"The whole of this theory of the state of nature and natural law is on one sense clear but in another very puzzling. It is clear what Locke thought, but it is not clear how he can have thought it. Locke's ethic, as we saw, is utilitarian, but in his consideration of "rights" he does not bring in utilitarian considerations. Something of this pervades the whole philosophy of law as taught by lawyers. Legal rights can be defined: broadly speaking a man has a legal right when he can appeal to the law to safeguard him against injury. ...But the lawgiver has to decide what legal rights to create, and falls back naturally on the conception of "natural" rights, as those which the law should secure."
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p. 627.
https://en.wikiquote.org/wiki/A_History_of_Western_Philosophy
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A History of Western Philosophy
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