6 février 2014: Mme Shelly Hiller Marguerat

Madame Shelly Hiller Marguerat soutiendra, en vue de l'obtention du grade de docteure en droit, sa thèse intitulée :

« John Locke’s concept of property : Natural law limits based on reason »

Jeudi 6 février 2014 – 13h.00
Salle M3050 - UNI MAIL

La séance est publique

Résumé:

The widespread law of property today allows a selfish and unlimited accumulation of property in material objects, natural resources, and animal life.

Answers are to be sought in the system of law whose purpose is the preservation of the whole of creation: natural law. A good start would be to take the recognized origin of property law and the source of the capitalistic problem—John Locke—and demonstrate that he never argued for selfish, unlimited accumulation.

The purpose of this thesis is to demonstrate Locke’s intent to confirm natural law limits as valid. Locke uses plain language and provides clear examples of natural law limits even after the creation of society. He further insists that it is only with the help of natural law limits on natural resources and living creatures that property law can remain valid and durable, without harming anyone, while balancing the needs of the self and the preservation of others.

In a way, Locke not only confirms the validity of natural law limits espoused by the natural law teachers before his time, but also goes further to corroborate, reinforce, and develop such limits as necessary for his philosophy of property to be valid and lasting.

This can be inferred from Locke’s insistence on the common good, his natural law limitations, his moral use of reason, as well as his references to the possible peaceful state of nature.