The Lockean Theory of Rights

399 Pages·1992·24.541 MB·English

by  A. John Simmons

THE LOCKEAN THEORY OF RIGHTS
STUDIES IN MORAL, POLITICAL,
AND LEGAL PHILOSOPHY
General Editor: Marshall Cohen
A list of titles in the series
appears at the back of the book
THE LOCKEAN THEORY
OF RIGHTS
A. John Simmons
PRINCETON UNIVERSITY PRESS
PRINCETON, NEW JERSEY
Copyright © 1992 by Princeton University Press
Published by Princeton University Press, 41 William Street,
Princeton, New Jersey 08540
In the United Kingdom: Princeton University Press,
Chichester, West Sussex
All Rights Reserved
Library of Congress Cataloging-in-Publication Data
Simmons, A. John (Alan John), 1950-
The Lockean theory of rights / A. John Simmons.
p. on.'—(Studies in moral, political, and legal philosophy)
Includes bibliographical references and index.
ISBN 0-69-10378-17
1. Locke, John, 1632-1704—Contributions in political science.
2. Locke, John, 1632-1704—Contributions in human rights.
3. Locke, John, 1632-1704—Contributions in natural law.
I. Title. II. Series.
JC153.L87S56 1992
323'.01—dc20 91-36773
This book has been composed in Linotron Palatino
Princeton University Press books are printed on acid-free paper
and meet the guidelines for permanence and durability of the
Committee on Production Guidelines for Book Longevity of the
Council on Library Resources
Printed in the United States of America
3 5 79 10 8 6 42
CONTENTS
LIST OF ABBREVIATIONS vii
ACKNOWLEDGMENTS ix
INTRODUCTION 3
ONE. THE STRUCTURE OF LOCKE'S MORAL THEORY 14
1.1. The Demonstration of Morality 14
1.2. Why We Ought to Obey God 26
1.3. The Secular Strain 36
1.4. The Superstructure of Locke's Theory 46
1.5. The Content of Natural Law 59
Two. LOCKE AND NATURAL RIGHTS 68
2.1. The Place of Rights in Locke's Theory 68
2.2. Equal Rights and Special Rights 79
2.3. The Structure of Locke's Theory of Rights 87
2.4. The Significance of Natural Rights 95
2.5. Natural Right Skepticism 102
THREE. THE RIGHT TO PUNISH 121
3.1. A Natural Executive Right 121
3.2. Locke's Case 127
3.3. Replies 134
3.4. The Coherence of Locke's Position 140
3.5. Forfeiture and Punishment 148
3.6. The Monopoly on Force 161
FOUR. RIGHTS AND THE FAMILY 167
4.1. Wives, Husbands, and Servants 167
4.2. The Rights of Parents (and the Duties of Children) 177
4.3. The Rights of Children (and the Duties of Parents) 192
4.4. The Family and Property 204
4.5. The Family and Political Society 212
CONTENTS
FIVE. PROPERTY RIGHTS 222
5.1. Natural Property Rights 222
5.2. Labor: The Arguments 236
5.3. Labor: Replies and Reconstructions 264
5.4. The Limits on Property 278
5.5. Money 298
Six. JUSTICE AND CHARITY 307
6.1. Property in Political Society 307
6.2. Justice 318
6.3. Charity 327
6.4. Positive and Negative Rights 336
CONCLUSION 353
WORKS CITED 355
INDEX 377
ABBREVIATIONS
Two Treatises of Government—I or II, followed by paragraph num-
ber
An Essay Concerning Human Understanding—E, followed by book,
chapter, and section number
Essays on the Law of Nature—ELN, followed by page number
A Letter Concerning Toleration—L, followed by page number
Two Tracts on Government—First Tract or Second Tract, followed
by page number
The Reasonableness of Christianity—R, followed by page number
(and paragraph number)
An Essay Concerning Toleration—ECT, followed by page number
Some Thoughts Concerning Education—Education, followed by para-
graph number

ACKNOWLEDGMENTS
This book benefited greatly from the contributions and support of
many individuals and institutions. The University of Virginia and
the University's Center for Advanced Study generously provided
research time and other resources several times during a period of
six years. The National Endowment for the Humanities also sup-
ported a semester of research in 1980. It was Nick Sturgeon's inci-
sive lectures on Locke and the British moralists that first turned
my mind to the project finally completed here (some fifteen years
later). During the intervening years, many colleagues, students,
and academic audiences have bravely endured my presentations
of earlier versions of the ideas developed here, and they have
made many valuable suggestions for the improvement of my
work. My failure to acknowledge them individually indicates no
lack of gratitude for their help, but only the (considerable) limits
of my memory. More recently (and within the limits of my mem-
ory), Julian Franklin and George Klosko kindly read and offered
many helpful comments on the first four chapters of the book. Dis-
cussions with Ken Kipnis added much to my understanding of is-
sues I treat in chapter 4, and Josh Cohen and Warren Quinn pro-
vided extensive comments that have much improved the
arguments of chapter 3. Finally, I must thank the staff of the Bod-
leian Library for their help with my research, and Eusebia Estes
and Anne Cox for typing large parts of the manuscript. My great-
est debt, however, is owed to my friend and wife, Nancy
Schauber. She contributed much in the way of substantive philo-
sophical insight; but more important, she rekindled my interest in
completing this project at a time when I had nearly given it up.
One chapter of this book contains material that has been previ-
ously published. Chapter 3 (excluding section 4) is a longer,
slightly altered version of "Locke and the Right to Punish," Philos-
ophy & Public Affairs (Fall 1991).