If successful, Hobbes’s solution would cover the first two features of the right to punish: it explains why the sovereign is permitted to use force and why the sovereign’s right is exclusive (everyone else surrenders their rights to use force). [53] This concept has been recognized by libertarians as being central to the question of voluntary slavery, which Murray Rothbard dismissed as illegitimate and even self-contradictory. He defines the right of nature as the liberty to do whatever you think you need to do to save your life and he doesn’t say there are any claim rights at all. If a man could give up his personality he would cease being a moral being. Thus he argued that the essential natural (human) right was "to use his own power, as he will himself, for the preservation of his own Nature; that is to say, of his own Life; and consequently, of doing any thing, which in his own judgement, and Reason, he shall conceive to be the aptest means thereunto." You don’t have to measure the sides to know it’s an equilateral triangle. If I have a claim right to my life, I do not have to compete with you to see if I “win” by staying alive or “lose” by doing the other thing. Fourth president of the United States James Madison, while representing Virginia in the House of Representatives, believed that there are rights, such as trial by jury, that are social rights, arising neither from natural law nor from positive law (which are the basis of natural and legal rights respectively) but from the social contract from which a government derives its authority. For example, the historian Ray Forrest Harvey declared that Jefferson and Locke were at "two opposite poles" in their political philosophy, as evidenced by Jefferson’s use in the Declaration of Independence of the phrase "pursuit of happiness" instead of "property. Thomas Hobbes, in Leviathan, inter alia describes the nature of man and his relation to his fellow man. [54] Stephan Kinsella argues that "viewing rights as alienable is perfectly consistent with – indeed, implied by – the libertarian non-aggression principle. Since by our (human) nature, we seek to maximize our well being, rights are prior to law, natural or institutional, and people will not follow the laws of nature without first being subjected to a sovereign power, without which all ideas of right and wrong are meaningless – "Therefore before the names of Just and Unjust can have place, there must be some coercive Power, to compel men equally to the performance of their Covenants..., to make good that Propriety, which by mutual contract men acquire, in recompense of the universal Right they abandon: and such power there is none before the erection of the Commonwealth." (Leviathan. John Locke, Two Treatises of Government - Of Civil Government, Bk.2, Chap 2, "On The State of Nature", §4,6,14, Chap 5, "Of Property", §26 (London : Whitmore & Fenn) 1821 pp. He starts with definitions of rights and tries to show how we can use them to make other things, like the state. Hobbes is clearly assuming that you can do something with your rights, namely lay them down. One you see it it’s impossible to forget. That is why Hobbes tries to model his philosophy on geometry. However, if he initiates force against and to the detriment of another man, he alienates himself from the right to that part of his life which is required to pay his debt: "Rights are not inalienable, but only the possessor of a right can alienate himself from that right – no one else can take a man's rights from him. By founding this sense of freedom for all, Locke was laying the groundwork for the equality that occurs today. That is how they are capable of making contracts and covenants. The distinction between alienable and unalienable rights was introduced by Francis Hutcheson. [31], Thomas Hobbes (1588–1679) included a discussion of natural rights in his moral and political philosophy. Quite the contrary! Since, then, belief or unbelief is a matter of every one's conscience, and since this is no lessening of the secular power, the latter should be content and attend to its own affairs and permit men to believe one thing or another, as they are able and willing, and constrain no one by force.[18].

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