"How dare you?"

I have stopped laughing about Greta Thunberg’s performance at the United Nations a few months ago.

At the time, I was amused by her quixotic antics in attacking world leaders. People who think they can change the world by staging tantrums do not deserve to be taken seriously. It was predictable that Greta’s outburst would have a negligible impact on climate change policies.

I was also amused by Greta’s misconceptions about the relationship between economic growth and climate change.

On reflection, however, those misconceptions are no laughing matter. They are more widely held than I had imagined, including among some people who have had a great deal more education than Greta. By making economic growth the villain, climate activists seem likely to antagonize many of the people who would like more action to be taken to reduce greenhouse gas emissions.

Global climate change is perceived to be a serious problem by a high proportion of the population in many different countries. However, there is much less support for action to be taken to limit greenhouse gas emissions. The obvious obstacle is the additional cost to consumers of transition to alternative energy sources (including the cost of energy storage and backup to ensure reliable supplies). The advocates of zero economic growth add another obstacle by telling people they will have to make huge changes in their lifestyles to mitigate climate change. The lifestyle changes required for adaptation may seem preferable to many people.

The nature of economic growth

Misconceptions about the relationship between economic growth and climate change stem largely from ignorance about the nature of economic growth.

When economists talk about economic growth, defined as an increase in the amounts of goods and services produced, some environmentalists just think of increases in the amount of stuff they don’t like. A little further thought might enable them to acknowledge that much additional stuff is being produced these days under environmentally friendly conditions. They might even be particularly fond of some additional stuff e.g. organic food, solar panels, electric cars and batteries. There are also some services they might like, such as health and education. 

Greta and her followers are probably concerned that economic growth requires us to dig up more and more natural resources until there are no more to be discovered. If that was true, it would be easy to understand why they might see endless economic growth as a fairy tale. However, growth in capital stock - created by transforming natural resources into equipment, buildings and infrastructure - typically accounts for only a small proportion of economic growth. In the 1950s, research by Robert Solow, a Nobel prize-winning economist, showed that only one-eighth of the increase in gross national product per man-hour in the United States between 1909 to 1949 could be attributed to increased capital stock. The remaining seven-eighth, which became known as the Solow residual, was attributed to technical change. Subsequent research has shown part of the Solow residual to be associated with improvement in labour skills, with the remainder, often described as total productivity growth (or multifactor productivity growth) being attributed to innovation, technological progress and the advance of knowledge.

Economic growth will probably end one day, but there doesn't seem to be anything inherent within the growth process that must bring that about. How do Greta and her followers propose to end economic growth? Do they propose to require people to take the benefits of technological progress in the form of more leisure, rather than more goods and services? Or do they propose to stop the advance of knowledge and innovation? 

The former approach seems more likely. It is certainly not unprecedented in human history for the advance of knowledge to come to a virtual standstill for long periods. However, it would be surprising to see the environmentalists of wealthy countries advocate policies to make that occur.

Environmental impacts of growth

If economic growth is largely about innovation, technological progress and the advance of knowledge, does it necessarily have adverse environmental impacts?  Of course not! In recent years, a significant amount of research, development and innovation has been directly related to development of alternative energy or other environmentally friendly activities.

Much of the other innovation that has occurred over the last decade or so - for example, improvements in communication technology - seems to have been benign in terms of its environmental impacts. It is possible to think of technological innovations that have raised environmental concerns, e.g. fracking and genetically modified crops, but that could hardly justify the blanket ban on innovation that is implicit in a zero economic growth scenario.

My view of growth

At this point some readers might have gained the impression that I am an advocate of endless GDP growth. That is not so. My reservations about GDP as a measure of well-being, and of GDP growth as a societal objective have been on display in articles I have written over the past 15 year (for example one on the priority given to economic growth in Australia, and one on the concept of Gross National Happiness).

