Hukuk felsefesi açısından John Locke'un ihtilal hakkı teorisi
John Locke's theory of revolution
- Tez No: 26016
- Danışmanlar: PROF. DR. ADNAN GÜRİZ
- Tez Türü: Yüksek Lisans
- Konular: Hukuk, Law
- Anahtar Kelimeler: Hukuk felsefesi, Locke, John, İhtilal hakkı teorisi, Law philosophy, Locke, John, Theory of revolution
- Yıl: 1993
- Dil: Türkçe
- Üniversite: Ankara Üniversitesi
- Enstitü: Sosyal Bilimler Enstitüsü
- Ana Bilim Dalı: Kamu Hukuku Ana Bilim Dalı
- Bilim Dalı: Belirtilmemiş.
- Sayfa Sayısı: Belirtilmemiş.
Özet
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Özet (Çeviri)
SUMMARY JOHN LOCKE'S THEORY OF REVOLUTION John Locke, like Hobbes, begins with man in a“state of nature”. By nature, man are free (that is, independent of one anothers control) and equal. If society is not natural to man, however reason is. Reason, which is the“law of nature'*, ”theaches all mankind, who will but cosult it, that being all equal and independent, no one ought to harm another in his life, health, liberty, or possesions.“ The state of nature, which reason discovers as self-evident obliges everyman to act to as to preserve himself and others. The state of nature constitutes a predicament, however. Man is independent and equal but he is also insecure. This is so because there is no common authority to adjudicate violations of law of nature and punish offenders. Each man in the state of nature is his own interpreter and enforcer of the law of nature. The fact results in a highly men become blind to any interpretation of reasons law but their own, and in fact act against that law. The state of nature ( a peaceful state) is transformed into a state of war. Men leave the state of nature and enter civil society to secure and impartial and regular interpretation and application of the law of nature. Locke contends that all men are in the state of nature and remain so till by their own consents they make themselves members of some politic society. All legitimate government thus rest on consent. The principal purpose of government, the reason why men give up the state of nature for civil society, is ”for the mutual preservation of their lives, liberties, and estates, which he calls by the general name, property. Locke insist upon the separation of powers: Legislative, executive and federative. Legislation is the supreme function of the state. The formulation of rules by which life, liberty, and property are to be secured is 105SUMMARY JOHN LOCKE'S THEORY OF REVOLUTION John Locke, like Hobbes, begins with man in a“state of nature”. By nature, man are free (that is, independent of one anothers control) and equal. If society is not natural to man, however reason is. Reason, which is the“law of nature'*, ”theaches all mankind, who will but cosult it, that being all equal and independent, no one ought to harm another in his life, health, liberty, or possesions.“ The state of nature, which reason discovers as self-evident obliges everyman to act to as to preserve himself and others. The state of nature constitutes a predicament, however. Man is independent and equal but he is also insecure. This is so because there is no common authority to adjudicate violations of law of nature and punish offenders. Each man in the state of nature is his own interpreter and enforcer of the law of nature. The fact results in a highly men become blind to any interpretation of reasons law but their own, and in fact act against that law. The state of nature ( a peaceful state) is transformed into a state of war. Men leave the state of nature and enter civil society to secure and impartial and regular interpretation and application of the law of nature. Locke contends that all men are in the state of nature and remain so till by their own consents they make themselves members of some politic society. All legitimate government thus rest on consent. The principal purpose of government, the reason why men give up the state of nature for civil society, is ”for the mutual preservation of their lives, liberties, and estates, which he calls by the general name, property. Locke insist upon the separation of powers: Legislative, executive and federative. Legislation is the supreme function of the state. The formulation of rules by which life, liberty, and property are to be secured is 105
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