Natural rights
rights not contingent upon the laws and therefore universal and inalienable
Natural rights are inherent choices found by some philosophers to exist logically for each individual, whether they are protected, or infringed, by society, government, or other social interaction.
Quotes
edit- Quotes are arranged alphabetically by author
A - F
edit- People are usually surprised to discover that I hate the phrase "constitutional rights." I hate the phrase because it is terribly misleading. Most of the people who say it or hear it have the impression that the Constitution "grants" them their rights. Nothing could be further from the truth. Strictly speaking it is the Bill of Rights that enumerates our rights, but none of our founding documents bestow anything on you at all [...] The government can burn the Constitution and shred the Bill of Rights, but those actions wouldn't have the slightest effect on the rights you've always had.
- Michael Badnarik, Good to be King (2004).
- 'That which has no existence cannot be destroyed — that which cannot be destroyed cannot require anything to preserve it from destruction. Natural rights is simple nonsense: natural and imprescriptible rights, rhetorical nonsense — nonsense upon stilts. But this rhetorical nonsense ends in the old strain of mischievous nonsense for immediately a list of these pretended natural rights is given, and those are so expressed as to present to view legal rights. And of these rights, whatever they are, there is not, it seems, any one of which any government can, upon any occasion whatever, abrogate the smallest particle.
- Jeremy Bentham, Anarchical Fallacies (1843), Vol. 2.
- The absolute rights of man, considered as a free agent, endowed with discernment to know good from evil, and with power of choosing those measures which appear to him to be most desirable, are usually summed up in one general appellation, and denominated the natural liberty of mankind. This natural liberty consists properly in a power of acting as one thinks fit, without any restraint or control, unless by the law of nature: being a right inherent in us by birth, and one of the gifts of God to man at his creation, when he endowed him with the faculty of freewill. But every man, when he enters into society, gives up a part of his natural liberty, as the price of so valuable a purchase; and, in consideration of receiving the advantages of mutual commerce, obliges himself to conform to those laws, which the community has thought proper to establish.
- William Blackstone, Commentaries on the Laws of England (1765–1769), Book I, ch. 1: Of the Absolute Rights of Individuals.
- The public good is in nothing more essentially interested, than in the protection of every individual's private rights.
- Sir William Blackstone, Commentaries on the Laws of England (1783, reprinted 1978), 9th ed., book 1, chapter 1, section 3, p. 139.
- A right, in the abstract, is a fact; it is not a thing to be given, established, or conferred; it is. Of the exercise of a right power may deprive me; of the right itself, never.
- Voltairine de Cleyre, in "The Economic Tendency of Freethought" (1890).
G - L
edit- The fundamental source of all your errors, sophisms, and false reasonings, is a total ignorance of the natural rights of mankind. Were you once to become acquainted with these, you could never entertain a thought, that all men are not, by nature, entitled to a parity of privileges. You would be convinced, that natural liberty is a gift of the beneficent Creator, to the whole human race; and that civil liberty is founded in that; and cannot be wrested from any people, without the most manifest violation of justice. Civil liberty is only natural liberty, modified and secured by the sanctions of civil society. It is not a thing, in its own nature, precarious and dependent on human will and caprice; but it is conformable to the constitution of man, as well as necessary to the well-being of society.
- Alexander Hamilton, The Farmer Refuted (1775).
- The sacred rights of mankind are not to be rummaged for among old parchments or musty records. They are written, as with a sunbeam, in the whole volume of human nature, by the hand of the divinity itself; and can never be erased or obscured by mortal power.
- Alexander Hamilton, The Farmer Refuted (1775).
- In recent years it has been suggested that the Second Amendment protects the "collective" right of states to maintain militias, while it does not protect the right of "the people" to keep and bear arms...The phrase "the people" meant the same thing in the Second Amendment as it did in the First, Fourth, Ninth and Tenth Amendments — that is, each and every free person.
A select militia defined as only the privileged class entitled to keep and bear arms was considered an anathema to a free society, in the same way that Americans denounced select spokesmen approved by the government as the only class entitled to the freedom of the press.
If anyone entertained this notion in the period during which the Constitution and Bill of Rights were debated and ratified, it remains one of the most closely guarded secrets of the 18th century, for no known writing surviving from the period between 1787 and 1791 states such a thesis.- Stephen P. Holbrook, That Every Man Be Armed: The Evolution of a Constitutional Right.
- In recent years it has been suggested that the Second Amendment protects the "collective" right of states to maintain militias, while it does not protect the right of "the people" to keep and bear arms...The phrase "the people" meant the same thing in the Second Amendment as it did in the First, Fourth, Ninth and Tenth Amendments — that is, each and every free person.
A select militia defined as only the privileged class entitled to keep and bear arms was considered an anathema to a free society, in the same way that Americans denounced select spokesmen approved by the government as the only class entitled to the freedom of the press.