As discussed previously on this blog, I advocate growth in opportunities for human flourishing - that is, growth of opportunities for individuals to live the lives that they aspire to have. If increasing numbers of individuals choose a lifestyle involving stable incomes and more leisure to one with rising incomes, I can see no reason to object (unless they want me to subsidize their lifestyle choice). In my view, there is certainly no case for governments to require or induce people to work harder or longer to foster growth of GDP.

However, it seems likely, even in high income countries, that for the foreseeable future the aggregate outcome of choices freely made by individuals as consumers and producers of goods and services will continue to involve economic growth. That outcomes seems likely, even in the presence of the minimal restrictions on individual freedom are necessary to achieve widely accepted environmental goals.

Those who urge the introduction of policies to stop economic growth are contemplating a great deal more interference with the rights of individuals to manage their own lives than could possibly be justified to pursue widely accepted environmental goals.

Bottom line

Despite substantial reductions in the cost of alternative energy that have occurred over the last decade or so, the cost of transition to alternative energy still seems to be a major obstacle to effective international action to reduce greenhouse gas emissions. Those who make the false claim that economic growth is incompatible with widely accepted environmental objectives are adding a further obstacle to effective international action.

Instead of frightening people by urging governments to impose huge changes in lifestyles on citizens, perhaps environmental activists could pursue their goals more effectively by making a case for further government funding of research to help make alternative energy more affordable.

Does the modern world offer opportunities for people to live in harmony with nature?

Living in harmony with nature is one of five basic goods of a flourishing human. That is the opinion expressed in an earlier article on this blog. However, some further explanation may be required to persuade some readers that living in harmony with nature meets the criteria of a basic good.

Meeting criteria

Living in harmony with nature is obviously closely linked to survival of hunter gatherers and subsistence farmers, but it might appear less important in the modern world. That is debatable, given the potential for environmental impacts of some human activities to be detrimental to human health and well-being.

It is also beside the point. Living in harmony with nature would not be a basic good if it served only as a means to a long and healthy life. Basic goods are not a means to some other good.

Similarly, the question of whether living in harmony with nature is integral to psychological well-being is beside the point. Basic goods are not components of other goods.

Basic goods are final goods.  As I see it, living in harmony with nature is an indispensable final good of flourishing humans because humans have deep-seated intuitions about their kinship (relatedness) to other living things. Anyone who doubts whether flourishing humans have such intuitions should look at some videos of animals meeting challenges of various kinds. Could any flourishing human not be pleased that this video of ducklings climbing steps has a happy ending?

The nature of kinship

The kinship that flourishing humans feel toward other living things is similar to their positive relationships with other humans. In fact, people often value the lives of household pets more highly than the lives of other humans. Some research by Jack Levin et al suggests that adult victims of crime receive less empathy than do child, puppy, and full-grown dog victims. The explanation offered for adult dogs receiving more empathy than adult humans is that adult humans are viewed as capable of protecting themselves while adult dogs are regarded as dependent and vulnerable, not unlike puppies and children.

Living in harmony with household pets may not be the first example that comes to mind of living in harmony with nature. Nevertheless, the sense of kinship with some animals living in the wild seems to be similar. Steven Pinker suggests in The Better Angels of our Nature that species that are lucky enough to possess the geometry of human babies may benefit to a greater extent from our sympathetic concern than other mammals (p 580).

Environmentalists have suggested that this results in disproportionate concern for a few mammals. Nevertheless, some environmentalists make the most of every opportunity to exploit fears that cute mammals are becoming endangered species. Koalas are a prime example. There would be few Australians who do not feel sadness about the large number of koalas killed in recent bushfires in eastern Australia, but claims that the koala population is now “functionally extinct” are probably exaggerated.

Opportunities offered by the modern world

The concept of an expanding circle of empathy, developed by Peter Singer, suggests that humans are likely to continue to expand their sense of kinship to encompass more living things. Singer suggests that altruism began as a genetically based drive to protect one's family and community members, but our capacity for reasoning has enabled an expanding circle of moral concern to develop. Those concerns seem likely to result in increasing numbers of people deciding to forgo meat products, without hectoring by climate change zealots claiming that we need to do so to save the planet. In my view, rising incomes play an important role in enabling people to give practical effect to their empathy for animals, for example by being willing and able to pay to ensure more humane treatment.

