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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Yes!—that was the reason

If there is one thing that people do constantly, it is search for meaning. I am not giving humanity more credit than it deserves when I say that. The fact that people look for meaning does not mean that they are engaged in deep philosophy. Very often, the search for meaning is badly misdirected. As discussed last week, people do not often consider the fact that when they ask why, they are asking an equivocal question that can be answered in a multitude of ways. And even when people are able to limit themselves to a fairly narrow question, they are often too ready confuse correlation and causation. Or they give the whole credit for something very complex to a single, superficial cause.

And where there is relatively little information, people will make up causes out of whole cloth. One such question that elicits a great deal of pure speculation and fancy is the question of why people die. In Poe’s poem Annabel Lee, the titular character dies of a chill. The narrator tells us that one of the efficient causes of Annabel’s death was a “wind [that] came out of the cloud by night.” Simple cause and effect. (I’ll leave aside the issue of germs for the time being.)

But a wind in the night is too senseless, too arbitrary. The narrator has to find another cause, so he attributes Annabel’s death to the envy of angels. “The angels, not half so happy in Heaven,” killed Annabel Lee for envy of the love between her and the narrator. What nonsense. And yet, what else could the narrator do? How could he stomach the idea that something so important to him was taken away by mere chance? There must be a greater meaning, “as all men know.”

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Beer of the week: Sierra Nevada Pale Ale – Sierra Nevada makes some darn good beer. Their flagship Pale Ale is a slightly sweet, well rounded ale. It has just a hint of apricot, and is pleasantly hoppy without being overly bitter. Excellent stuff.

Reading for the week: Annabel Lee by Edgar Allan Poe – We may attribute the dubious angelology in this poem to poetic license. Whatever else might be said about Poe, Annabel Lee is a beautiful and powerful piece of work.

Question for the week: Does the search for meaning ever switch off entirely? Does a man ever see something and not, even subconsciously, attempt to understand its causes?