This is the ninth in a series on Franklin’s moral improvement plan, the rest of the posts are available here.
JUSTICE: Wrong none by doing injuries, or omitting the benefits that are your duty.
According to Herbert Spencer, there is one law from which all other laws spring: survival of the fittest. Every individual ought to benefit to the extent that he is well adapted to his conditions and suffer to the extent that he is ill adapted. Consequently, all behavior that is conducive to survival is just. But this seemingly selfish principle has a number of caveats.
In the first place, the survival of the species is paramount over the survival of the individual. Spencer comes to this conclusion by comparing the ultimate result of the failure to survive. If any given individual (or even a multitude) dies, the species may live on. But extinction of the species necessitates the death of every individual.
One consequence is that adults have an obligation to the children in their family-group. Although adults deserve benefits commensurate to their fitness, infants deserve benefits inversely to their fitness. “Within the family-group most must be given where least is deserved, if desert is measured by worth.” The adults, therefore, subordinate their own good for the good of the infants.
Likewise, in larger society, individuals subordinate their own good, to some extent, for the good of the group. In living together, each individual gains some additional security against evils and some benefits from cooperation. In exchange, individuals must accept a certain amount of restraint, giving up the freedom to act in particular ways that harm or endanger the group. And ultimately, some individuals may even be expected to die for the good of the group.
Although the sacrifice of some individuals appears to be the complete subjugation of the individual to the group, society remains reducible to the survival of the fittest individuals. After all, the species or group or family is merely an abstract aggregate of concrete individuals. As the overall mortality of the society improves with cooperation, individuals live longer. And the longer individuals live, the more time they have for their superior adaptation has to show itself. Each individual, is therefore in a better position than ever to benefit from his superior adaptation or suffer from his inferior adaptation. “And vaguely, if not definitely, this is seen to constitute what is called justice.”
Beer of the week: Strela Cabo Verde – Contract brewing is when a brewer outsources the production of his beer. Pabst, for example, does not actually brew any beer any more; all of their beer is contract brewed. This is also common with “foreign” beers. The Bass that I wrote about in an earlier post was brewed in New York.
Strela is a beer from Cape Verde, off the coast of Africa. However, this bottle was brewed under contract in Belgium. On one hand, I would like to try an actual African beer. On the other, I am skeptical about the quality of African beer and well acquainted with Belgian beers. Unfortunately, this is probably the worst beer I have ever had from Belgium. Strela is a very pale adjunct lager. It smells of corn and tastes… bad. I hope that the stuff that is actually brewed in Cape Verde is better than this.
Reading for the week: Justice by Herbert Spencer – The chapter preceding this selection applies the principles of justice to the animals. Like human society, animal society develops more pronounced justice as the society becomes more complex.
Question for the week: Spencer acknowledges that as societies become more organized, individuals gain more benefits, but individuals also also become more constrained. And in some instances, society may demand more from an individual than he gains by being a member. Is there an inevitable tipping point resulting of the growth of society? Must increased organization always tend to a point where constraint outweighs benefit?
“The American of today, in fact, probably enjoys less personal liberty than any other man of Christendom, and even his political liberty is fast succumbing to the new dogma that certain theories of government are virtuous and lawful, and others abhorrent and felonious. Laws limiting the radius of his free activity multiply year by year: It is now practically impossible for him to exhibit anything describable as genuine individuality, either in action or in thought, without running afoul of some harsh and unintelligible penalty. It would surprise no impartial observer if the motto “In God we trust” were one day expunged from the coins of the republic by the Junkers at Washington, and the far more appropriate word, “verboten,” substituted. Nor would it astound any save the most romantic if, at the same time, the goddess of liberty were taken off the silver dollars to make room for a bas-relief of a policeman in a spiked helmet. Moreover, this gradual (and, of late, rapidly progressive) decay of freedom goes almost without challenge; the American has grown so accustomed to the denial of his constitutional rights and to the minute regulation of his conduct by swarms of spies, letter-openers, informers and agents provocateurs that he no longer makes any serious protest.” – The American Credo (1920)
In the nearly 90 years since George Jean Nathan and H. L. Mencken published The American Credo, the country has changed quite considerably. It seems worthwhile to make note of some of the ways that their predictions have turned out:
- “[T]he dogma that certain theories of government are virtuous and lawful, and others abhorrent and felonious” has been a staple of American foreign policy since the book was published. The whole of the Cold War was dedicated to the proposition that American-style “democracy” is morally superior to Soviet-style “communism”. Our latest military adventures have likewise been sold as “spreading democracy” to countries that have “bad” governments. (Even as the United States has actively participated in propping up violent dictators, so long as they were adequately pro-American, if not pro-democratic.)
