AUGUST 14, 2012 8:30PM

Of Ryan and Rights: The Declaration and Political Theory

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Some people think that to use the Declaration of Independence as a text for political theory is corny, although why one would substitute say Ayn Rand from the Right or Marx or any number of Leftists is beyond me, as to if there is anything radical about Vice Presidential nominee Ryan saying that rights have divine or in some sense non-human origin.

As to be argued below, there is nothing radical in such an argument at all, and those on the Left who wish to smash that argument should think carefully about doing so, as all arguments that rights are contingent lead in extremis to the gas chambers, gulags, nuclear war and such horrors.

Infanticide for example has been justified by Princeton scholar Peter Singer on exactly such human based reasoning, for an example of the dangers of unmooring States from some form of divine sanction, even if one, like Plato, regarded that as a "Noble Lie."

But as to Ryan saying rights have non-human origins, just read the Declaration's opening text.

"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable 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 to 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. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn that mankind are more disposed to suffer, while evils are sufferable than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security."

In the author's view, that remains the most compact statement of modern political theory, noting that where do rights come from in the Declaration of Independence?

Rights are an endowment of Our Creator.

As to why that remains a useful concept, many human lives in a narrow sense are displeasing to some.

For the Left, the lives of the rich are displeasing, which is why radical leftists have always objected to the Lockean definition of freedom in the Declaration.

For the radical Right, the lives of the weak are displeasing, if only for aesthetic reasons as to "deformity." That is why the first people the Nazis came for were the mental patients, since as a practical matter, many of the severely mentally ill are inconvenient to society in narrow utiliatrian terms, if once one admits that principle, the State truly can become a terrifying Leviathan indeed, something the modern Left ought to see as a danger to bashing someone just because they think "rights" as such have non-human sanction.

Now of course, what people often do is stop at the first sentence, and therefore miss the true brilliance of Franklin and Jefferson, as to the relationship between Natural Law of "Self-evident" and "endowed by their Creator," and the utilitarianism of what follows, somewhat in tension.

After arguing that men are endowed by their Creator with rights, and that governments exist to secure those rights, which in itself creates a right to revolution, they than back off that truly radical concept in two ways.

First, they note most of the time as a factual matter, people put up with a lot of stuff, and so practice and the bloody prudence of revolutions means that you don't want such things willy-nilly.

Second and more to the point here as to Ryan, the Founders then also argue that if rights have divine sanction in some sense, then in practice what is effective is what should be adopted (...as to them shall seem most likely to effect their Safety and Happiness).

But to claim that in and of itself to claim that rights have divine or non-human sanction is what makes one a radical in itself reveals you as the radical, not Ryan, whatever other flaws he may have.

finis

finis

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I think the claim of rights descending from a Creator, or God or Nature's god, isn't necessarily a firm statement of Divine Origin, nor can it be and remain consistent with Locke on tolerance or freedom of or from religion.

Because you can't force a belief, you can't force a godly origin of rights upon the non-believer. If you want to believe in that godly origin for yourself or even others, that's fine, as long as you don't try to append that interpretation upon the unwilling.

Because the a priori nature of claim-as-truth is a foundational authority from which flows the philosophy of liberty, it has to cite an ultimate authority. It could be stated as a demand only, but that somehow comes up short of the really, really, for sure, indisputable ultimate authority of The Creator.

If one sees both truths in the statement of natural rights, then one can avoid the inclination to misinterpret it as having theocratic intent, and thus prevent nullifying the liberty intent.

Amen. :)
If rights are completely contestible, then it is mere matter of convenience as to the taking of life being a good thing or bad thing, or hooey.
Don,
All rights are contestable, even natural rights, in an individual or societal sense, outside the role of philosophical foundation. So, not completely contestable, but also not always inalienable. We do sanction those who violate others natural rights by denying them those rights. The murderer is executed, the thief imprisoned, etc.
When we mitigate a right in order to preserve rights, we are contesting the right to the degree we refine its limits.

If we step back a bit from any even remotely religious relation to Natural Rights we arrive at the intent and meaning anyway -- that they are True, have always existed and always will. Better that than improperly confusing them with religious intent, and that's one problem "social conservatism" has inflicted upon America.

The Radical Right's tale of the US as a Christian Nation -- beyond the way it would be described based only on the most prevalent religion -- is the corrupt belief that had Jefferson-as-Enlightenment Philosopher deleted from Texas school books. They don't even mention The Enlightenment. Spreading those theocratic lies has become a pastime and profitable pursuit on the Right.

That passage from the Declaration has been abused and misused by those social conservatives who would defeat American liberty by inflicting the country with theocracy -- a misreading completely in absolute conflict with Jefferson's intent and American tradition. That's why understanding the philosophy behind our theory of natural rights is essential -- if we don't, then those rights are subject to death by ideology -- a sort of natural rights suicide, even though the "social conservatives" pulled the trigger.
The error in the whole thing is in combining the notion of individual "rights" with the notion of "government."

