A Curious Substitution

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…

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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?

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Intemperate Minds

Freedom is an oft recurring theme on this blog. Often the subject is freedom from economic restrictions or government imposition. But there are other forces out there that restrict one’s freedom. For some people alcohol is one of those forces. As the members of Alcoholics Anonymous put it, “we are powerless over alcohol [and]… our lives have become unmanageable.” The bondage of addiction hints at an important questions about liberty.

Edmund Burk wrote that “men of intemperate minds cannot be free. Their passions forge their fetters.” To be governed by ones passions or addictions is to be a slave. As a consequence, there are those who argue that certain substances and actions should be banned in an otherwise free society. Liberty must be preserved by prohibition. Although paradoxical, the logic is this:

The decision to give up one’s freedom is inconsistent with being a member of a free society.
Therefore, one may not choose to be a slave.
Freedom to consume alcohol is the freedom to become an alcoholic.
But to be an alcoholic is to be a slave to alcohol.
Therefore, a free man may not consume alcohol.

Of course there are other arguments put forward by prohibitionists, but this rationale is the most interesting to me: freedom to drink (or use drugs, or buy sex, or smoke cigars) is false freedom since it leads to intemperance. And intemperance, as Burke said is slavery. So to prevent people from becoming slaves to their passions, they must be denied the freedom to drink (or use drugs, or buy sex, or smoke cigars).

One might argue that the word slavery is being thrown about a little too freely here. It may be a mistake to conflate slavery to addiction with chattel slavery. However, there are certainly those who believe that slavery to alcohol is as bad as actual slavery. As Frederick Douglass wrote “we had almost as well be slaves to man as to rum.” Both an escaped slave and a teetotaler, Douglass looks at the issue from an interesting perspective.

Although I have never been an addict or a slave, I do not think that slavery to alcohol is really comparable to chattel slavery. Further, I do not buy the argument that the only way to ensure freedom is to prohibit things that might lead to dissipation. In fact, I think that it is quite the opposite.

But this is not a new debate. After all, the first prohibition was on eating apples. So why did God put the tree in the garden if he knew that to eat from it was to die? Because, as the serpent pointed out, if there is no choice then there is no liberty.

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Beer of the week: King Cobra Premium Malt Liquor – The serpent convinced Eve to eat of the fruit, so it can probably convince somebody to drink malt liquor. Malt liquor, as it turns out, is the sort of thing that alcoholics (and poor ones at that) would drink. As noted before, the designation of “malt liquor” in the United States basically just means “cheap, high alcohol beer”. A six pack of King Cobra is about 15¢ more that a sixer of Big Flats Light, but at 6% alcohol, this is the obvious choice for the drunk on a budget. That is until it is poured (although I think that it is more standard to consume King Cobra straight fro the can or 40 oz. bottle). This beer is very pale and very carbonated. Though the head fades very quickly, it is snow white and made of big bubbles, like a soda pop. It smells of cheap grain. The flavor is not as aggressively bad as expected. It has hints of apple juice and the strong carbonation leaves a pleasant fizzy tingle on the tongue. 

Reading of the week: Narrative of the Life of Frederick Douglass by Frederick Douglass – Just last week I wrote about how unreliable autobiographies can be. But I never said that they are not worth reading. In this passage, Douglass describes how slaves are given excessive amounts of alcohol to convince them that they are better off as slaves than they would be if they had to make their own choices. “Thus, when the slave asks for virtuous freedom, the cunning slaveholder, knowing his ignorance, cheats him with a dose of vicious dissipation, artfully labelled with the name of liberty.”

Question of the week: Does the above rationale for prohibition make sense despite its paradoxical nature? Are there other, more valid reasons to support prohibition?


On the Liberty to Have Happy Hours

In the Commonwealth of Massachusetts, it is illegal for bars offer special prices on alcohol. There are no “Happy Hours”. There are no “beer of the night” deals. Never can a patron purchase a wristband that entitles them to an indefinite number of drinks. Nominally, this statutory ban on non-uniform pricing is intended to reduce the incidence of drunk driving. In reality, however, it smacks of good old fashioned Puritanical objection to enjoyment.

The only effect that the law may reasonably be considered to have on drunk driving is that it may reduce drunkenness by making alcohol more expensive. The law does not mean that a patron may not drink 6 beers immediately after work; it only means that doing so must be as expensive as drinking 6 beers at any other time of the day. Likewise, the law does not prevent a bar from selling a beer at a very low price; it only requires that the same beer always be sold for that price. Since drunk driving was already illegal when Massachusetts passed this legislation in the mid 1980’s, it is clear that this law serves a different purpose. Keeping the price of alcohol artificially high (and therefore discouraging drinking) is not only the direct result of the law, but it is also the law’s true intent.

