A Crucial Element of Democracy

This is a blog by Robert Gutierrez ...
While often taken for granted, civics education plays a crucial role in a democracy like ours. This Blog is dedicated to enticing its readers into taking an active role in the formulation of the civics curriculum found in their local schools. In order to do this, the Blog is offering a newer way to look at civics education, a newer construct - liberated federalism or federation theory. Daniel Elazar defines federalism as "the mode of political organization that unites separate polities within an overarching political system by distributing power among general and constituent governments in a manner designed to protect the existence and authority of both." It depends on its citizens acting in certain ways which Elazar calls federalism's processes. Federation theory, as applied to civics curriculum, has a set of aims. They are:
*Teach a view of government as a supra federated institution of society in which collective interests of the commonwealth are protected and advanced.
*Teach the philosophical basis of government's role as guardian of the grand partnership of citizens at both levels of individuals and associations of political and social intercourse.
*Convey the need of government to engender levels of support promoting a general sense of obligation and duty toward agreed upon goals and processes aimed at advancing the common betterment.
*Establish and justify a political morality which includes a process to assess whether that morality meets the needs of changing times while holding true to federalist values.
*Emphasize the integrity of the individual both in terms of liberty and equity in which each citizen is a member of a compacted arrangement and whose role is legally, politically, and socially congruent with the spirit of the Bill of Rights.
*Find a balance between a respect for national expertise and an encouragement of local, unsophisticated participation in policy decision-making and implementation.
Your input, as to the content of this Blog, is encouraged through this Blog directly or the Blog's email address: gravitascivics@gmail.com .
NOTE: This blog has led to the publication of a book. The title of that book is TOWARD A FEDERATED NATION: IMPLEMENTING NATIONAL CIVICS STANDARDS and it is available through Amazon in both ebook and paperback versions.

Tuesday, February 5, 2019

THE MEANING OF “UNALIENABLE”


This posting picks-up on a theme – Jefferson’s belief in a moral sense – that was described and explained in the last posting.  If not read, to make fuller sense of what follows, the reader should look it up.  In this posting, it develops a notion:  people seek to be moral in order to induce a pleasure; being good feels good.  That last posting investigates this claim and lands up accepting it, but in a nuanced way. 
But the point here insists that Thomas Jefferson believed it and that belief plays an important role in his use of the term, “unalienable,” in the Declaration of Independence.  As the last posting ends:  “Turns out, how most students are led to understand this term is not exactly right.”
One of the factors reviewed in the last posting was reason.  That account described reason as the human faculty that serves to aim moral thought and action.  It calculates.  It provides the “means” for what a moral “drive” might determine an “end” should be.  But as with describing or understanding the moral sense, many competing desires, many murky facts, many possible rationalizations can be felt or thought of.
Reason might point a person – using Jefferson’s language – toward being vicious (it might not), but the moral sense always points that same person toward being virtuous.  That sense can be ill served by reason, but its unwavering aim – hence making it a drive – is to be good toward others. 
Of course, this and other drives are subject to forces, such as cultural forces, within a given social landscape.  And this includes how events and the particulars of those events are defined or otherwise understood.  All of this can be complicated, but it does provide a useful context for related issues. 
And with the above as context, one can address the notion of rights, a related issue.  Often in this blog, this writer has pointed out that the natural rights view of rights has to do with having the social and legal prerogative to do what one wishes to do.  Yes, this is constrained by others having the same legal standing, but this sense of rights opens a vast array of options for individuals to pursue. 
With the use of the term, “unalienable,” in the Declaration of Independence, one senses a very liberal take on an unfettered life, unfettered and only subject to one’s self-restraints in most cases.  But the above context hints at a different feel for this quality.  And one aspect of this reason to reflect, is that the whole Lockean notion of rights – the natural rights view – was a relatively new idea in the late 1700s, at least on these shores. 
There had not been much philosophic, theoretical, or political reflection what exactly this meant.  According to Gary Wills, earlier use of the term, “right,” was reserved to mean “right order.”  The sense was that “its earlier use was as a power exercised in the name of the state.”[1]  And ideally – presumably – that was to advance the interest of the nation or other jurisdiction (like a fiefdom, a city, a parish, etc.). 
The ruler had the necessary powers to so rule – in accordance with those jurisdictional interests – and he/she administered it or alienate it to the subjects.  That is, he/she gave the power or benefit to those ruled.  To alienate meant to give away, to make alien from the giver – usually for a given reason.
Jefferson gives his readers a hint at his meaning by not using the term, property, in his list of unalienable rights.  He writes “life, liberty, and the pursuit of happiness,” not “… and property.”  They are unalienable not because the fear is a state might deprive a person of these “rights,” but that the individual cannot give them away. 
A person’s life, liberty (to do good), and happiness are part of his/her nature.  The individual has a sense for morality, a sense that that is not subject to being alienable.  Therefore, they are unalienable.  In all this, according to Wills, Jefferson was highly influenced by Francis Hutcheson and this latter writer explains this distinction, between rights over one’s person and the right to pursue the moral sense.  Wills writes:
Rights arises in, and because of, society; it is a power over others so long as benevolence or innocence are directing the powers.  The test is public good.
          Hutcheson then divides rights into perfect and imperfect.  The perfect, as essential to the public good, can be defended even with private force.  The first example he gives is the right to life.  The basis of the societal bond is benevolence, and no society can undermine its own fundamental value.  Yet security in the possession of life is not only the basis for all goods one can bestow on others; it is, more important, the necessary precondition for doing good – no man can be benevolent unless he is first alive…
          He asserts the right of liberty on similar grounds:  “As nature has implanted in each man a desire of his own happiness and many tender affections toward others in some nearer relations of life, and granted to each one some understanding and active powers, with a natural right exercise them for the purpose of these natural affections, it is plain each one has a natural right to exert his powers, according to his own judgment and inclination, for these purposes, in all such industry, labor, or amusements as are not hurtful to others in their persons or goods, while no more public interests necessarily require his labors or require that his actions should be under the direction of others.  This right we call natural liberty.”[2]
Sorry for the overly, philosophic language; here is this writer’s understanding:  Liberty seems key, but the meaning of it takes on an unaccustomed turn.  The term, natural liberty, today has been coopted by natural rights advocates, a la an altered Lockean view, by his current devotees. 
Under that more recent sense, unalienable refers to the state not being legally or legitimately able to take away rights.  But that according to Jefferson, is impossible, as impossible as negating any other part of one’s nature.  Hence, a better term today for a Jeffersonian sense of liberty is federal liberty – a liberty that advances a citizenry able and willing to be federated among its membership.
In securing rights, therefore, governments do not have the option of taking them away, but they can interfere with their exercise.  They can make it harder to exercise, they can distort them, they can minimize them, but they are unalienable; i.e., they cannot be taken away or given up, they are part of everyone’s nature and is as likely to be taken away as taking away one’s sense of humor.
And, in turn, this sense of liberty, while it is unalienable, introduces duties.  Yes, one can pursue self-interest, but the duty is not to arrange such interests to be contrary to the common good.  Because, as with humor, one’s pleasure in benevolence or doing good toward others is also part of that nature.
Instead, to varying degrees, the duty is to advance the common good.  Rights are not, according to Hutcheson, to be treated as a form of property; they are instead to be seen in their correlative relations to duties.  Or, duties are seeing rights from another perspective.


[1] Gary Wills, Inventing America:  Jefferson’s Declaration of Independence (New York, NY:  Vintage Books, 1978/2018), 213.

[2] Ibid., 216-217.  Emphasis in the original.

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