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approvingly that the present tendency…in American political theory is to disregard the once dominant ideas of natural rights and the social contract.”REF.

Pursuant to the natural rights theory, the parties to the original social compact may not establish political society on simply any set of terms they find momentarily agreeable. According to the Founders and Locke, the premises of the natural rights argument also entail the proper method for instituting political society and government. Reason is that law,” as Locke says, in the twofold sense that reason is the faculty whereby we are able to know the law of nature,

 

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