This post is the second of a series. The first post was Why The Law Written In Our Hearts Is Not Enough. Here we discuss the nature of God-given rights.
What Are God-Given Rights?
Our Nation’s Founders Fought For God-Given Rights
Instead of just calling our rights God-given, we now call them “human rights”. Why? Well, here is the excuse.
Attributing human rights to God’s commands may give them a secure status at the metaphysical level, but in a very diverse world it does not make them practically secure. Billions of people do not believe in the God of Christianity, Islam, and Judaism. If people do not believe in God, or in the sort of god that prescribes rights, then if you want to base human rights on theological beliefs you must persuade these people of a rights-supporting theological view. This is likely to be even harder than persuading them of human rights. Legal enactment at the national and international levels provides a far more secure status for practical purposes. (from here)
Is that what happened in the United States? Were people just persuaded without the benefit of theological support to respect each others rights? No. Consider.
Natural law was deemed to pre-exist actual social and political systems. Natural rights were thereby similarly presented as rights individuals possessed independently of society or polity. Natural rights were thereby presented as ultimately valid irrespective of whether they had achieved the recognition of any given political ruler or assembly. The quintessential exponent of this position was the 17th. Century philosopher John Locke and, in particular, the argument he outlined in his Two Treatises of Government (1688). At the centre of Locke’s argument is the claim that individuals possess natural rights, independently of the political recognition granted them by the state. These natural rights are possessed independently of, and prior to, the formation of any political community. Locke argued that natural rights flowed from natural law. Natural law originated from God. (from here)
The ideas, if not the words of John Locke, found their way into our Declaration of Independence. Here is a pertinent excerpt from the SECOND TREATISE OF GOVERNMENT by JOHN LOCKE.
Man being born, as has been proved, with a title to perfect freedom, and an uncontrouled enjoyment of all the rights and privileges of the law of nature, equally with any other man, or number of men in the world, hath by nature a power, not only to preserve his property, that is, his life, liberty and estate, against the injuries and attempts of other men; but to judge of, and punish the breaches of that law in others, as he is persuaded the offence deserves, even with death itself, in crimes where the heinousness of the fact, in his opinion, requires it. But because no political society can be, nor subsist, without having in itself the power to preserve the property, and in order thereunto, punish the offences of all those of that society; there, and there only is political society, where every one of the members hath quitted this natural power, resigned it up into the hands of the community in all cases that exclude him not from appealing for protection to the law established by it. (from here)
Those who founded our nation were familiar with John Lockes ideas. Hence, these words in the Declaration of Independence.
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. –That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, –That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. (from here)
Our “rights” are growing more and more complicated. Positive Rights, the Constitution, and Conservatives and Moderate Libertarians By provides a relatively straightforward and tolerably brief explanation of the term “rights” from a legal/academic perspective.
What Volokh focuses upon in his presentation is something called positive rights. What are positive rights? Volokh believes “positive” rights should remain limited, but we should not deny they exist. What are “positive” rights? Wikipedia provides this distinction between positive and negative rights.
Philosophers and political scientists make a distinction between negative and positive rights (not to be confused with the distinction between negative and positive liberties). According to this view, positive rights usually oblige action, whereas negative rights usually oblige inaction. These obligations may be of either a legal or moral character. The notion of positive and negative rights may also be applied to liberty rights. (continued here)
Basically, when we observe each others negative rights, we don’t commit crimes against each other. We don’t murder, rob, and enslave our neighbors. On the other hand, when the government insists that we observe other people’s positive rights, we have to give other people something. If we did not agree to give other people something and don’t want our government to give away our life, liberty, or property, that can be especially irksome.
This distinction between positive and negative rights is a 1979 invention by the Czech jurist Karel Vasak. Still unsatisfied by the additional complexity he had added, Vasak split our “rights” into three separate generations.
There are three overarching types of human rights norms: civil-political, socio-economic, and collective-developmental (Vasek, 1977). The first two, which represent potential claims of individual persons against the state, are firmly accepted norms identified in international treaties and conventions. The final type, which represents potential claims of peoples and groups against the state, is the most debated and lacks both legal and political recognition. Each of these types includes two further subtypes. Scholar Sumner B. Twiss delineates a typology: (continued here)
Effectively, first generation rights are negative rights, and the second and third generation “rights” are positive rights.
What is the problem with “positive rights”? Since Libertarians have a pretty good understanding of this issue, let’s hear from one. See the video below.
Prof. Aeon Skoble accepts the nomenclature of “positive” and “negative” rights, but he points out a basic problem with so-called “positive” rights. Unless government infringes upon people’s “negative” rights, government cannot guarantee anyone’s so-called “positive” rights.
Here is the problem in a nutshell.
Natural rights—or, as they have been un-euphoniously dubbed, “negative rights”—pertain to freedom from the uninvited interventions of others. Respect for negative rights requires merely that we abstain from pushing one another around. Positive rights, by contrast, require that we be provided with goods or services at the expense of other persons, which can only be accomplished by systematic coercion. This idea is also known as the doctrine of entitlements; that is, some people are said to be entitled to that which is earned by other people. (from here)
Biblical Support For God-Given Rights
The first book of the Bible speaks of human rights. Genesis 1:27 says we are each made in the image of God.
The image of God in man also means that murder is a most heinous crime. “Whoever sheds the blood of man, / by man shall his blood be shed; / for in the image of God / has God made man” (Genesis 9:6). The severity of the punishment underscores the severity of the offense. The Mosaic Law is full of examples of how God expects everyone to be treated humanely. The Ten Commandments contain prohibitions against murder, theft, coveting, adultery, and bearing false testimony. These five laws promote the ethical treatment of our fellow man. Other examples in the Law include commands to treat immigrants well (Exodus 22:21; Leviticus 19:33-34), to provide for the poor (Leviticus 19:10; Deuteronomy 15:7-8), to grant interest-free loans to the poor (Exodus 22:25), and to release all indentured servants every fifty years (Leviticus 25:39-41). (from here)
Are there positive rights in the Bible? Not exactly. What the Bible speaks of is our responsibilities towards each other. When Jesus told The Parable of the Good Samaritan, He gave us an example to follow, not a government program.
Consider this quote from John Quincy Adams.
- Locke’s Political Philosophy (plato.stanford.edu) and John Locke: Natural Rights to Life, Liberty, and Property (fee.org/): provides differing views of John Locke.
- What is a biblical view of human rights? (www.compellingtruth.org), What the Bible Says About “Human Rights” and “Social Justice” (family.custhelp.com), and The Bible and Government (www.faithfacts.org): Christian websites that cite the Bible with respect to government and the value of human rights. Curiously, this isn’t much done these days. Why? Our government-run schools have taught us that the Bible does not matter.
- Do Our Rights Come from God, the Constitution, the Supreme Court, or Congress? and How our Federal Constitution “Secures” our God Given Rights (publiushuldah.wordpress.com): blog posts written by a lawyer who is a Constitutional enthusiast.
- Slavery, Abortion, and Unalienable Rights (www.str.org): explains how Lincoln connected our Constitution with the Declaration of Independence.
- Rendering Unto Caesar: Was Jesus A Socialist? (fee.org): an economist’s look with respect to the Bible and Socialism.