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Law and society (law) Essay Example

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Law and society (law)

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Locke explained that the body and actions of a person belong to him/her (Locke Social Order 2001). Thus, any improvement upon the natural world using the body and actions of a person belongs to him/her (Locke Social Order 2001). The application of labor upon nature and natural objects is a mode of appropriation that extends the personal property of a person (Locke Social Order 2001). With the use of actions upon nature, the resulting products then belong to the person that exerted labor (Locke Social Order 2001).Cultivation of land and investing of time and labor extended a person’s control over the earth’s surface giving him/her an interest on the said portion of land and the products resulting from such labour (Locke Social Order 2001). The personal appropriation can continue as long as there will be areas left for others to cultivate (Locke Social Order 2001). A person can continue to appropriate within a reasonable limit in furtherance of “life, health, liberty, and possessions” (Locke Social Order 2001, para.Through labor, an individual produces more than one can use and utilise (Locke Social Order 2001). Exchanging the surplus for something else lays the foundation of the economy (Locke Social Order 2001). Exchange is made possible using a medium or monetary system with ascribed value which is agreed upon in order to maintain order in society (Locke Social Order 2001). The application of labour then removes the product from the common ownership (Moseley 2006). Water in the pitcher drawn from a river or a wild game hunted down becomes man’s property but belongs commonly to all before such application of labour (Moseley 2006).The consideration on Christian morality is seen in the enjoyment and use of nature before it spoils (Moseley A 2006). The cultivation by man of a land vests upon him a title. Continued cultivation increases productivity that can be sold as a surplus (Moseley 2006). The mode of exchange which is money does not rot or spoil enabling him to increase his wealth (Moseley 2006). His concept of private property that supports accumulation of wealth is limited by Christian values (Moseley 2006).Protecting or defending the natural rights is religious action and in accordance to God’s will (Braman 1996). The right to private property is an adjunct of natural law (Braman 1996). God also gave man the reasoning and strength to labour to make use of

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References

Braman C 1996. The political philosophy of John Locke and its influence on the founding fathers and the political documents they created. <http://www.chuckbraman.com/Writing/WritingFilesPhilosophy/locke.htm>.

“Ideology.” 2008 April 3. New World Encyclopedia. Available from: <http://www.newworldencyclopedia.org/entry/Ideology>. [Accessed 23 December 2009].

Law DS & Zaring DT 2009 December 21. Law versus ideology: The Supreme Court and the use of legislative history. William & Mary Law Review, vol. 51, 2010. CELS 2009 4th Annual Conference on Empirical Legal Studies Paper. Washington U. School of Law Working Paper No. 09-09-04. Social Science Research Network. Available from: <http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1444189>. [Accessed 22 December 2009].

Law and Ideology. 2001 October 22. Stanford Encyclopedia of Philosophy. Available from: <http://plato.stanford.edu/entries/law-ideology/>. [Accessed 22 December 2009].

Locke’s Political Philosophy. 2005 November 9. Stanford Encyclopedia of Philosophy. Available from: <http://plato.stanford.edu/entries/locke-political/>. [Accessed 21 December 2009].

Locke: Social Order. 2001 October 27. Britannica. Available from: <http://www.philosophypages.com/hy/4n.htm>. [Accessed 22 December 2009].

Lye J 1997. Ideology - a brief guide. www.englishbiz.co.uk. Available from: <http://www.englishbiz.co.uk/grammar/main_files/ideology1.htm>. [Accessed 22 December 2009].

Moseley A 2006. The Political Philosophy of John Locke. The Internet Encyclopedia of Philosophy. Available from: <http://www.utm.edu/research/iep/l/locke-po.htm#SH6e>. [Accessed 22 December 2009].

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Suretsky H 1981. The concept of ideology and its applicability to law and literature studies. ALSA Forum, vol. 4, no. 3. Legal Studies Forum. Tarlton Law Library. Available from: <http://tarlton.law.utexas.edu/lpop/etext/lsf/suretsky5.htm>. [Accessed 24 December 2009].

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preview essay on Law and society (law)
  • Pages: 7 (1750 words)
  • Document Type: Essay
  • Subject: Unsorted
  • Level: Undergraduate
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