Download Practically parallel with the расцвет of colonial policy, from the

Practically parallel with the расцвет of colonial policy, from the beginning of
the XVII-th century by European philosophers (one of their significant members
was John Locke) was formed the complete integral world view that later got a
name of liberal. As we perfectly know that theories now form a basis for modern
right, including international right having inter-social meaning.
Social contract theory.
According to Locke natural being condition is a being of absolute freedom
and equality with a order of private property and private life. It’s a being of peace
and kindness. The law of nature prescribes peace and safety. Natural right – a right
on private property; a right on free actions, your personal labour and its’ results.
An adherent of constitutional monarchy, Locke anticipated Russos’ social contract
theory and an idea of citizens’ right to refuse from obeying power if it doesn’t
follow laws. Locke – a theoretic of civil society and
law-based
state
of
democratic rights for Kings and Lords law accountability. According to his ideas
Government is created to guarantee natural rights (freedom, equality, property) and
laws (peace and security), government can’t take away these rights and should be
organized in a way to guarantee natural rights confidently. Locke was confident in
a legacy of citizens’ rebellion against tyrannical power infringing on natural rights
and freedoms of people.
Locke was sure that people in any case behave in a right way, ‘cause it’s
natural for разумных human beings. That’s why social contract for him is a natural
process without any alternatives.
Colonial project.
Speaking about the so called Colonial project, John Locke produced a thesis,
according to it lands of the American continent populated with the Reds that
couldn’t rationally manage with these lands, where morally and juridical free to
be
assumed by Europeans. This idea was clearly mentioned by Locke in his
labor “Two tractates about ruling” and later was developed by Switzerland’s
scientist and diplomat A. de Wattyl in his labor “A right of peoples”. In a principal
question if there is possible for a nation to occupy a part of a vast country in a
legal way in case when only
nomadic
nations that can’t occupy the whole
country because their quantity, live there – Locke answers that these nomadic
nations couldn’t
assign to themselves more land than is possible to
cultivate, more land than they really need and can populate. Their unstable
occupying of vast territories can’t be considered as legal and original prospering;
and Europeans that where too much стеснённые at their native lands just
discover new space to live and cultivate. Concerning to Locks’ opinion
savagedom there hadn’t got any special needs, besides they hadn’t use
territories constantly – that’s the reason why Europeans could absolutely legally
capture such lands and establish colonies there, it’s a rather natural process…
Lockes’ ideas nowadays.
John Lockes’ views and concepts are still actual today – modern scientists
and politicians build their doctrines on its base, besides we can notice applying of
Lockes’ principles during real historical practice and nature of law. My personal
opinion is that the reason for it – Locke catched some roots of natural rights that
are universal and rational for population of the whole world and brought it to live
with the help of his labors… At the same time natural rights principles existing
apriori where fixed in a so called positive right, it means in law and court practice.