It is often observed that the move toward urban living has tended to separate people from the natural environment, but that lifestyle is likely to be more in harmony with nature than a lifestyle in which large numbers attempt to live in natural environments, but end up destroying the natural qualities that attracted them. As discussed on this blog a few years ago, the idea of locating human activities away from the natural environment, makes sense to decouple human development from adverse environmental impacts.

In How Much is Enough, Robert and Edward Skidelsky suggest that gardening provides a practical illustration of living in harmony with nature. They suggest that a good gardener “knows and respects” the potentialities of nature:

“His relation to nature is neither vulgarly instrumental nor grimly sacrificial. It is a relation of harmony”.

Gardening offers some potential to live in harmony with nature even in an urban environment. For example, it is often possible to select ornamental trees and shrubs, and to construct water features, with a view to attracting native birds into a garden. Even vertical gardening offers some scope to live in harmony with nature. On a larger scale, the story behind the mistletoe pictured at the beginning of this article illustrates some possibilities. An experiment is being conducted in Melbourne to use mistletoe to turn common street trees with no biodiversity benefits, London plane trees, into virtual wildlife sanctuaries.

The gardening concept may also have some relevance to the preservation of natural habitat. The idea that wilderness can be preserved merely by declaring an area to be a national park is a myth. Wilderness areas have not been free of human intervention in the past and may require careful monitoring and management to maintain existing biodiversity. For example, in Australia, the traditional custodians of the land used fire to create an environment suitable for the animals they hunted and to avoid a build-up of undergrowth that could fuel destructive bush fires.

Conclusions

Living in harmony with nature is one of the basic goods of a flourishing human because humans have deep-seated intuitions about their kinship with other living things.

The sense of kinship that people feel toward some animals living in the wild is like their feelings toward household pets. Human reasoning seems likely to expand this sense of kinship to encompass more living things. Rising incomes make people more willing and able to afford more humane treatment of animals.

Living in harmony with nature is consistent with urban living both because there is potential for substantial biodiversity in urban environments and because of the potential it offers for larger areas of natural wildlife habitat to be set aside and protected from the adverse effects of human activity. Ongoing monitoring and management is necessary in those areas to maintain existing habitat that is an outcome of past human interventions.

What determines opportunities for a long and healthy life?

This post is about the reasons why opportunities for people to live long and healthy lives are much greater in some countries than in others. In the preceding post the prospect of a long and healthy life was identified as one of five basic goods of a flourishing human.

So, which are the countries in which an individual chosen at random would be likely to have the best prospects of a long and healthy life? The OECD’s Better Life Index gives top ratings on health to Canada, New Zealand, Australia, Israel and Ireland. The health indicator used in that index may not be reliable, however, because it incorporates self-reported health along with life expectancy at birth to take account of the quality of life as well as its length. Self-reported health seems to be unduly influenced by cultural factors. For example, while life expectancy in Japan is among the highest in the world (more than 2 years greater than in Canada) less than 40% of people in Japan rate their health as good or very good (the comparable figure for Canada is 88%). 

Objective evidence published in The Lancet articles on Global Burden of Disease indicate that the difference between life expectancy and healthy life expectancy (the number of years people can expect to live in good health) is about the same in Japan and Canada (13 years for females and 10 years for males).

The Lancet study, which covers 195 countries and territories, indicates that healthy life expectancy (HALE) is highest in Singapore and Japan, but also relatively high in other high income countries. 

HALE is strongly correlated with life expectancy (LE). The difference between HALE and LE rises somewhat as LE rises: on average from 6.4 years for a country with LE of 50 years, to 10.8 years for one with an LE of 80 years. The difference is typically about 2 years greater for females than males, but LE for females is about 5 years greater than for males in middle and higher income countries.

The accompanying graph shows that substantial increases in HALE have occurred in many countries since 1990. The increases have generally been most pronounced in countries with relatively low life expectancy.