- It is more true than ever that virtually all actions violate some law or other. Federal laws alone are now so numerous that literally nobody can say how many there actually are. Additionally, many federal regulatory bodies have the power to enact rules and regulations that carry criminal penalties. So while there may be as many as 4,500 federal criminal laws, there may also be as many as 300,000 federal regulations with criminal penalties. Consequently, it remains nearly impossible to do anything “without running afoul of some harsh and unintelligible penalty.”
- “In God we trust” is subject to more or less constant attacks, but so far without any success.
- The goddess of liberty has been removed from our dollar coins. Her first replacement was Dwight Eisenhower, former general and chief executive. Not quite a “policeman in a spiked helmet,” but not too different either. Eisenhower gave way to more peaceful images of Susan B. Anthony and then Sacagawea. Now we are back to the presidents, although the mint now has such an insane supply that they have stopped releasing new presidential dollar coins into circulation. More important than the image on the coins, however, is the fact that in the middle of the 1960’s the United States officially reneged on the promise to pay silver on demand for its notes, paving the way for unprecedented manipulations of the supply of money.
- The “swarms of spies, letter-openers, informants and agents provocateurs” are still at work in this country, but with more power than ever. Whistle-blowers such as Edward Snowden have helped to highlight just how vast and pervasive American government spying is. And, true to Mencken’s observations, the vast majority of Americans do not put up any real protest.
The more things change, so they say, the more they stay the same. But it is hard to believe that even Mencken and Nathan could have been so cynical as to foresee the world as it is today. Surely the constant, and actually accelerating, decay of freedom must have a breaking point. How vast our freedom must have been if we are able to have lost so much.
Beer of the Week: Zlatý Bažant (Golden Pheasant) – Although I have been aware of this Slovakian beer for quite a while, I never tried it until now. When I saw Golden Pheasant for sale in the past, it was always brewed under contract in the Czech Republic. This bottle, however, is the real deal from Hurbanovo, Slovak Republic. The beer is pretty and golden, with a nice white head that leaves decent lacing. It seems very much like any Czech lager, but there is something about it that seems a bit off, particularly in the aftertaste. It really is an ok beer, but there is just something about the Golden Pheasant that I don’t care for.
Reading of the week: The Spy by Svetozár Hurban-Vajanský – Hurbanovo, Slovakia, as it turns out, is named for Jozef Miloslav Hurban, a prominent Slovak freedom-fighter against the oppressive Hungarian regime. His son Svetozár Hurban-Vajanský was a poet and also a prominent Slovak nationalist. So a Hurban-Vajanský poem seems like a good pairing for Golden Pheasant. — The extensive use of spies and secret police against citizens is a sure sign of trouble for all freedom-loving peoples. It has been repeated through history, and the rulers who use those tactics number among the most notorious names in the annals of human society. This poem is a parody of the creation of man from Genesis. The devil forms a body of clay (and spit) and breathes life into it. And the result is not an ordinary man, but something far more evil: a spy.
Question of the week: There is an expression, the origin of which I cannot locate: “agent provocateur is a job so despicable that there is no word for it in the English language.” Do you know who said that? And is the agent provocateur really the worst sort of spy?
