JOHN LOCKE AND THE POLEMICS OF RIGHTS IN A CONTRACTUAL SOCIETY

Abstract

This paper critically examines and analyzes the key implications of a society based on contractual law on the issue of rights. Leaning on the claims and perspectives of various stakeholders with vested interest notably John Locke, the paper evaluates the changing nature of rights under a legally binding contract. John Locke who appears at first instance to be a forerunner of moral rights—rights seen as fundamental and inalienable—as against institutional or legal rights—rights seen as created and given by the state—also endorses utilitarianism, which recognizes the greater happiness. This means that on utilitarian ground, Locke admits that fundamental moral rights can be trumped for the sake of greater happiness. On this note therefore, one is right to say that Locke indirectly endorses the violation of moral rights on utilitarian basis even when it appears he was a leading protagonist of fundamental, moral, and inalienable rights. With this background, this paper argues that in contractual society where the government is both a creator and promoter of institutional and legal rights, the responsibility to define and decide which right individuals have—moral or institutional—falls back to the government. And in that sense, the government is justified even when moral rights are being violated on utilitarian reasons or goals