- Tytuł:
-
Umowa społeczna locke’a – spojrzenie z perspektywy prawnej
Locke’s social contract within the legal perspective - Autorzy:
- Stępkowski, Aleksander
- Powiązania:
- https://bibliotekanauki.pl/articles/596104.pdf
- Data publikacji:
- 2014
- Wydawca:
- Łódzkie Towarzystwo Naukowe
- Tematy:
-
Locke
Hobbes
umowa społeczna
social contract - Opis:
- The paper provides systematic analysis of the Locke’s social contract theory with the legal means of construction. The analysis is performed within the context of Hobbes’ theory which is believed to be opposed by Locke in his Second Treaties. The paper focus on two specific questions: 1) whether the social contract, as conceptualised by Locke really allows to dispose with natural freedom only to certain extent?; 2) whether the Sovereign, as created by the social contract, is really bound by its provisions? Detailed analysis of the Locke’s Second Treaties of Government ends with negative answer to both above asked questions. Locke had acknowledged (although in a slightly hidden way) that in ordered to build a society by means of voluntary agreement, individuals must dispose of all the natural freedom they posses. It is also to be accepted that political power created by means of social contract, being not a party to the contract, is not bound by its conditions. Locke appears to be unsuccessful in inventing a social contract which would considerably differ from the one proposed by Hobbes. There are even premises allowing to assert, he was aware of that.
- Źródło:
-
Studia Prawno-Ekonomiczne; 2014, XCI (91)/1; 153-163
0081-6841 - Pojawia się w:
- Studia Prawno-Ekonomiczne
- Dostawca treści:
- Biblioteka Nauki
Artykuł