Peer pressure is an interesting and familiar phenomenon. It can also be very dangerous, particularly when alcohol is involved. The classic form of peer pressure is “to be one of us, you must do x“. If “x” is drinking, smoking, stealing, etc., this can be very problematic indeed. But peer pressure can also be used to encourage more positive behaviors or to enforce less dubious social mores. (“If you want to be one of us, you have to be respectful.”) So peer pressure is not bad per se.
One particular form of peer pressure that deserves a closer look is when there is a very specific non-peer group used as a counter example. In this sort of peer pressure, the form is “do NOT do x, lest you become one of them.” There remains the implicit pressure to conform to one’s own peer group, but the pressure is compounded by vilifying another group.
The Laws of the Old Testament are full of this sort of admonition. A several acts are proscribed specifically because they are perceived as gentile behaviors. And even when certain things are prohibited for reasons other than to keep the Jews separate from the rest of the world, there is still a hint that being different from the gentiles is the real goal. Moses Maimonides explained that the prohibition on eating pork was for sanitary reasons. Even so, he made a point of bad mouthing the (Christian) French while he was at it. “[W]ere it allowed to eat swine’s flesh, the streets and houses would be more dirty than any cesspool, as may be seen at present in the country of the Franks.” Don’t eat pork, or you will be like the French.
Likewise, in A Counterblaste to Tobacco, King James I of England railed against the use of tobacco, arguing in part that it is unbecoming of Englishmen to take on the habits of “beastly Indians.” For good measure, he even points out that the English disdain the habits of the French and Spanish. If they refuse to adopt the customs of their near neighbors, how much worse is it to imitate New World savages?
Of course, the French were not only on the receiving end of this type of negative peer pressure; they practiced it as well. After invading Egypt, the use of hashish among the French became popular. Napoleon supposedly banned the consumption of hashish, not because of it’s deleterious effects, but because he did not want to see Frenchmen adopting the habits of lower-class Egyptians.
On this side of the Atlantic, the same thing can be observed. In addition to banning tobacco and alcohol, the Mormon prophet Joseph Smith forbade his followers from drinking tea and coffee. One of his supposed revelations from God was that “hot drinks are not for the body or belly.” Frankly, I do not know if the prohibition on tea and coffee was specifically for the purpose of further separating Mormons from the rest of American society. But it is worth noting that something like 90 percent of American adults consume caffeine daily, making it the single most popular drug in the country. If the goal is to separate themselves from the rest of society, a rule against coffee seems like a good starting place.
About a century ago, the Department of Agriculture relied partly on the vilification of the others in advocating the prohibition of cannabis. In a report by R. F. Smith, the Department concluded that, “[t]he sale of the drug [marijuana] is not confined to Mexicans. American soldiers, negroes, prostitutes, pimps, and a criminal class of whites in general are numbered among the users of this weed.”
There you have it, don’t eat pork, lest your cities stink like France. Don’t smoke tobacco, lest you take on the habits of savages. Don’t take hashish, lest you be like lowly Egyptians. Don’t drink beer, wine, coffee, or tea, lest you fall in with non-Mormon Americans. And don’t smoke hemp, lest you be like Mexicans, negros, pimps, and the criminal class in general. You don’t want to be like any of them, do you?
Beer of the week: Dundee English-Style Ale – There may well be legitimate reasons to avoid pork, coffee, tobacco, alcohol, hashish, and cannabis. (Legality and health concerns spring to mind in particular cases.) But the fact that some group of “other” people consume them is not a legitimate reason. So I am going to smoke the occasional shisha (tobacco) and cigar. And drink this beer. Dundee English-Style Ale is a dark brass-colored ale has a foamy white head that leaves good lacing down the glass. The aroma is slightly sour and malty, like sourdough. The body is malty with hints of sour and spice. Overall, very nice beer. Dundee proves to be a good value yet again.
Reading of the week: A Counterblaste to Tobacco by King James I of England – Jeremy Bentham wrote of this pamphlet, “as the circumstances of the times did not afford the same facility of burning tobacco-smokers as for burning Anabaptists, [King James] was forced to content himself with writing a flaming book against it.”
