Life, Liberty and the pursuit of Happiness
"Life, Liberty and the pursuit of Happiness" is a well-known phrase from the United States Declaration of Independence.[1] The phrase gives three examples of the unalienable rights which the Declaration says have been given to all humans by their Creator, and which governments are created to protect. Like the other principles in the Declaration of Independence, this phrase is not legally binding, but has been widely referenced and seen as an inspiration for the basis of government.[2]
Origin and phrasing
The United States Declaration of Independence was drafted by
The second paragraph of the first article in the Declaration of Independence contains the phrase "Life, Liberty and the pursuit of Happiness".Jefferson's "original Rough draught" is on exhibit in the Library of Congress.[5] This version was used by Julian Boyd to create a transcript of Jefferson's draft,[6] which reads:
We hold these truths to be sacred & undeniable; that all men are created equal & independent, that from that equal creation they derive rights inherent & inalienable, among which are the preservation of life, & liberty, & the pursuit of happiness; ...
The Committee of Five edited Jefferson's draft. Their version survived further edits by the whole Congress intact, and reads:[7]
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. ——
A number of possible sources of inspiration for Jefferson's use of the phrase in the Declaration of Independence have been identified, although scholars debate the extent to which any one of them actually influenced Jefferson. The greatest disagreement comes between those who suggest the phrase was drawn from John Locke and those who more strongly attribute to Jean-Jacques Rousseau.[citation needed]
Lockean roots hypothesis
In 1689, Locke argued in Two Treatises of Government that political society existed for the sake of protecting "property", which he defined as a person's "life, liberty, and estate".[8] In A Letter Concerning Toleration, he wrote that the magistrate's power was limited to preserving a person's "civil interest", which he described as "life, liberty, health, and indolency of body; and the possession of outward things".[9] He declared in his Essay Concerning Human Understanding that "the highest perfection of intellectual nature lies in a careful and constant pursuit of true and solid happiness".[10] According to those scholars who saw the root of Jefferson's thought in Locke's doctrine, Jefferson replaced "estate" with "the pursuit of happiness", although this does not mean that Jefferson meant the "pursuit of happiness" to refer primarily or exclusively to property. Under such an assumption, the Declaration of Independence would declare that government existed primarily for the reasons Locke gave, and some have extended that line of thinking to support a conception of limited government.[11][12][13][14][15] The Boston Pamphlet (1772), the Declaration and Resolves of the First Continental Congress (1774), and the Virginia Declaration of Rights (1776) also declare the right to life, liberty and property.
Virginia Declaration of Rights
The first and second article of the Virginia Declaration of Rights, written by George Mason and adopted unanimously by the Virginia Convention of Delegates on June 12, 1776, speaks of happiness in the context of recognizably Lockean rights and is paradigmatic of the way in which "the fundamental natural rights of mankind" were expressed at the time:[16][17] "That all men are by nature equally free and independent and have certain inherent rights, of which, when they enter into a state of society, they cannot, by any compact, deprive or divest their posterity; namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety."[18]
Benjamin Franklin was in agreement with Thomas Jefferson in playing down the protection of "property" as a goal of government. It is noted that Franklin found the property to be a "creature of society" and thus, he believed that it should be taxed as a way to finance civil society.[19]
Alternative hypotheses
In 1628, Sir Edward Coke wrote in The First Part of the Institutes of the Lawes of England, his commentary on Thomas de Littleton, that "It is commonly said that three things be favoured in Law, Life, Liberty, Dower."[20] At common law, dower was closely guarded as a means by which the widow and orphan of a deceased landowner could keep their real property.[21]
Jefferson's phrase may be specifically based on his