A government, by definition, governs. In order to do so it arrogates to itself greater "rights" than are held by those it governs. Every government known to man, is made up of human individuals of no greater or lesser knowledge or ability than the population. Yet every one of them has and does continually take to itself greater and greater "rights" to determine what the other individuals under its sway will do.

To facilitate this control, governments eventually attempt to control what individuals will say. In time it goes even further and attempts to control what people will think.

Modern governments have not escaped this syndrome. Certainly not the USA whose government is engaged in massive efforts of propaganda and thought control.

If the population wishes to take to itself certain rights, then it must, of necessity, also take to itself the duties of social management that are commensurate with those rights. It matters not whether such rights and duties are endorsed by some "higher power" unless that higher power is personally prepared to step in and allocate duties and rights to each and every individual, WITHOUT a human interpreter or intermediary of any kind.

Governments are not the manner in which this can be done. Actually governments are an impediment to it being done in a fair, equitable and democratic way. But such a society is not for those too lazy or "too busy" to govern themselves. It is only for those who will take on the duties of self-government. Until a society arises that is prepared to do that, the only "rights" the population will have are those "allowed" to them by the governing elite.

And it matters very little how that governing elite comes to be. One chosen is no less self-interested than one imposed. Such a body will, as history shows us abundantly, serve its own interests above those of those it governs. Always.
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Sky,

So perhaps we keep it fluid?Should we bring term limits into play, as even the individual with the purest of intentions incrementally becomes something he/she would not have recognized after years of being romanced by the machine.
The problem with rightists like Ryan who claim divine rights is that it then leads them to claim that they are in possession of The Absolute Truth because God talks to them in their head. See G.W. Bush and his religious hooey as just for a starter as to where that line of thought goes. I much prefer atheists, thank you very much.
How this skypixie fundamentally misunderstands today's polity. "Governments are engaged in thought control, attempting to limit the free speech of their citizens." What total balderdash. THE COMPLETE OPPOSITE is happening moron, with the free-for-all of the Internet and the boisterous nature of endless conversations being the norm. Are you blind and deaf? Do you think the Government gives a damn that there is a Communist or Anarchist Party? Does the Government try to control their speech? It isn't necessary because the society is pluralistic and multiple centers of power act as checks and balances against any one faction gaining supreme control. Just because you don't like the right wing nature of the dominant political culture and discourse of the society you can't blame it on thought control you moroness. It just happens that there is a multitude of people in the Red States and elsewhere who endorse the dominant culture. You're an idiot skypixie. Get an education in life and/or politica reality.
@Jay,
You're on the right track. Unfortunately what you suggest is only a band-aid solution. We have really got to get away from the whole concept of having a few people govern all of us. This idea has been around for donkey's years and has NEVER worked out well for the majority of the society's citizens.

One of the worst results of such is war. Search history for any example of a population initiating a war with another population. I've never found even one example of this. It is ALWAYS the darned "leaders" - elected or otherwise - who start the wars. Their excuses for doing so are ingenious and varied but always boil down to, "we want what you have" and/or "we're going to tell you what you may do, or say, or think, or believe."

I have in mind a society where all responsible citizens are available to take a turn at helping to manage their society. To prevent anyone from making such an occupation a career, and selling out to wealthy interests, each person would only serve one term during his lifetime. I'd suggest that selecting who will serve be done by lottery instead of elections. A lottery will provide a broad cross-section of the population and will represent all its facets; black, white, brown and oriental; old, young, and in between; rich, poor and middle class; liberal, conservative, and green; etc. The evil of prejudice and bias can't gain traction in such a system. Special interest groups - such as the wealthy or the poor - cannot dominate such a society.

Contrary to the BS that we are fed, our present government is NOT comprised of extraordinary people. It is comprised of average people with extraordinary powers, who use those powers to further their own interests and, in doing so over long periods of time, form an "understanding" with their fellow politicians. This works entirely against the citizens and good social order.

There's an old adage that goes, "If you want something done right, you have to do it yourself." This is especially true of the management of a nation. Unless and until every citizen is ready, willing, able, and desirous of taking part in the running of the country, it will not (because it cannot) ever be a democracy or able to serve the interests of the citizens.

I have more to say about this here.......
THOUGHTS IN THE NIGHT

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Governments by their nature can be very dangerous, for reasons our Founders understood well, all the arguments about being in the Declaration in the second lines as to what justifies both a governent and a revolution.
Our government can be dumb and domineering at times, but its also hardly all bad, and not the worst, although in the end, I think the traditional Liberal of the nineteenth century argument for a small state, ceteris paribus, is for the best, if, capture in the sense of special interests wielding outlandish power has anywhere and everywhere been a difficult nut to crack, and the interests are not merely of a material character, but also in foreign policy, and even name, all identified in Federalist 10.
Part of the point I was hoping to get at is that we need not look to new things as much as people want to say, as all the issues in politics were well-understood by the people who wrote the Decleration and the Constitution, if they disagreed.
The advantage in conducting the debate in terms of the past is quite real, because then it is not our ego inventing things, and we can see the fundamentals more clearly.