Question of the week: Have you seen peer pressure used for good?
Near the end of his life, Thomas Jefferson found himself in a tight spot financially. He had spent the previous 60 years or so in the public service as President, Vice-President, Governor, Ambassador, Regent of the University of Virginia, etc. These various services to his country and state kept him, so he claimed, from properly attending to his own affairs. As a result, he ended up deep in debt.
His solution was to sell some of his property to pay off his creditors. However, the land was very valuable and the market was very depressed, so he feared that there would be nobody willing to pay full price. As an alternative to traditional sale, he proposed a lottery. By putting up the property as the prize of a lottery, he believed that he stood a better chance of receiving full value for the land. The only problem was the the Commonwealth of Virginia regulates all lotteries, so Jefferson would need special dispensation from the legislature. So he made an appeal, recounting all of his services to state and country and waxing philosophical about the moral implications of gambling.
Jefferson starts this appeal by acknowledging that “chance” is merely the name given to causes that we do not or cannot know. “If we know the cause [of a thing], we do not call it chance; but if we do not know it, we say it was produced by chance.” So every human endeavor includes some element of chance. He calls the farmer “the greatest of all gamblers” because the farmer risks his rent, his seeds, and his labor on a crop that may fail because of things beyond his control. And because all human action is a gamble to some extent, gambling cannot be immoral per se. So far, so good.
But then Jefferson holds in opposition those games of chance that are not productive in the way that insurance or capital investment are. (I briefly observe that games of chance are productive in the form of entertainment, which can be hard to measure but clearly has value.) He writes of “cards, dice, billiards, &c.” as games “which produce nothing, and endanger the well-being of the individuals engaged in them.” And he lauds the state’s suppression of these games for the sake of those who would be injured by playing and losing. Here, I think, Jefferson busts.
Jefferson acknowledges that there is a natural right to gamble. This, I take it, is based on two considerations: first, as discussed above, gambling is not immoral per se, but is merely another term for the risks that all of us take in each of our daily actions; and second, that the natural right to property necessarily includes the right to dispose of it by sale, gift, or game of chance. (A previous post on this blog discusses the curious relationship between Jefferson’s and Locke’s notions of the natural right to property.) So once gambling is acknowledged as a natural right, how can its prohibition be justified?
The justification is by way of analogy. The analogy drawn by Jefferson is between degenerate gambling and “insanity, infancy, imbecility, &c.” If a gambling addiction is a sort of madness, then the state is right to prohibit gambling for the protection of the addicts. But even if we agree that a gambling addiction is akin to a mental handicap – which is at least debatable – the analogy is somewhat unfair. Why should all table games be banned for the protection of the fraction of the population that suffers from a gambling addiction? If we do not allow children or the mentally ill to drive cars by virtue of their infancy or insanity, that does not mean that we would authorize the state to ban cars outright. And if cars are too modern a concept, then consider an example of what children and the insane could not do in Jefferson’s day: neither group was capable of entering into legally binding contracts. Yet Jefferson would not have advocated the notion that the enforcement of all contracts should be banned for the sake of the children and the insane. Rather, the intervention of the state should be limited to protecting the narrow subset of individuals while interfering as little as possible with the rights of everybody else.
Beer of the week: Wieselburger Gold – Jefferson may have found himself short on gold, but who isn’t? If the name “Gold” is used to describe the color this Austrian beer, the name is not very apt. This brew is much more pale than anything that I would call gold. If the name refers to the quality of the beer, they still come up a bit short; this is a bronze medal beer, silver at best. What little head there is dissipates quickly, and there is hardly an aroma to speak of. However, the flavor is not without its charms. There is a bit of malt sweetness up front, and a floral, hoppy finish that leaves the mouth feeling dry, always encouraging the next sip.