If anyone entertained this notion in the period during which the Constitution and Bill of Rights were debated and ratified, it remains one of the most closely guarded secrets of the 18th century, for no known writing surviving from the period between 1787 and 1791 states such a thesis.
- Stephen P. Holbrook, That Every Man Be Armed: The Evolution of a Constitutional Right.
- We hold these truths to be self-evident, that all men are created equal; that they are endowed by their Creator with inherent and inalienable Rights; that among these, are Life, Liberty, and the pursuit of Happiness; that to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed; that whenever any Form of Government becomes destructive of these ends, it is the Right of the people to alter or abolish it, and to institute new Government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.
- I think that freedom means being able to do what you want without harming others... Freedom isn't something given by the government. I think it is a God-given right, and you are born with this right as a human being.
- One can conclude that certain essential, or fundamental, rights should exist in any just society. It does not follow that each of those essential rights is one that we as judges can enforce under the written Constitution. The Due Process Clause is not a guarantee of every right that should inhere in an ideal system. Many argue that a just society grants a right to engage in homosexual conduct. If that view is accepted, the Bowers decision in effect says the State of Georgia has the right to make a wrong decision—wrong in the sense that it violates some people's views of rights in a just society. We can extend that slightly to say that Georgia's right to be wrong in matters not specifically controlled by the Constitution is a necessary component of its own political processes. Its citizens have the political liberty to direct the governmental process to make decisions that might be wrong in the ideal sense, subject to correction in the ordinary political process.
- Anthony Kennedy, Unenumerated Rights and the Dictates of Judicial Restraint. Address to the Canadian Institute for Advanced Legal Studies, Stanford University. Palo Alto, California. (1986-07-24 to 1986-08-01). (Also quoted at p. 443 of Kennedy's 1987 confirmation transcript).
- Your life brings you into a multiplicity of relationships with other people. Some of them love justice and righteousness; others do not seem to want to practice them-they do you a wrong. Your soul is not hardened to the suffering they inflict upon you in this way, but you search and examine yourself; you convince yourself that you are in the right, and you rest call and strong in this conviction. However much they outrage me they still will not be able to deprive me of this peace-that I know I am in the right and that I suffer wrong. In this view there is a satisfaction, a joy, that presumably every one of us has tasted, and when you continue to suffer wrong, you are built up by the thought that you are in the right. This point of view is so natural, so understandable, so frequently tested in life, and yet it is not with this that we want to calm doubt and to heal care but by deliberating upon the upbuilding that lies in the thought that we are always in the wrong. Can the opposite point of view have the same effect?
- Soren Kierkegaard Either/Or Part II, Hong p 347 (1843).
M - R
edit- That all men are by nature equally free and independent, and have certain inherent rights, of which, when they enter into a state of society, they cannot, by any compact, deprive or divest their posterity; namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety.
- [On completely popular government:] Its superiority in reference to present well-being rests upon two principles, of as universal truth and applicability as any general propositions which can be laid down respecting human affairs. The first is, that the rights and interests of every or any person are only secure from being disregarded, when the person interested is himself able, and habitually disposed, to stand up for them. The second is, that the general prosperity attains a greater height, and is more widely diffused, in proportion to the amount and variety of the personal energies enlisted in promoting it.
- John Stuart Mill, Considerations on Representative Government (1861), chapter 3, p. 55
- ‘Natural rights’...[is not] a true way of putting things—and certainly not the most useful and fertile way. Nature [is] simply the mastery of the strongest [and confers no rights on man]. Two savage tribes contend for a tract of land of wh[ich] they are in need for their subsistence: nature gave the right to this land to the tribe wh[ich] was strong enough to thrash the other. No right is worth a straw apart from the good that it brings: and all claims to rights must depend—not upon nature—but upon the good that the said rights are calculated to bring to the greatest number. General utility, public expediency, the greatest happiness of the greatest number—these are the tests and standards of a right; not the dictate of nature.
- John Morley to Joseph Chamberlain after Chamberlain delivered a speech in which he said that the propertied classes must pay a ‘ransom’ for holding property in violation of ‘natural rights’ (6 January 1885), quoted in D. A. Hamer, Lord Morley: Liberal Intellectual in Politics (1968), p. 153
S - Z
edit- You Own Your Own Life...
To lose your Life is to lose your Future, to lose your Liberty is to lose your Present
…and to lose the product of your Life and Liberty is to lose that portion of your Past that produced it
A product of you Life and Liberty is your Property- Ken Schoolland, The Philosophy of Liberty[1]
- Not only is democracy mystical nonsense, it is also immoral. If one man has no right to impose his wishes on another, then ten million men have no right to impose their wishes on the one, since the initiation of force is wrong (and the assent of even the most overwhelming majority can never make it morally permissible). Opinions—even majority opinions—neither create truth nor alter facts. A lynch mob is democracy in action. So much for mob rule.
- Linda & Morris Tannehill, Ch. 4, "Government—An Unnecessary Evil", The Market for Liberty (1970), pp. 33–34.