Dear Friends,
It seems to me, government does not bestow us rights, we cede our natural Rights to government, In exchange government agrees to promote social harmony and advance mutual prosperity. The distinction of where Rights come from then is a vital one in deciding what role government is to play. Natural rights, the Right to the product of one’s own hands, the Right to self defense, the Right to personal property, etc… are the natural Rights we had in a state of nature. Government is an expediency, to fairly adjudicate disputes between citizens and for the common defense, A mere tool to meet those ends. We cede some of our natural Rights to that expediency to meet these mutual goals. To then cede so much of our individual sovereignty to that expediency, so as to construe the expediency granted us those Rights to begin with, is to put the created over the creator. Since natural Rights not only predate the expediency of government, it supersedes government in that government gets it’s very authority, in all cases, from the presumption of natural Rights. Else who then would have the “right” to rule? If that expediency then is allowed to overstep it’s role, as human history shows, results in continental scale human suffering. All because people mistook the tool for the hand.
The reason for government is to harmonize the people. Government is no more than a machine, or construct, that people put together and get enough of the people effected to agree to. People could not agree to something if they did not have natural Rights. You couldn’t sign a contract, buy, sell, or even vote, without the presupposition you are an individual and that you have sovereignty. So the presumption of all government must be that individuals have natural Rights. No matter what propaganda they are selling. Take away natural Rights, and those trying to impose their laws on society have no Right to do so, because they have no more natural rights than the people they are ruling. It is one cog ruling over the other cogs. To argue otherwise would be begging the question. Moreover, no amount of military force changes what is right, it only enforces wrong, because right is an option usually taken, unless forced otherwise. The construct of government then, is based entirely on the presupposition that individual human beings have innate Rights, that predate government, else we could not have created government in the first place.
The reason people first banded together is to protect us from lions, the reason we formed communities is because we are human beings, the reason we formed governments is because we can be miserable to each other. Carneades said, and I paraphrase… that mankind imposed upon himself a set of laws and mores as an expediency. But men, being like animals, each seeking his own self interest, true justice is impossible, because for a man to be truly just he would have to do violence to his own self interest. Being self interested, no man would do that… Government, or put another way, the expedient human construct, built to harmonize society, promote prosperity and provide for the common defense, instead creates chaos, wastes the seed corn of prosperity and invites war by numerous contrivances… that ad hoc social construct, government, is acting contrary to it’s goals and needs to be “adjusted” to get back to doing what it was intended to do.
We could say that government is a tool, and since human beings wield it based on our natural Rights, we then are the hand. It would be foolish to say the tool gives the hand life. Yet that is exactly the premise when someone says, or believes, that our Rights come from government, they are saying the tool gives the hand life. In any context, such thinking will lead to injury, on a sliding scale of degree depending on the magnitude of mistake. Like the old philosophical question goes, “What makes a king a king… public opinion.” If when everyone woke up they forgot the king was the king, he would no longer be king, he would simply be a lunatic. The same question applies to any governmental structure. What makes it’s rule legitimate? Public opinion. Since government’s existence depends on public opinion, and human beings are the ones that have that opinion, and our right to that opinion is based on natural rights, then natural rights predate and supersede government.
To argue against natural rights, is to tear down the stage one stands on while speaking… since our very right to speak is based on natural rights. So clearly it is illogical to say our rights come from government, because government is a mere tool, a construct, built for expediency. It is manned by people, who’s right to man it is based on natural rights, that are the very fabric upon which the tapestry of government is woven, is entirely predicated on natural rights. Government is a means to allow us to work together efficiently, to adjudicate arguments fairly, set standards and provide for common defense. When taken to the extreme, and people start thinking their rights come from government, it becomes an impediment to it’s right function and so should be returned to the factory settings. This should happen every once in awhile. Just like you reboot your computer.
Sincerely,
John Pepin
