Natural Rights Essay ⋆ Political Science Essay Examples ⋆ EssayEmpire

Natural rights are a direct corollary to the theory of natural law. Natural law can be viewed from four perspectives: (1) as a function of the physical laws of nature, (2) as a function of religion, (3) as a function of the nonphysical realm, or (4) as a function of reason or rational determination. A primary example of the first perspective would be the philosophy of Aristotle. An example of the second perspective would be the philosophy of St. Thomas Aquinas. The third perspective would be demonstrated by the philosophy of Plato and his theory of forms. The fourth perspective would be found in the philosophy of Immanuel Kant. From a more political perspective, the philosophy of Thomas Hobbes would also be a good example of the fourth category of natural law. Natural law is, essentially, the law applicable to human beings that is not a result of a government act or social norm. Natural law exists independently and is not based on the positive law, which is generally acknowledged to be the written law enacted by humans, even though the positive law may recognize the natural law. Natural law is generally considered to be a universal principle.

Natural rights are a corollary to natural law. Natural rights exist because of the natural law. Although there are many theories of natural law, the best example of natural rights, for the purposes of American politics and jurisprudence, is found in the writings of Sir William Blackstone. Blackstone was a legal commentator in Great Britain around the time of the American Revolution. He wrote the Commentaries on the Laws of England, a four-volume treatise on the laws of England that had developed over the years. Blackstone is very important, as he was one of the primary influences on the founding fathers who wrote the Declaration of Independence, Constitution, and Bill of Rights, which express the essential political principles of the United States of America.

In this work, Blackstone presented three absolute rights under the natural law: (1) the right to personal security, which included the right to life, health, and reputation; (2) the right to personal liberty, and (3) the right to property. However, these rights were not automatically enforced by a worldwide police force. Political reality dictated that human beings sometimes had to defend themselves and enforce these rights.

Recognizing that these rights had to be enforced, Blackstone also recognized five auxiliary natural rights. These rights were essentially political in nature, in that they attempted to express practical principles to help ensure theoretical liberty.

The first auxiliary right was that the legislative power had to be independent of the executive of the government. If the legislators were not free of the executive, a tyranny would exist. Legislators also had to be free from bribery and corruption to be able to exercise independent judgment.
The second auxiliary right concerned the executive branch of government. Blackstone thought that a monarchy was the best form of government. However, he still felt that an unrestrained executive was improper and that an independent legislature was necessary.
For the third auxiliary right, Blackstone felt that all the people should have the right to present their complaints to a neutral court for a quick resolution. Further, any legal action should be in accordance with previously ascertained laws.
The fourth auxiliary right concerned unusual cases that could not be addressed by the courts. To address this problem, Blackstone presented the right to petition both the legislature and the executive for relief.
The fifth auxiliary right was the right to keep and bear arms. This right was necessary both for personal self-defense and to prevent tyranny and oppression. Essentially, it was the right to revolt.

There are, of course, a number of other important philosophers and political theorists who have advanced explanations of natural law and the associated natural rights, which may differ somewhat from those presented by Blackstone. However, given that Blackstone was one of the primary influences on the founding fathers, who expressed fundamental American political philosophy in the Declaration of Independence, the Constitution, and the Bill of Rights; and given that all of Blackstone’s absolute and auxiliary natural rights can be found, in one form or another, in these documents; it follows that Blackstone’s work provides an excellent example of the concept of natural rights in American politics.

It is important to note that the idea of natural rights is closely linked with the concept that such rights are inalienable, in other words, they cannot be removed by an act of human government. They are inherent in every person and are considered fundamental.

The concept of fundamental rights is also present in documents of international scope. For example, in the United Nations Charter and the International Covenant on Civil and Political Rights, many of these fundamental and natural rights are specifically recognized.

Bibliography:

Aquinas, Thomas. The Summa Theologica of St.Thomas Aquinas. Literally translated by Fathers of the English Dominican Province, 2nd, rev. ed., 1920. Online ed. 2008. Q.90-A.1 to A.4. www.newadvent.org/summa. Originally published 1265–1274.
“Nichomachean Ethics.” In The Complete Works of Aristotle, edited by Jonathan Barnes. Princeton: Princeton University Press, 1984.
“Politics.” In The Complete Works of Aristotle, edited by Jonathan Barnes. Princeton: Princeton University Press, 1984.
Blackstone,William. Commentaries on the Laws of England. 1765–1769.
Birmingham, Ala: Legal Classics: 1983, 39–43, 119–141.
Hobbes,Thomas. Leviathan. 1651. New York Everyman’s Library, 1979.
“Charmides.” In Plato,The Collected Dialogues, edited by Edith Hamilton and Huntington Cairns. Princeton: Princeton University Press, 1963.
“Republic.” In The Collected Dialogues, edited by Edith Hamilton and Huntington Cairns. Princeton: Princeton University Press, 1963.
Plouffe,Wm. C., Jr. “The Natural Law in the Minds of The Founding Fathers.” Vera Lex 9, nos. 1 and 2 (2009): 77.

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