scholarly journals John Locke’s Doctrine of Limited Government: Establishment, Limitations and Criticisms

2021 ◽  
Vol 4 (3) ◽  
pp. p25
Author(s):  
Pan Ziyang ◽  
Liang Shan
Keyword(s):  
John Locke ◽  
Private Property ◽  
Separation Of Powers ◽  
Governance System ◽  
Governance Capacity ◽  
Limited Government ◽  
Government Power ◽  
Service Oriented ◽  
Political Philosopher ◽  
The Right

John Locke was a famous political philosopher in the 17th century. The theory of limited government proposed by Locke in the Second Treatise of Government has delivered a profound impact on the modern politics. Based on the theoretical foundation of liberalism, Locke argues that, for the purpose of defending the right to private property, only when the majority agree can we establish a government after signing the social contract and shifting from the state of nature to the political society. By analyzing the limitations of the source, affiliation and range of government power, this paper demonstrates the limitations of the limited government as the rule of law and the separation of powers on the inside, and the collapse of government and people’s revolution on the outside. In the process of modernizing the national governance system and governance capacity, it is necessary for developing countries to be fully confident in their political systems and absorb what is best from Locke’s theory so as to build a modern service-oriented government.

13. John Locke

2017 ◽  
Author(s):  
Jeremy Waldron
Keyword(s):  
Political Philosophy ◽  
Rule Of Law ◽  
Natural Law ◽  
John Locke ◽  
Private Property ◽  
Civil Disobedience ◽  
The Rule Of Law ◽  
Limited Government ◽  
Short Biography ◽  
Political Thinker

This chapter examines and defends the relevance of John Locke's writings as political philosophy. Locke's political philosophy continues to have an enormous impact on the framing and the pursuit of liberal ideas in modern political thought — ideas about social contract, government by consent, natural law, equality, individual rights, civil disobedience, and private property. The discussion and application of Locke's arguments is thus an indispensable feature of political philosophy as it is practised today. After providing a short biography of Locke, the chapter considers his views on equality and natural law, property, economy, and disagreement, as well as limited government, toleration, and the rule of law. It concludes with an assessment of Locke's legacy as a political thinker.

Privatising Property

2020 ◽  
pp. 177-216
Author(s):  
Charlotte Epstein
Keyword(s):  
John Locke ◽  
Private Property ◽  
Modern Science ◽  
The Body ◽  
Natural Order ◽  
Property Relations ◽  
The Law ◽  
Theory Of Value ◽  
Secondary Feature ◽  
The Right

This chapter describes how the body served to privatise property and to establish the human subject, instead of the natural order, at the centre of the law. Whereas modern science expelled humanity from the world’s centre, a second revolution in the law achieved the opposite. It begat legal modernity and the right to private property that supports capitalism. The site for this revolution was early modern theories of natural rights. The chapter traces the genealogy of the concept of private property, from Hugo Grotius via Samuel von Pufendorf to John Locke, through this tradition and under the lens of the body, underscoring the extent to which they broke from premodern Thomist theories of natural law, whose default mode of property relations were communal. It then shows how Locke deployed the most effective legitimation of capitalism by locating the original mechanism by which property is privatised in ‘the hand that grabs’ – by corporealising it. The chapter then turns to the particular, labouring bodies that were explicitly excluded from Locke’s embodied labour theory of value: slaves. Slavery was not simply a practice Locke was deeply invested in personally, or an embarrassing but secondary feature of his political writings. It was, rather, part and parcel of the constitutive logic by which he articulated a racialised right to private property.