John Stuart Mill railed against this sort of “social rights” legislation. The right of society to be free of the dangers inherent in drunk driving is not a valid reason to prohibit bars from soliciting patronage by offering discounts. If the problem is drunk driving, penalize drunk driving; don’t penalize the admittedly free and unobjectionable choice of merchants and customers to agree to a bargain.

To be fair, Mill tip-toed around this particular sort of problem. He objected to blanket prohibition on purely individualistic grounds. He acknowledged that although the consumption of alcohol is a personal right, the sale of alcohol is a “social act” and therefore (implicitly) more rightly subjected to social regulation. However, this distinction carries little weight in the current context. In the first place, I contend that the freedom of contract is improperly interfered with in the instant case. The right of merchants to offer sale prices is an inherent extension of their property rights. The right to sell beer (to persons of age and subject to other regulation) includes the right to set a price. Additionally, the this law serves the exact purpose objected to by Mill: to limit the amount consumed by individuals. True, the law does not specifically prohibit excessive drinking, but that is the only practical effect that could be hoped for.

The law against happy hour pricing relies on an “unlimited right in the public not only to prohibit by law everything which it thinks wrong, but in order to get at what it thinks wrong, to prohibit any number of things which it admits to be innocent.” And that, as Mill would say, is a noxious philosophy.

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Beer of the week: Samuel Adams Double Agent IPL – Among the beers that Bay Staters can never drink at a discount is this local brew.  The idea behind Double Agent is apparently “what if a lager were hopped as strongly as an IPA?” The smell is much like most American IPAs. The hops aroma is strong and sweet and floral with strong citrus notes. The taste has just a hint of vanilla and plenty of floral hops and the bitterness of grapefruit rind. The beer may be a bit lighter and crisper than most IPAs, but I would never have guessed that this was actually a lager. It really is a delicious beer, but don’t expect anything but an IPA.

Reading of the week: On Liberty by John Stuart Mill – The fourth chapter of this essay is dedicated to the relationship between personal freedom and societal duty. “Though society is not founded on a contract, and though no good purpose is answered by inventing a contract in order to deduce social obligations from it, every one who receives the protection of society owes a return for the benefit, and the fact of living in society renders it indispensable that each should be bound to observe a certain line of conduct towards the rest.”

Question of the week: Mill starts this week’s reading with three questions: “WHAT, then, is the rightful limit to the sovereignty of the individual over himself? Where does the authority of society begin? How much of human life should be assigned to individuality, and how much to society?”


Youth is Liberty

What is liberty? “I call liberty the flowers, the air, light, the stars, the happiness of going whithersoever the nervous limbs of twenty years of age may wish to carry you.” So says Aramis of The Three Musketeers. It is a strange definition of liberty, but it may stand up to some scrutiny.

Basically, the definition includes three parts: access to nature, movement, and age.

Prison is usually thought of as removal from society, but it is also removal from nature. Nature is a glorious whole, but Aramis refers to it by parts. “The flowers, the air, light, the stars,” are all important parts of nature, and all are denied to the prisoner. Their import is hard to overestimate. A recent post on this blog mentioned the pleasure derived from being able to gaze on the stars after a long period without seeing them. As for light, the modern world is positively flooded with it, but at the end of the 17th century, the dramatic date of The Musketeers saga, artificial light was a luxury and anybody without access to sunlight would not have seen very much light at all.

The freedom of movement makes perfect sense as the standard for liberty. Chains, the universal symbol of oppression, restrict liberty by restricting movement. Being held in place is a clear opposite of liberty.

The final part of Aramis’s statement is the most interesting though: age. Youth is liberty. I had a college professor who asserted that he was less free than his students because of his age. He could have attributed his comparative lack of liberty to his job, his wife, his children; because of his responsibilities he is not totally at liberty. There are things he must do as an employee, a husband, a father, and so forth.  But he did not point to his responsibilities, he pointed to his age. He no longer has the time or vitality of a man of twenty, and with each passing day his liberty is diminished accordingly.

So make good use of your liberty while you have it, one day you may find that you can no longer go whithersoever your limbs wish to carry you.

