastly different. Thomas Hobbes says that to reap the benefits of society, one must surrender their rights and liberties in favor of a supreme sovereign. They are essentially subject to their ruler’s will and have no rights. This creates an ideal society, Hobbes says. Hobbes claims that in order to become a member of the system, one must violate their social contract. Hobbes says that this system is one where one must give up their entire rights to achieve a society with the greatest overall benefit. John Locke agrees that society members have come to an agreement on a social contractual, but his version of it differs significantly from Hobbes. The contract allows for certain fundamental human rights to remain. Locke explains that by accepting the social contract, we are guaranteed the right and liberty to live and to protect our property in a just and impartial manner. Locke’s philosophy states that people can retain many of their rights and liberties, as well as receive additional liberties because they have accepted the social contract. Locke sees the most important liberty as being gained by adhering and protecting one’s personal property. In other words, property could not be protected under a presociety system. This would create a significant discrepancy between justice and the ability to protect property better by those who have more power. Locke states that people can agree to the social contract to ensure property protection for all.

The debate between these two philosophers often focuses on two pole arguments. But both John Lockes (and Thomas Hobbes) subscribe to some form or other of social contract theories. Many still consider John Locke’s ideas the foundation of modern government. However, they are in fact a continuation of Thomas Hobbes’ basic ideas. Hobbes believed that a social contract is most effective when all preexisting rights are abolished to make way for a sovereign authority. John Locke however gradually realized that individuals have certain rights and freedoms which should be protected in a society’s legal systems. Hobbes and Locke should be considered the founders of modern law.

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  • saraicantu

    I am a 31-year-old school blogger. I started blogging in 2012 to document my journey through elementary, middle, and high school. I love to write, and I love to share my experiences and thoughts with others.

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