Der Spielraum bei der Vermarktung von Waldleistungen ist eingeschränkt (Essay) | The scope for the commercialization of forest services is limited (essay)

2009 ◽  
Vol 160 (8) ◽  
pp. 228-231
Author(s):  
Hansruedi Walther
Keyword(s):  
Private Property ◽  
Legal Framework ◽  
Third Parties ◽  
Wood Products ◽  
Forest Owner ◽  
Free Access ◽  
School Class ◽  
Market Niche ◽  
The Right ◽  
Exclusive Right

A forest owner can only commercialize non-wood products and services within a tightly restricted market niche. On account of free access being permitted to the forest it is impossible to deny to third parties the consumption of many non-wood products and services: everybody has the right to be in the forest for recreation. As a result many non-wood services cannot be commercialized by the forest owner, or not exclusively. What would seem unthinkable elsewhere on private property seems to be taken for granted in the forest: third parties may take products from the forest and even sell them without being the forest owners. For certain nonwood services or products, such as the installation of rope parks or for burial in the forest, the organizer must conclude an agreement with the forest owner or draw up a contract for servitude or benefit. In addition, for these activities a permit from the Forestry Department is necessary. On the other hand, for an itinerant school class or for the production of forest honey neither a binding regulation with the forest owner nor a permit from the Forestry service is necessary, provided that no constructions are erected in the forest. The only exclusive right which remains to the forest owner, besides the sale of his property, is the exploitation of his trees within the legal framework.

De zaak van Rechter Grootaert en de strijd om het Nederlands in Belgisch-Congo. Een symbooldossier uit de jaren vijftig

2008 ◽  
Vol 67 (1) ◽  
pp. 7-46
Author(s):  
Bert Govaerts
Keyword(s):  
Private Property ◽  
Local Level ◽  
Free State ◽  
Court Cases ◽  
In De Praktijk ◽  
French Speaking ◽  
Congo Free State ◽  
The Right ◽  
Belgian Congo

In 1908 verwierf België de souvereiniteit over de voormalige Congo Vrijstaat, die particulier bezit van koning Leopold II was geweest. De nieuwe kolonie kreeg een soort grondwet, het Koloniale Charter. Artikel 3 daarvan bepaalde dat er in Belgisch-Congo taalvrijheid heerste, maar ook dat de Belgen er dezelfde taalrechten en -bescherming zouden genieten als in het moederland. Uiterlijk tegen 1913 moesten speciale decreten de taalregeling in rechtszaken en in de administratie vastleggen. Die afspraak werd niet gehonoreerd. De decreten kwamen er niet en de kolonie werd in de praktijk exclusief Franstalig. Een klein aantal Vlaamse koloniale ambtenaren verzette zich daar tegen en boekte ook beperkte successen, op plaatselijk niveau. Een doorbraak kwam er pas in de nadagen van de kolonie, toen een Vlaams magistraat, Jozef Grootaert, het recht opeiste om in het Nederlands te vonnissen. Pas na een lang en bitter gevecht, uitgevochten tot op regeringsniveau en mee gekleurd door allerlei persoonlijke motieven, werd uiteindelijk in 1956, meer dan veertig jaar later dan afgesproken, een decreet over het gebruik van de talen bij het koloniale gerecht goedgekeurd. Over een decreet i.v.m. bestuurzaken raakte men het niet meer eens voor de onafhankelijkheid van de kolonie in 1960. In het onafhankelijke Congo was er voor het Nederlands geen (officiële) plaats.________The Case of Judge Grootaert and the struggle for Dutch in the Belgian CongoIn 1908 Belgium acquired the sovereignty over the former Congo Free State, which had been the private property of king Leopold II. The new colony was granted a kind of constitution, the Colonial Charter. Article 3 of this charter provided not only that there would be freedom of language in the Belgian Congo, but also that the Belgians in that country would enjoy the same rights and protection of their language as they had in their motherland. The language regulation for court cases and the administration was to be laid down in special decrees by 1913 at the latest. That agreement was not honoured. The decrees failed to be drawn up and in practice the colony became exclusively French speaking. A small number of Flemish colonial officials resisted against this situation and in fact obtained some limited successes on a local level. A breakthrough finally occurred in the latter years of the colony, when a Flemish magistrate, Jozef Grootaert claimed the right to pronounce judgement in Dutch. Only after a long and bitter struggle that was fought out until the bitter end on a governmental level and that was also characterized by all kinds of personal motives, a decree about the use of languages at the colonial court was finally approved in 1956, more than forty years after it had been agreed. It proved to be no longer possible to reach agreement about a decree concerning administrative matters before the independence of the colony in 1960. In the independent Congo Republic no (official) role was reserved for Dutch.