There seems to be little support for concerns that additional years of life are frequently not worth living. For countries with low LE in 1990, average increases in LE of 12 years were associated with increases in HALE of 10.5 years. For countries that already had high life expectancy in 1990, average increases in LE of 5 years were associated with increases in HALE of 3.7 years. It seems likely that many individuals would consider an additional year of life to be preferable to the alternative, even if accompanied by some ill-health.

Research seeking to explain differences in longevity among countries suggests that health care spending, higher income and education have beneficial impacts. An OECD study of 35 countries (mostly high-income) found that health expenditure made the greatest contribution to increased longevity (42 months) over the period 1990 to 2010, followed by education (15 months) income growth (13 months) and reduced smoking (5 months). The study found the impact of increased health spending to vary between countries, with relatively small gains in longevity experienced in the U.S. despite large increases in health care spending.

War and violent crime have a major impact on life expectancy in some parts of the world. For example, life expectancy among men who live in the north of Mexico apparently declined by about 3 years in the period 2005 to 2010 as a result of an increase in the homicide rate associated with drug wars.

Some of the important drivers of increased longevity have a common cause: health care spending has tended to account for a higher share of GDP as per capita GDP has risen. Econometric studies have suggested that this increased spending may be driven largely by demographic and technological factors, but income growth makes it possible.

The more fundamental determinants of opportunities for a long and happy lives are the factors contributing to the economic development that has led to high average income levels. There are virtuous circles involved in this process. As previously discussed on this blog, a plausible story of economic development also needs to take account of virtuous circles involved in interactions between culture and economic freedom. Where culture and economic freedom support markets, people have added incentives to gain reputations as being worthy of trust others in order to obtain the benefits of mutually beneficial exchanges. As people become more trustworthy and trusting, and more respectful of the rights others, they could be expected to support greater economic freedom. Economic freedom, and a culture supporting innovation, result in further economic development and economic development promotes a culture supporting greater economic and personal freedom. As part of this process, improvements in population health could be expected to contribute to higher labour productivity and further enhance income levels.

The economic development story outlined above implies that we should expect healthy life expectancy (HALE) to be higher, on average, in countries with higher levels of economic and personal freedom. In order to test that, HALE data for 155 countries have been matched with data from the Fraser Institute’s Human Freedom Index. The chart below shows that average HALE is about 10 years greater for the countries in the fourth quartile, with the highest freedom levels, than for countries in the first quartile, with the lowest freedom levels.

Conclusions

The countries in which a person chosen at random seems likely to have the best prospects of having a long and healthy life are characterised by high average income levels. Estimates of healthy life expectancy (HALE) published in The Lancet’s global burden of disease project are highest in Singapore and Japan. Since 1990, there have been substantial increases in HALE in most countries.

Health spending, income growth and education have contributed substantially to increased longevity. The more fundamental determinants of opportunities for people to have long and healthy lives are the cultural and institutional factors that have contributed to economic development. Evidence that high HALE is associated with high levels of human freedom supports an economic development story taking account of virtuous circles involving market freedom, cultures supporting freedom and health improvements.

What are the basic goods of a flourishing human?

A good place to begin is with the discussion of the basic goods of “the good life”, by Robert and Edward Skidelsky in their book How Much is Enough (2012). The relevant discussion is in Chapter 6, entitled ‘Elements of the Good Life’. I published a somewhat critical review of the book on this blog some years ago, but I saw some merit in the authors discussion of human flourishing.

The authors adopt the following criteria to identify basic goods:

Universality: not specific to eras or cultures;

Finality: not just serving as a means to a more basic good;

Sui generis: not incorporated in some other good;

Indispensability: lack of the good leads to loss or harm.

I accept those criteria.

