Civics U: Natural Rights
As part of her recent confirmation hearings Supreme Court nominee (now Justice) Ketanji Brown Jackson was asked if she believes in natural rights. In response she stated, “I do not hold a position on whether individuals possess natural rights.” Her response generated some pointed discussion and garnered some coverage in the press.
Why was her response controversial? And what are natural rights?
Natural rights are rights that are considered to be universal human rights that are granted by nature or God, not granted by society or government and thus not to be revoked by society or government. They are believed to be “inalienable” because they are not (to be) dependent on laws or customs of a particular culture or government. They are an intrinsic part of human existence.
The idea of natural law and natural rights appeared in ancient Greek philosophy and was addressed by philosophers in various periods of Western history.
In American history the concept of natural rights or natural law was embedded in the earliest documents and was stated explicitly 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.
The trio of Life, Liberty, and Happiness is likely a reflection and reworking of English philosopher John Locke’s view that fundamental natural rights are “life, liberty, and property.” Though not stated in the Declaration, property rights still became important in the American social, economic, and legal system.
Of course the Declaration does not spell out all of the specific rights that might derive from these basic ones. Therefore, 10 amendments, referred to as the Bill of Rights, were added to establish and protect certain rights, and 17 more amendments were added later. Many of these specific rights, though derived from natural rights, are distinguished from natural rights and called legal rights.
Another category of laws dealing with civil rights was implemented to assure that the Declaration’s view that all men are created equal – and are thus entitled to equal rights – was fulfilled. Civil rights laws were thus intended to assure equal treatment of all persons regardless of age, disabilities, race, or nationality in matters of housing, voting, education, and government services.
The important thing about natural rights is that they belong to every individual regardless of identity or status. They are not a privilege limited to certain individuals or groups.
But understanding and applying “natural rights” is not always simple and straight forward. Identifying these rights in new situations is an on-going process since people do not always agree on what specific actions should be covered as legal rights.
Further, the recognition of the natural rights – of oneself and of others – leads also to recognition of individual and mutual rights and responsibilities and relationships. This was the basis of earlier theories of government as the voluntary forming of a social contract between members of a society.
And to believe in natural rights includes, firstly, believing in the existence of such rights, and secondly, believing in the protection of such rights as universal human rights that belong to all people regardless of race, religion, culture, or social status. Without such rights as the foundation of law and government there is the danger that decisions could be simply arbitrary, and rights endangered.