Garry Wills has argued that Jefferson did not take the phrase from Locke and that it was indeed meant to be a standard by which governments should be judged.[25] Wills suggests Adam Ferguson as a good guide to what Jefferson had in mind:
"If, in reality, courage and a heart devoted to the good of mankind are the constituents of human felicity, the kindness which is done infers a happiness in the person from whom it proceeds, not in him on whom it is bestowed; and the greatest good which men possessed of fortitude and generosity can procure to their fellow creatures is a participation of this happy character. If this be the good of the individual, it is likewise that of mankind; and virtue no longer imposes a task by which we are obliged to bestow upon others that good from which we ourselves refrain; but supposes, in the highest degree, as possessed by ourselves, that state of felicity which we are required to promote in the world."[26]
The 17th-century cleric and philosopher
Another possible source for the phrase is in the Commentaries on the Laws of England published by Sir William Blackstone, from 1765 to 1769, which are often cited in the laws of the United States. Blackstone argues that God 'has so intimately connected, so inseparably interwoven the laws of eternal justice with the happiness of each individual, that the latter cannot be attained but by observing the former; and, if the former be punctually obeyed, it cannot but induce the latter. In consequence of which mutual connection of justice and human felicity, he has not perplexed the law of nature with a multitude of abstracted rules and precepts, referring merely to the fitness or unfitness of things, as some have vainly surmised; but has graciously reduced the rule of obedience to this one paternal precept, “that man should pursue his own true and substantial happiness.” This is the foundation of what we call ethics, or natural law.'[32]
Comparable mottos worldwide
The phrase is similar to a line in the
The phrase can also be found in Chapter III, Article 13 of the 1947
The Fifth Amendment and Fourteenth Amendment to the United States Constitution declare that governments cannot deprive any person of "life, liberty, or property" without due process of law. Also, Article 3 of the Universal Declaration of Human Rights reads, "Everyone has the right to life, liberty, and security of person".
References
- ^ "The Declaration of Independence: Rough Draft". USHistory.org. Archived from the original on March 30, 2014. Retrieved May 18, 2014. Scanned image of the Jefferson's "original Rough draught" of the Declaration of Independence, written in June 1776, including all the changes made later by John Adams, Benjamin Franklin and other members of the committee, and by Congress.
- ^ "The Declaration of Independence". National Archives. 2015-10-30. Retrieved 2020-12-02.
- ISBN 978-0674036062.
- OCLC 44638441. Archived from the originalon 2013-05-16. Retrieved 2013-11-04.
- ^ "Thomas Jefferson, June 1776, Rough Draft of the Declaration of Independence". U.S. Library of Congress. Retrieved August 17, 2020.
- OCLC 16353926.
- ^ "Declaration of Independence: A Transcription". U.S. National Archives. November 2015. Retrieved April 13, 2021.
- ISBN 052135448X.
- ISBN 091514560X.
- ISBN 0198245955.
- ISBN 0268014809.
- ISBN 978-1438427942.
- ISBN 0226645401.
- ISBN 978-0700617050.
- ISBN 080784473X.
- ISBN 978-0674036062.
- ISBN 0945612486. Lance Banning notes that the Virginia Declaration of Rights was the inspiration for the phrase in the Declaration of Independence, but does not trace it back to Locke, and in general downplays Jefferson's debts to Locke.
- ^ "The Virginia Declaration of Rights". U.S. National Archives. 4 November 2015. Retrieved April 13, 2021.
- ISBN 0895260336.
- OCLC 84760833.
- OCLC 60731472.
- ^ "LETTER: Thomas Jefferson to William Short".
- ^ "Principal Doctrines, by Epicurus".
- ^ "Letter to Menoikeus, by Epicurus".
- ISBN 978-0618257768.
- ISBN 052144215X.
- ISBN 0865974721.
- ISBN 0521353807.
- OCLC 2200588.
- ISBN 0865974969.
- ISBN 978-0618267460.
...arguably owed more to Jefferson's reading of the Swiss jurist Jean-Jacques Burlamaqui than it did to his manifest debt to John Locke.
- OCLC 65350522.
Further reading
- Conklin, Carli N. (2019). The Pursuit of Happiness in the Founding Era: An Intellectual History. University of Missouri Press. LCCN 2018043085.
- Eicholz, Hans (2008). "Pursuit of Happiness". In OCLC 750831024.