Reading for the week: Thoughts on Lotteries by Thomas Jefferson – There is more to dislike about this appeal than the weak analogy between gamblers and the insane. Notably, Jefferson discusses his own political career at length and argues that he should be entitled to exceptional treatment by the legislature on those grounds.
Question for the week: Is there a formula for what percent of the population is impacted before rightful actions should be banned?
The overwhelming majority of lawsuits settle before trial. By some estimates, fewer than 1 out of every 10 cases make it all the way to trial. And for the most part, settlement is the best option for both sides. Going to trial means more court fees, more attorneys’ fees, and, perhaps most importantly, the possibility of simply losing. A litigant who is able to accurately and rationally appraise the value of his case and the probability of success should be able to negotiate a settlement that minimizes his costs and risk. In that light, it seems that the biggest obstacle to settlement is the simple fact that people are not all that rational.
In The Death of Ivan Ilych, Tolstoy presents a beautiful example of a man who rationally knows one thing, but nonetheless refuses to believe it:
The syllogism he had learnt from Kiesewetter’s Logic: “Caius is a man, men are mortal, therefore Caius is mortal,” had always seemed to him correct as applied to Caius, but certainly not as applied to himself. That Caius—man in the abstract—was mortal, was perfectly correct, but he was not Caius, not an abstract man, but a creature quite, quite separate from all others. He had been little Vanya, with a mamma and a papa, with Mitya and Volodya, with the toys, a coachman and a nurse, afterwards with Katenka and will all the joys, griefs, and delights of childhood, boyhood, and youth. What did Caius know of the smell of that striped leather ball Vanya had been so fond of? Had Caius kissed his mother’s hand like that, and did the silk of her dress rustle so for Caius? Had he rioted like that at school when the pastry was bad? Had Caius been in love like that? Could Caius preside at a session as he did? “Caius really was mortal, and it was right for him to die; but for me, little Vanya, Ivan Ilych, with all my thoughts and emotions, it’s altogether a different matter. It cannot be that I ought to die. That would be too terrible.”
The Stoics equate nature, god, and reason. The highest good for man, therefore, would be to achieve purely rational thought. The problem, as Tolstoy observes, is that human thought will always consist of an admixture of reason and emotion. In this particular example, self-love clouds the reasoning of Ivan Ilych. In other cases, including a great number of lawsuits, anger or other emotions interfere with one’s ability to think clearly. One simply cannot be purely rational. For the Stoics, self-love and emotions are to be overcome in the name of reason. For Tolstoy, however, a purely rational life would be no life at all. What makes us human is not our ability to reason alone, but all of our emotional and mental capacity.
Beer of the week: Nikšićko Pivo – Tolstoy lived through the Russo-Turkish War of 1877-1878. The culmination of that conflict was the Treaty of San Stefano, which granted the Principality of Montenegro official international recognition and expanded territory. Part of the new lands acquired included the city of Nikšić. And it is from Nikšić that this week’s beer comes. Frankly, I hoped for more from my first beer from Montenegro, and I really did not expect much. Despite the artificial coloring listed in the ingredients, the beer is still very pale. It pours with heaps of white foam. There is not much going on flavor-wise in Nikšićko, mostly just cheap grain and a slightly metallic aftertaste. Oh well.
Reading of the week: The Death of Ivan Ilych by Leo Tolstoy, Chapter VI – The above-quoted syllogism is somewhat novel to me. I had always heard it with Socrates rather than Caius. This reading really says a lot about the way that humans think, especially how they think about themselves in relation to the rest of the world.
Question for the week: How often do you persist in something out for emotional reasons when you know rationally that it is the wrong choice?
The death of Justice Antonin Scalia last week revealed yet again the terrible state of political discourse in our country. One clear problem involves the call by Senate Republicans to block any and all Obama nominations. This certainly looks like a dereliction of duty, and has been called an “impeachable offense.” (Of course, the most vocal critics of this behavior, ignore the attempted filibuster by Senators Kerry, Clinton, and Obama upon the nomination of Justice Alito.) But what I think is more telling is the personal vitriol toward members of the Court.
