"Rights"



In 1864 Jules Verne introduced his view of travel to the moon in a capsule shot out of a cannon. One hundred and five years later the mission of Apollo 11 saw the first man actually step foot on the moon. From Jules Verne to Robert Goddard to John F. Kennedy, the idea and science of space travel underwent a transformation not unlike the metamorphosis the concept of “rights” has experienced over several hundred years. Studying the context of the evolution of an idea is essential in understanding the ultimate impact of that idea.[1] The idea of “rights” is at the heart of three distinct revolutionary time periods over the last four hundred years.[2] Fueled by a feudalistic society segregated into levels of status ranging from peasants and property owners to the clergy and nobility the dialogue raged to determine what rights were proper, considering all strata of the social hierarchy. The Dutch and English revolts of the 17^th century focused on the rights of religious freedom, while the American and French revolutions of the late 18^th century focused more on political freedom. The third time period included the 19^th century unifications in the United States, Japan, Germany and Italy and also represented a unique awakening in the quest for rights.[3]

Philosophers like John Locke helped to distill the essence of the dialogue by asserting the privileges endowed upon men by the “law of Nature” in the form of Life, Liberty and Property.[4] But these theories found further crystallization and true expression in the United States and French Revolutions. From the “Declaration of Independence” to the “Declaration of the Rights of Man” the period of the enlightenment seemed to shine a bright light of awareness on the source, definition and quantifying of “rights.” The French writers Diderot and d’Alembert wrote of the source of “Natural Rights,” tied them to  “Natural Law” and suggested that each individual should grant to others the same authority he takes to himself. [5] They referred to this as the “General Will” which would become the basis of the authorization of rights as ordained by the Supreme Being under the “Declaration of the Rights of Man.”[6] These thinkers of the enlightenment did not create a comprehensive list of rights but focused instead on asserting the re-enfranchisement of all men in their right to participate in the development of the  “social contract.”[7] In the Declaration of Independence Thomas Jefferson attributed the inalienable rights with which men are endowed as coming from the Creator.[8]  Whether attributed to God or Nature, the late 18^th century gave voice to a clamoring for rights that continues to this day.

To understand the evolving nature of rights in the modern era, we can look at the changing nature of “religious” rights which played a significant role in the Dutch and English revolts of the 17^th century and a less significant role in the 18^th century revolutions in the United States and France.  The Dutch and English attempts to move from Catholic to Protestant states was an expression of the right to religious tolerance and  certainly influenced many of the first settlers in America.[9]  French Enlightenment writers picked up the cause.  Voltaire championed the cause of religious toleration when he railed against the wrongful execution of Jean Calas and suggested that if a Catholic in London could find tolerance that the same should apply to a Protestant in France.[10] Though article 10 of the French Declaration of Rights would articulate the toleration Voltaire suggested, the promise it made to allow for free religious expression would be compromised in short order as the revolution turned violent in 1792.[11] Jews and Protestants experienced the spillover of the battle against Catholicism and the Religious establishment in France, demonstrating the fleeting nature of rights.[12]

Today we continue to witness an evolution of rights,  supporting the notion expressed by Marshall that the civil rights of the 18^th century became the political rights of the 19^th century and the social  rights of the 20^th and now 21^st century. The public debate in today’s political cycle is rife with the claims of war on our foundational religious freedoms. If religious rights are any indicator, the question of “rights will continue to be fluid as long as the imagination of the “enlightened human race” can find diverse minority groups not to mention spotted owls , whales and rainforests that need protecting. God has become nature and rights are sought for every kind of plant and creature possible. It would be easy to come to the conclusion that any kind of worthy endeavor including the pursuit of rights, taken to extreme, can and has become detrimental to society. Perhaps the Frenchman Malouet understood how dynamic and volatile the history of rights would be when he characterized the discussion on rights by saying it was like “transporting man to a high mountain and showing him his empire without limits, when on climbing down he must find limits at each step.”[13] We seem to be pretty creative and adept at overcoming the limits.

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[1] Anthony Grafton, The Power of Ideas, (Offord: Oxford University Press, 2011) edt. Ulinka Rublack, 363

[2]J K Wright, “Lecture 1:Political Revolutions and Rights” (Class Lecture, Arizona State University, Online, accessed March  24, 2012).

[3] Ibid

[4] John Locke, Two Treatises of Government,(Cambridge: Cambridge University Press, 1963), 366-367

[5] Lynn Hunt, The French Revolution and Human Rights: A Brief Documentary History,  (Bedford/St. Martins, 1996) Boston New York, 36-37

[6] Lynn Hunt,  78

[7] Lynn Hunt, 5

[8] United States Declaration of Independence (1776)

[9] JK Wright

[10] Lynn Hunt, 38-40

[11] Lynn Hunt, 79

[12] Lynn Hunt, 23

[13] Lynn Hunt, 76