henry quirk wrote: ↑Thu Jun 22, 2023 11:53 pm
The conversation (such as it can be called such) is about the philosophy of natural rights, not the legalisms of the Declaration & Constitution, but okay...
T Jefferson, in an early draft of the Declaration explicitly used the phrase 'life, liberty, and property'. Under the 'guidance' of the Committee of Five, the wording was changed to 'life, liberty, and pursuit of happiness'.
Why do you think that change was made? Was the early draft right and the final draft a mistake?
Here's my take on the documents:
The Declaration of Independence cites three "unalienable rights" (rights that MAY NOT be taken away from someone by anyone--but that the English were denying us to whatever degree). Those rights are Life, Liberty, and the Pursuit of Happiness--in that order. The first most fundamental right is to "life". It is the single most important thing to any living being, the one thing EVERY living being seeks to preserve AT THE VERY LEAST. It also ensures that the next two rights even matter or mean anything. We can have no rights, no liberty nor can we pursue happiness if we are not alive.
The second most fundamental right after that is "liberty". We can be alive and not have liberty but we cannot have liberty and not be alive.
The third most fundamental right after that is "the
pursuit of happiness". We can have both life and liberty and be miserable in pursuing what we deem the way to happiness to be. But we must be both alive and have liberty in order to pursue happiness in the way that appears best.
These three rights seem to be pretty much indisputable to me. If one doesn't have those three rights, then one is dead, a slave, and/or condemned to accept without recourse whatever lot they draw in life.
The Constitution limits the federal government from those specific acts that would deny any citizen any of those three most fundamental and "unalienable" rights. It is a document (the Constitution) that tries to organize civil law in a manner that will enable every citizen to have those rights or ensure that those three rights of each citizen are not violated. Civil law (the Constitution) is something that people agree to through a 'social contract' and the installation of a government. However, the three "unalienable rights" are not up for humans, mortals, (or whatever you want to call us) to tamper with through the means of civil law. The three "unalienable" rights are "endowed" to us by God. And it is in God that we must trust in order for those rights to have universal significance. God didn't "endow" us with the Constitution. S/he endowed us with those three
clear rights. The phrase "among others" in the DoI, indicates that the founders left open the possibility that those three fundamental rights might not be the only ones, but they were clearly the only ones they could readily come up with.
So lets look at those rights.
1. May a human being take life from me? No. Not without defying God and also making all other rights irrelevant and moot.
2. May a human being take away my liberty? No. Not without defying God and also making the pursuit of happiness virtually impossible (unless we believe a benevolent dictator will show us the right way to be "truly" happy.
3. May a human being take away my ability to pursue happiness? No. Not without defying God and possibly taking away my ability to find happiness.
4. How would someone take my right to the pursuit of happiness away? They would need to violate my right to liberty (unless I allowed them to pursue for me what they thought would bring me happiness). How would someone take away my right to liberty? They would ultimately have to violate my right to life (unless I allowed the right to liberty to be violated). We believe these three rights to be the foundations of free society.
Notice that the three unalienable rights are also things that anyone and everyone can pursue without necessarily interfering with anyone elses rights to those three things.
My right to life doesn't necessarily mean that I must violate the right to life of other citizens.
My right to liberty doesn't necessarily mean that I must violate the right to liberty of other citizens.
My right to the pursuit of happiness doesn't necessarily mean that I must violate the right of others to pursue happiness.
Here's why I think those who declared independence changed "property" to "pursuit of happiness".
Anyone and everyone can puruse happiness even if they don't own anything. A hobo or a homeless person can be happy if they find happiness in their way of life. The Greek Cynic Philosopher Diogenes of Sinope, Socrates, Epictetus (the Stoic/former Roman slave), the Buddha, the dalai lama, and many Christian mystics and monks, among others were able to find happiness in having almost no property. When Saint Teresa of Calcutta died, she had only a bowl and a few other basic items on her. Therefore it seems clear that "property" is not the only--perhaps not even the most significant thing to pursue in order to find happiness. So the early word "property" was replaced by a more universal phrase "the pursuit of happiness" because happiness can not be equated simply with having "property."
Does all that make sense to you?