All of the biggest political actors had the tact to express their condolences at the death of Justice Scalia, but plenty of casual tweeters expressed their joy. Even worse than the schadenfreude over the death of a Supreme Court Justice were the attacks on (the still very much alive) Justice Thomas. Thomas became a “trending topic” on Twitter because there were so many people wishing that he would be the next member of the Court to die. Two particular themes came to the surface though these Tweets: the perception that Thomas was a mere puppet who always followed Scalia, and the racially charged claims that Thomas was either a slave or a traitor to his people.
I will ignore the racial statements. Those who made them deserve our scorn, but the statements themselves are not worth addressing. They are beneath the dignity of the Court and they are beneath me. The idea that Thomas was a puppet for Scalia, however, is worth evaluating.
According to SCOTUSBlog, Scalia and Thomas agreed in 78% of cases. This is lower than the percentage of cases where Thomas agreed with Alito (81%) and lower than the percentage of cases where Scalia agreed with Chief Justice Roberts (84%). But perhaps more tellingly, that number is positively dwarfed by the percentage of cases where the liberal justices agree. That same source tells us that Justice Breyer agrees with each Justice Ginsburg, Justice Kagan, and Justice Sotomayor a full 94% of the time. The lowest agreement rate among the liberal justices is 91%. Any claim that one or more of the Supreme Court Justices are mere puppets who vote the way they are told is probably nonsense. But if there is any legitimacy to the idea, the statistics indicate that we should be looking at somebody other than Thomas.
There are plenty of areas where I disagree with Justice Thomas, but it is simply ignorant to claim that he is not an independent thinker. He is a prolific dissenting voice on the court, and perhaps that alone is worthy of admiration. It would have been so much easier for him to “just go along” with Scalia, but Thomas was and is his own man.
Beer of the week: Yankee Buzzard IPA – This IPA from Wisconsin Brewing Company is also known as beer #002. Yankee Buzzard is hazy and has a pleasant, hoppy aroma. Hops certainly dominates, but unlike in many IPAs, here they are balanced nicely with the malty body. This is a very good IPA, especially for somebody who does not favor over-the-top bitterness.
Reading for the week: Kelo v. New London, Dissenting Opinion of Justice Clarence Thomas – The City of New London used eminent domain to kick several of its citizens out of their homes and turn the land over to the drug company Pfizer. The Supreme Court ruled that the city did not violate the Constitution by doing so. Justice Thomas, predictably, dissented. In part, I chose this reading because the public response to this case was so negative; most states now have laws that prevent this kind of eminent domain action. But mostly, this reading shows the way that Justice Thomas works. His appeals to original texts are especially interesting to me. (In case the Readings page of this blog left any doubt on that point.)
Question for the week: Do the Justices of the Supreme Court venture too far into the world of practical politics (as Justice Thomas believes), or does the Supreme Court have a right (or duty) to effectuate policy?
It is no secret that the philosophy of John Locke was a profound influence on the American Founding Fathers. After all, his concept of natural rights to life, liberty, and property was prominently displayed at the beginning of the Declaration of Independence. But there was also a dramatic change in that document’s language: “property” was replaced with the “pursuit of happiness.”
First, let’s be clear on what Locke actually said: “The state of nature has a law of nature to govern it, which obliges every one: and reason, which is that law, teaches all mankind, who will but consult it, that being all equal and independent, no one ought to harm another in his life, health, liberty, or possessions.” How “health” got dropped from popular discourse, I do not know. I suspect that health can easily be subsumed by life, liberty, or both. Health is an integral part of life since an ultimate failure of health results in death. It is also an integral part of liberty, since any failure of health impairs liberty to some extent and a serious failure of health (just short of death) totally prevents one from exercising his liberty. (Those in a coma, for example, can hardly be considered “free”.) So, with health out of the way, we are left with the common formulation of Locke’s natural rights: life, liberty, property.
