Hobbes & Locke
What is the social contract?
Hobbes says people create this agreement to leave the state of nature.
What is negative liberty?
This type of liberty means freedom from coercion or interference.
What is a duty?
If A has a right, B has this corresponding legal position.
What is inalienability?
Human rights are described as equal, universal, and inalienable.
What is Third World Approaches to International Law?
TWAIL stands for this approach to international law.
What are life, liberty and property?
Locke says individuals naturally possess these three rights.
What is cosmos?
Hayek calls a spontaneous, self-organizing order this.
What are claim/right, liberty/privilege, power and immunity?
These are the four basic Hohfeldian incidents.
What is the object of the right?
According to Donnelly, a right involves a right-holder, duty-bearer and this third element.
What is action?
Hanna Arendt says human life contains three central activities: labor, work and this.
What is pacta sunt servanda?
Hobbes's third law of nature is expressed by the Latin phrase meaning agreements must be kept.
What is imperium?
This concept refers to political power over people and territory, as opposed to dominium.
What is liability?
If A has a power, B has this Hohfeldian correlative.
What are negative/civil and political rights?
These rights require the state mainly to refrain from interference and are associated with the first generation of human rights.
What is Western liberal democracy/liberalism?
Mutua argues that modern human rights are strongly shaped by this political and cultural tradition.
What is the right to rebellion/resistance?
Unlike Hobbes, Locke argues that people have this right against an unjust authority.
What is thesis?
Hayek distinguishes nomos from this deliberately enacted law designed to achieve a concrete goal.
What is disability?
If A has an immunity, B has this corresponding position.
What is the possession paradox?
Donnelly calls the situation where rights become most visible when they are threatened or not enjoyed this paradox.
What is a political community/state?
According to Arendt, stateless people reveal that universal human rights depend in practice upon membership in this
Explain the main difference between Hobbes and Locke concerning the state of nature and political authority.
Hobbes: the state of nature is dangerous because equal, unlimited liberty produces insecurity, so individuals authorize an absolute sovereign.
Locke: the state of nature already contains natural rights and duties; government is created to protect them and remains limited by them.
Explain why Hayek believes attempts to impose social justice can threaten the rule of law.
Hayek argues that market outcomes arise spontaneously and cannot meaningfully be called just or unjust. Deliberately redistributing wealth requires targeted, coercive legislation, threatens formal equality/legal certainty and replaces spontaneous order with planning.
A owns a fenced garden and tells B not to enter. Identify A's and B's Hohfeldian positions and the object of the relation.
A: right/claim that B not enter.
B: duty not to enter.
Object: “B not entering the garden.”
Explain the difference between Donnelly's analytic theory of rights and a substantive theory of rights.
Analytic: explains the concept and structure of rights—what rights are and how they work.
Substantive: grounds rights in a deeper philosophy such as natural law, Kantian autonomy or Marxism.
Explain Mutua's criticism of the claimed universality and neutrality of the international human-rights system.
Mutua argues that human rights are presented as universal and apolitical but are historically connected to Western liberalism. He calls for cross-cultural dialogue and co-creation rather than treating one cultural model as universally final.