[Political Thought in England from Locke to Bentham by Harold J. Laski]@TWC D-Link book
Political Thought in England from Locke to Bentham

CHAPTER II
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For so long as we regard rights as no more than the creatures of law, there is at no point adequate safeguard against their usurpation.

A merely legal theory of the State can never, therefore, exhaust the problems of political philosophy.
No thinker has seen this fact more clearly than Locke; and if his effort to make rights something more than interests under juridical protection can not be accepted in the form he made it, the underlying purpose remains.

A State, that is to say, which aims at giving to men the full capacity their trained initiative would permit is compelled to regard certain things as beyond the action of an ordinary legislature.

What Stammler calls a "natural law with changing content"[4]--a content which changes with our increasing power to satisfy demand--is essential if the state is to live the life of law.

For here was the head and centre of Locke's enquiry.


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