But when it came time to draft the Declaration, Thomas Jefferson substituted “the pursuit of happiness” for “property.” But why? I have done a little reading and asked a few professors, and gotten three answers:
1. That Jefferson, a land-owner, was appealing also to those who did not own land. Since he did not advocate a system where all men got an equal share of the land, he substituted the pursuit of happiness as something that everybody could achieve (even those destined to be tenants.)
This answer seems least likely to me. Of course the Declaration was a practical document, intended to rally support for the cause of independence, but it was also an exposition of Jefferson’s philosophy. Would he really substitute an entire third of his philosophy of natural rights for a relatively minor appeal to the lower class colonists? I am extremely reluctant to consider anything in the first part of the Declaration to be disingenuous. (Whether all of the complaints leveled at King George were all made in good faith is another question.)
Further, under Locke’s formulation, the right to property relies on the assumption that there is enough property to support everybody. The American continent was regarded as practically limitless in size at that time. Why would Jefferson object to the idea that anybody who did not then own land could just move west and acquire property by mingling his labor with the land? And if he did believe that, then why not present that as yet another reason why even landless Americans should support the cause of independence?
2. That the right to property is merely a subset of the right to pursue happiness.
What could that really mean? Even if we allow that acquisition and possession of property is but a single possible path to happiness, what else falls in that category? What else is included in the right to pursue happiness that is not already included in liberty? And how are these other subsets of the right to pursue happiness related to the right to property?
I have heard that the pursuit of happiness can be divided into pursuit of earthly happiness (i.e. through the acquisition of property,) or heavenly happiness. This makes this language a nod to freedom of religion.
It is worth noting that later in 1776, but also in Philadelphia, another important document was drafted: the first Constitution of Pennsylvania. In its Declaration of Rights, the drafters asserted “That all men are born equally free and independent, and have certain natural, inherent and inalienable rights, amongst which are, the enjoying and defending life and liberty, acquiring, possessing and protecting property, and pursuing and obtaining happiness and safety.” Here, the pursuit of happiness is separate from the right to acquire, possess and protect property. It appears that at least the Pennsylvanian Founders did not consider property rights to be a mere subset of the pursuit of happiness. Religious freedom was also provided for by the Constitution of Pennsylvania, undermining the earthly/heavenly distinction suggested above. If property and religion are the two parts of the pursuit of happiness, why name all three separately?
3. That Jefferson did not believe that property rights were natural rights; that property rights are derived entirely from society.
This is a very interesting answer to the question of why property is replaced by the pursuit of happiness. I first saw this hypothesis in an article by Albert Alschuler of the University of Chicago. Alschuler claims that Jefferson’s departure from Locke on the point of property is the result of Jefferson siding with Scottish Enlightenment thinkers (including Lord Kames, Francis Hutcheson, Adam Ferguson, Adam Smith, and David Hume) on the issue. The Scots apparently diverged from Locke on the question of whether property rights were natural or wholly societal in origin.
Of course, this could explain why the right to property is not listed in the Declaration, but it does not explain what the pursuit of happiness is. I’d better do some more reading and have a beer…
Beer of the week: Philadelphia Pale Ale – From the same city that brought us the Declaration of Independence, the Pennsylvania Constitution, and the United States Constitution comes this pale ale. Yards Brewing Company produces this very light-colored beer. It is very crisp and refreshing despite a decent malt body. Although it is an ale, it drinks more like a pilsner. I think that this beer is quite good.
Reading of the week: Pennsylvania Constitution of 1776, Declaration of Rights – The rights to life, liberty, and property are accounted for by this document, but there are a great number of more particular rights besides. Among the rights provided for are procedural protections for criminal defendants, freedom of speech, freedom of religion, and the right of the people to modify or abolish the State government if they deem it best to do so. And, since the state was founded by Quaker pacifists, the right of a conscientious objector to refuse military duty is also guaranteed (provided he pays for a replacement).
Question of the week: What is the pursuit of happiness?