Right to property according to John Locke (12 Marks)
Right to property hold a special concept and character in Locke‟s contract theory.
He uses it in two sense. In broad sense, it includes the right to life, liberty and estate. In the narrow sense, it is used only for the right to possess and retain one''s estate.
Locke says that the individuals enter into the contract and institute the state only in order to preserve their property. Property here is used in the broad sense. He has discussed that in the state of nature there were three deficiencies in the law of nature. Due to uncertainties and confusion of law of nature, lack of uniform administering agency and the lack of impartial judge, the protection of the three rights of the individuals was at stake. Hence they made a contract and created a state. The political community or commonwealth or state created by such a contract tried to remove the three inconveniences and to protect the rights of individuals. Thus according to Locke property precedes society, state and government. The institution of political society is generated in order to preserve and get secure the rights of individual. The society and government exist with the sole object to protect and preserve the natural right of life, liberty and state. These rights were born with individual and hence the society and state cannot claim it.
Life, liberty and property of the individuals can be secured in the civil society if these three conditions are fulfilled: First, the standard interpretation of the law of nature. Secondly, an impartial authority to apply this interpretation as between the individuals. Thirdly the employment of the force of the community to executing the judgment of this authority. In other words, the rights can be protected only if the three organs of the government are created legislature, the executive and the judiciary. So in order to protect their rights better, the individuals enter into contract.
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