Natural Rights

Yesterday, I began to delve into the subject of legal rights, in particular the Bill of Rights which were amended to the Constitution to stress their importance. Today, we will look at a deeper level of rights, rights that we are born with as human beings, or natural rights.

Natural rights are defined as the concept of a universal right inherent in the nature of living beings, one that is not contingent upon laws or beliefs. The concept of a natural right can be contrasted with the concept of a legal right: A natural right is one that is said to exist even when it is not enforced by the government or society, while a legal right is one created by the government or society for the benefit of its members. The question of which rights are natural and which are legal is an important one in philosophy, religion, and politics.

Natural rights, in particular, are the rights of the individual, considered beyond the authority of any government or international body to dismiss. Some consider these rights the same as human rights even so far as to say there is no difference between the two. The idea of natural rights go far back in history. The idea that certain rights are inalienable (incapable of being surrendered or transferred) is found in early Islamic law and jurisprudence, which denied a ruler "the right to take away from his subjects certain rights which inhere in his or her person as a human being."

Many philosophers and statesmen have designed lists of what they believe to be natural rights; almost all include the right to life and liberty, as these are considered to be the two highest priorities. Thomas Jefferson, the author of the Declaration of Independence, substituted "the pursuit of happiness" in place of the basic right of property. This historic document is based on natural or "unalienable rights" as being endowed by the Divine Creator or Nature's God to every human being, arguing that it was "self-evident" truth that human beings by their very nature inherently have and seek to experience the right to life, liberty, and the pursuit of happiness.

But prior to this, the first philosopher who fully made natural rights the source of his moral and political philosophy was Thomas Hobbes (1588–1679). Hobbes argued that it is human nature to love one's self best and seek one's own good (this is a view known as psychological egoism). John Locke (1632–1704), was another prominent Western philosopher who conceptualized rights as natural and inalienable. Locke assumed that humans were by nature rational and good, and that they carried into political society the same rights they had enjoyed in earlier stages of society, foremost among them being freedom of worship, the right to a voice in their own government, and the right of property.

The modern idea of natural rights grew out of the ancient and medieval doctrines of natural law, i.e., the belief that people, as creatures of nature and God, should live their lives and organize their society on the basis of rules and precepts laid down by nature or God. With the growth of the idea of individualism, especially in the 17th cent., natural law doctrines were modified to stress the fact that individuals, because they are natural beings, have rights that cannot be violated by anyone or by any society.

Before the Age of Enlightenment from Locke's time, rights that were inborn and could not be forfeited (de facto) came from anti-slavery and other democratic movements. Starting with the Stoic philosophy to the Reformation period to the Enlightenment period, these concepts evolved with society. The Stoics held that no one was a slave by their nature; slavery was an external condition juxtaposed to the internal freedom of the soul (sui juris). Seneca wrote: "It is a mistake to imagine that slavery pervades a man's whole being; the better part of him is exempt from it: the body indeed is subjected and in the power of a master, but the mind is independent, and indeed is so free and wild, that it cannot be restrained even by this prison of the body, wherein it is confined."

The Stoic doctrine that the "inner part cannot be delivered into bondage" re-emerged in the Reformation doctrine of liberty of conscience. Martin Luther added during the Reformation: "Furthermore, every man is responsible for his own faith, and he must see it for himself that he believes rightly. As little as another can go to hell or heaven for me, so little can he believe or disbelieve for me; and as little as he can open or shut heaven or hell for me, so little can he drive me to faith or unbelief. 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."

Even to the most recent times, the preamble to the 1948 Universal Declaration of Human Rights asserts that rights are inalienable: "recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world." This was adopted by the United Nations which defined that these were human rights guaranteed to all people.

So, what does this all have to do with our recent times? Everything. When laws like the Patriot Act and the Military Commissions Act take away our rights in the guise of protecting us from supposed "terrorists", we are getting close to giving up our natural and inalienable rights. When we can't bank where we want for suspicion of money laundering, when we are denied rights of habeas corpus (illegal imprisonment by not being allowed to present our case before a court or judge), these are some of the examples of having our life and liberty infringed upon.

Are we willing to accept these measures? Do we want to live in fear and be driven like sheep, or assert our inalienable rights? As always, the choice is yours. What will you do when your rights are challenged?

There will be more on our rights tomorrow. Stay tuned ...

Speak up for those who cannot speak for themselves,
for the rights of all who are destitute.
Speak up and judge fairly;
defend the rights of the poor and needy. Proverbs 31:8-9 (NIV)

If you have comments or questions, please feel free to contact me at the address below.
Email: DeltaInspire@panama-vo.com