and Religion
Liberty and History
History and Liberty In this essay, I argue that contrary to the right wing’s contention, the Declaration of Independence does not offer a settled American view of individual rights and that the American founders had serious reservations about the theory of “inalienable” or “natural rights.” This essay challenges that understanding of the Declaration and shows that the Declaration papers over key disagreements on rights among the founders. In particular, the essay explores how Thomas Jefferson held a theory of American rights that diverged from a majority of his colleagues and shows how Jefferson tried to smuggle his view into the Declaration. This essay sets the stage for a more detailed look in other essays at the period from 1766-1776 and the fundamental doubts many of the founders had about a classic natural rights theory. "Ambivalence Towards Natural Rights Theory Before the American Revolution" It is the claim of many that the American founders’ embraced the theory of natural rights and possibly the specific version articulated by John Locke in his Second Treatise on Government. The idea of natural rights assumes that individuals are born with a set of inherent and possibly “God-given” rights that transcend and precede political life. These rights of life, liberty and property can not be infringed or taken away by government which is created to protect these basic rights. Read an excerpt
There is an impulse on the political right, among Tea Party advocates and Libertarian leaning Republicans, to argue that their conception of government is based on the ideas in the Declaration of Independence and the conception of “natural rights” or “inalienable rights” that it declares. The basic argument is this: the Declaration of Independence summarizes the core conceptions of the American founders in revolting against Great Britain and seeking Independence. As such, it defines the core political philosophy by which the United States should governed.
These core ideas of “natural” or “inalienable rights” provide a framework by which Americans can and should be governed. These ideas of liberty can set a political agenda for a wide range of debated political issues including: abortion, gun control, taxes, size of government, gay marriage, and more. There are a number of profound problems with these views, from both a historical and philosophical perspective. In a series of essays and a book that brings them together, I challenge this view of the Declaration and the conclusion that the Declaration can act as a foundation for an American Political Philosophy. You can read earlier versions of the essays or order the entire book.
"The Declaration of Independence and Natural Rights: Thomas Jefferson’s Alternative Theory of American Rights"
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In this essay, I explore the serious doubts the American founders had about this theory of natural rights in the period leading up to the Declaration of Independence. Starting with the Stamp Act in 1776, this essay explores reservations that various American writers such as James Otis and xxxx had about making arguments from natural rights. These reservations about Locke’s natural rights theory reflect worries similar to those expressed by other European philosophers who rejected natural rights arguments. This historical look sets the stage for understanding the ambivalence that I contend was on the mind of Jefferson and still evident in the Declaration of Independence.
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"Diverging Theories Of Natural Rights Before the Revolution"
The story that many scholars such as Karl Becker and others tell is that the colonists increasingly shifted from British rights arguments to natural rights arguments as they moved towards independence. This view is too simplistic. Not all writers appeal to natural rights to justify American claims and there are colonial debates over whether or not to appeal to natural rights in particular public statements. When colonists do appeal to natural rights, moreover, they sometimes opt for the language of “inalienable” or “inherent” rights rather than “natural rights”, as if to equivocate on whether they are invoking natural rights, British rights or some other kind of universal right.
Indeed, there remains among some colonists the conviction that natural rights actually provides a more “feeble foundation” for rights than other arguments. In addition, even when natural rights are invoked, they are often used in conjunction with and complementary to several other arguments for rights. Even Jefferson fundamentally disagreed with his colleagues on the foundation of American rights and may have held doubts about natural rights arguments. This essay explores the reasons for an increasingly reliance on natural rights language in the pre-revolutionary writers and the evidence of continued doubt about natural right theory in colonial writers.
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"The First Continental Congress and the Attempt To Achieve Consensus
In 1774, the colonies sent representatives to the First Continental Congress to discussion a cross colony approach to American Rights. The First Continental Congress had three objectives: to compose a statement of colonial rights, to identify specific grievances, and to provide a plan to restore thoserights. The Congress met from September 5 to October 26, 1774. The Declaration of Rights, or "American Bill of Rights" as some called it, which the Congress issued was significant and the debates over the statement are significant for understanding the view of rights in the period leading up to the Declaration.
Of particular note is the fact that Thomas Jefferson's theory of American rights as outlined in his pamphet "A Summary View" was rejected by his colleagues in the Congress. The understanding of natural rights as outlined by James Wilson and others was adopted by Congress in clear rejection of Jefferson's own theory. A repeat of that rejection happens when Jefferson drafts the Declaration of Independence.
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