Introductory Note

2018 ◽  
Author(s):  
Guido Raimondi
Keyword(s):  
Human Rights ◽  
Separation Of Powers ◽  
Freedom Of Expression ◽  
European Convention ◽  
European Court ◽  
European Public ◽  
Introductory Note ◽  
Un Security Council ◽  
The Right ◽  
The Eu

This article comments on four important judgments given by the European Court of Human Rights in 2016. Al-Dulimi v. Switzerland addresses the issue of how, in the context of sanctions regimes created by the UN Security Council, European states should reconcile their obligations under the UN Charter with their obligations under the European Convention on Human Rights to respect the fundamentals of European public order. Baka v. Hungary concerns the separation of powers and judicial independence, in particular the need for procedural safeguards to protect judges against unjustified removal from office and to protect their legitimate exercise of freedom of expression. Magyar Helsinki Bizottság v. Hungary is a judgment on the interpretation of the Convention, featuring a review of the “living instrument” approach. Avotiņš v. Latvia addresses the principle of mutual trust within the EU legal order and the right to a fair trial under Article 6 of the Convention.

Reflexive Authorities

2018 ◽  
Author(s):  
Michael Zürn
Keyword(s):  
International Relations ◽  
Global Governance ◽  
Separation Of Powers ◽  
Political Authority ◽  
Governance System ◽  
Loosely Coupled ◽  
State Actors

In this chapter, authority is developed as key concept for analyzing the global governance system. Max Weber’s foundational treatment is used to capture the paradox involved in the notion of “voluntary subordination.” Building on this foundation, the concept of reflexive authority is elaborated in contrast to two other concepts that have prevailed in international relations so far. The argument is laid out against the background of the global governance context, one in which the authority holders are in many respects weaker than most state actors. Two types of reflexive authority are identified: epistemic and political authority. Finally, the interplay between different authorities in global governance is analyzed to identify the major features of the global governance system. It is—to put it in the shortest possible form—a system of only loosely coupled spheres of authorities that is not coordinated by a meta-authority and lacks a proper separation of powers.

The Right to Private Property. Jeremy Waldron

Ethics ◽  
1990 ◽  
Vol 101 (1) ◽  
pp. 201-204
Author(s):  
Hillel Steiner
Keyword(s):  
Private Property ◽  
The Right

scholarly journals A modified NK algorithm based on BP neural network and DEMATEL for evolution path optimization of urban innovation ecosystem

2021 ◽  
Author(s):  
Ruijian Liu ◽  
Fangcheng Tang ◽  
Yuhan Wang ◽  
Shaofang Zheng
Keyword(s):  
Neural Network ◽  
Bp Neural Network ◽  
Urban Governance ◽  
Innovation Network ◽  
Governance System ◽  
Innovation Ecosystem ◽  
Governance Capacity ◽  
New Era ◽  
Evolution Path ◽  
Simulation Results

AbstractIn the new era, the key measure to accelerate the construction of smart city, so as to promote the modernization of urban governance system and governance capacity, is to establish a good urban innovation ecosystem, and guide its continuous evolution to the direction of the highest efficiency and the best performance. Focusing on solving the practical problem of “how the urban innovation ecosystem evolves”, this paper develops a NK algorithm using BP neural network and DEMATEL method. First, through literature research, constructing the urban innovation ecosystem including five subsystems of innovation talents, innovation subjects, innovation resources, innovation environment and innovation network. Then, taking Beijing as an example, the weights and the number of epistatic relationships of each subsystem in its innovation ecosystem are calculated by BP neural network and DEMATEL method, and the NK model is modified; on this basis, the fitness values corresponding to different states of the system are calculated using MATLAB software, and the optimal evolution path of Beijing innovation ecosystem is determined through the comparison of 100,000 simulation results. The results show that the optimal evolution path of Beijing's innovation ecosystem is to create a favorable environment and culture for innovation first; then increase the input of innovation resources; and then promote the development of innovation network assets; on this basis, cultivate, attract and retain innovative talents; and finally strengthen the construction of innovation subjects.

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