Walter

Beer of the Week: Bischoff Fritz Walter – There is a lot going on here. First, this beer seems to be named after Fritz Walter, legendary German soccer player. Germans love beer; Germans love soccer; nothing could be more natural. The label also includes the phrase “”einer für ALLE und ALLE für einer”: “one for ALL and ALL for one.” I am not sure if Walter was a big fan of Dumas, but who knows. As for the beer itself, I rather enjoyed it. My knowledge of the German language is quite limited, but I had a fair guess that “ungefiltert” meant exactly what it sounds like. When I inverted the bottle and saw sediment begin to swirl through the beer, my translational acumen was confirmed. Most surprising about this beer is that it seems to be an unfiltered European pilsner. I am so used to unfiltered beers being wheat beers, I was genuinely surprised to taste this crisp beer. I was reminded immediately of Pilsner Urquel, but after drinking a bit more, the sediment made itself felt in the form of a pleasant earthiness and spice that compliment the strong hops.

Reading for the Week: The Man in the Iron Mask by Alexandre Dumas – In this scene, Aramis acts as confessor for the book’s eponymous prisoner. The prisoner (in words very reminiscent of  Lovelace’s “stone walls” and “iron bars”) claims that he is content in prison and demonstrates how he is as free as anybody because he can still look out of his window.

Question for the week: Aramis regards the prisoner’s assertion that he is still free because he has his window as “that sinister philosophy which is the religion of the captive.” Is this an indictment of stoicism?


Keep your law out of my soul!

Freedom of religion is widely accepted as one of the founding principles of the United States of America. However, religious freedom was not there from the start.

Every one of the colonies had laws regarding religion. In the Massachusetts Bay Colony, non-Puritans were pretty thoroughly persecuted. Quakerism (one of the most peaceful and oatmeal loving of all Christian sects) was expressly forbidden. Some Quakers were even executed by the Massachusetts Bay government for their faith.

One of the first great strides toward religious freedom in America was the Virginia Statute for Religious Freedom, penned by Thomas Jefferson. He regarded the Statute as one of his greatest accomplishments and instructed that it be memorialized on his tombstone. (His presidency and all of his accomplishments during that period of his life are notably omitted.) In his Notes on Religion, Jefferson asserts that “The care of every man’s soul belongs to himself,” so nobody should be coerced into participating in any specific church. Such a claim seems so obvious to us today that we recoil at the idea of state mandated church attendance.

What is striking to me is the analogy that Jefferson draws between the soul and the body. “The care of every man’s soul belongs to himself ,” just as the care of his body and possessions belong to himself. “Well what if he neglect the care of his health,” he asks rhetorically, “Will the magistrate make a law that he shall not be poor or sick?”

How ironic! Jefferson appealed to the obvious freedom and sovereignty over one’s own body to demonstrate the freedom and sovereignty of over one’s own soul, but today the shoe is on the other foot. Freedom of (and from) religion seems so obvious to us, but the idea of personal physical sovereignty is constantly eroding. Imagine suggesting to Jefferson that one day the state would ban alcohol, “for our own good.” (Jefferson specifically mentions that “consuming his substance in taverns” is an activity in which every man has liberty.) Or, for that matter, the state would ban marijuana or super-sized colas. How incredulous would he be?

The fact is that a man’s body and soul, at least in this world, are inseparable. The state can’t save a man from himself physically any more than it can save him spiritually. “Laws provide against injury from others; but not from ourselves. God himself will not save men against their wills.”

Beer of the Week: Taiwan Beer Gold Medal – At the beginning of the 20th century, the Japanese rulers in Taiwan decided that the people couldn’t be trusted with tobacco, alcohol, opium or salt, so they set up a state-owned monopoly company called the Taiwan Tobacco and Liquor Corporation. Compare this to state monopolies on vice in America, such as state lotteries where gambling is otherwise prohibited “for our own good.” Today, however, Taiwan is a huge free-market success story and the TTL monopoly has been broken up. However, the 90 year head-start means that Taiwan Beer still dominates the market. Gold Medal is a cheap, mass-produced rice beer, so it is no surprise that it is basically bland and unappealing. The single part of this beer that stands out is the fairly distinct rice flavor. Sure, plenty of beers use rice and other adjuncts, but in this beer the rice plays a very prominent flavoring role. That is not to say that there is much flavor, but it actually is rather interesting how much this beer is unlike even other beers of its genre.

Reading of the week: Notes On Religion by Thomas Jefferson – This excerpt starts with a very interesting question: “How far does the duty of toleration extend?” This is especially important specifically with regard to religion since most religions assert that they are the one “right” religion and everybody else is not only “wrong”, but damned for it. “Every church is to itself orthodox; to others erroneous or heretical.”

Question of the week: Why has freedom of religion become so widely accepted while other freedoms have eroded?