The authors identify the following seven basic goods:

• Health: ‘‘the full functioning of the body, the perfection of our animal natures”.
• Security: ‘‘an individual’s justified expectation that his life will continue more or less in its accustomed course, undisturbed by war, crime, revolution or major social and economic upheavals”.
• Respect: an individual’s feeling that others ‘‘regard his views and interests as worthy of consideration, as things not to be ignored or trampled on”.
• Personality: ‘‘the ability to frame and execute a plan of life reflective of one’s tastes, temperament and conception of the good”.
• Harmony with Nature: ‘‘a sense of kinship with animals, plants, and landscapes”.
• Friendship: ‘‘all robust, affectionate relationships”, including work relationships etc. as well as family relationships.
• Leisure: “that which we do for its own sake”, not just time off work.

That list summarises 17 pages of discussion, so it may not do justice to the authors’ deliberations. Nevertheless, it provides a basis to consider whether items have been identified appropriately, and whether anything important has been left out.

Health is obviously an essential characteristic of a flourishing human. The authors want to discourage “an obsession with longevity”, but it is reasonable to assert that flourishing involves living healthily for the term of one’s natural life.

Security is important, but it serves as a means to other goods, including a long and healthy life and psychological well-being (an important omission from the authors’ list of basic goods).

Having others respect of one’s views and interests feels good, but it isn’t indispensable to individual flourishing. Respect for one’s natural rights (life, liberty and property) is certainly indispensable, but serves as a means to other goods, including the ability to live a long and healthy life, interact with others for mutual benefit, and to the acquire human and physical capital that contributes to flourishing.

“Personality” does not seem to capture adequately the ability to frame and execute a plan of life reflective of one’s tastes, temperament and conception of the good. The authors use the term personality, rather than autonomy or practical reason, because it implies “spontaneity, individuality and spirit”. Those aspects of personality could be more appropriately incorporated under psychological well-being. The basic good corresponding to framing and executing a plan of life seems to me to be best described as accepting responsibility for self-direction.

Living in harmony with nature is important to human flourishing, and not just because of environmental impacts on human health and well-being. As I see it, the motivation for living in harmony with nature stems from deep-seated intuitions about our kinship with other living things.

Friendship doesn’t seem the most appropriate word to capture the wide variety of relationships that the authors put under this heading. The relevant basic good seems to me to be positive relationships.

Leisure is usually thought of as time off work, rather than engagement in doing things for their own sake. Martin Seligman uses the term ‘engagement’ to refer to the relevant basic good in his book Flourish (2011).

The other four elements of well-being identified in Seligman’s PERMA acronym (discussed here) are positive emotion, relationships, meaning and achievement. Of these, Skidelsky and Skidelsky only directly acknowledge relationships as an element of the good life. It seems to me that positive emotion and a sense of achievement are essential characteristics of a flourishing human.

Meaning requires a little more discussion. Seligman defines ‘meaning’ as belonging to and serving something that you believe is bigger than the self. This makes sense if serving the self means pursuit of personal pleasure. Those who see their lives as meaningful could be expected to value more things in life than their own pleasure.

So, here are the basic goods that I would expect a flourishing human to have:

1.  The prospect of a long and healthy life.
2. Wise and well-informed self-direction.
3.  Positive relationships with family, friends, colleagues, acquaintances and trading partners.
4. Psychological well-being: emotional stability, positive emotion, satisfaction with material living standards, engagement in doing things for their own sake and learning new things, perception of life as meaningful, a sense of accomplishment, optimism, resilience, vitality, integrity, and self-respect.
5. Living in harmony with nature.

What do I plan to do with this list? My interest is in the factors that lead to differences in opportunities for human flourishing in different countries. For example, which are the countries where some person chosen at random is likely to have the best prospects of a long and healthy life? How can we explain why the prospects for that individual are better in those countries?

Such questions will be explored in later posts.

What is it important to know about freedom, liberty and natural rights?

Dear readers, this article summarises the conclusions of a series of recent posts on this blog relating to freedom, liberty and natural rights.

It might help you in reading the article to think of it as an outline of the chapter on freedom in a book about freedom, progress and human flourishing. It would help me if you could provide comments below, or by email, on whether you think the article captures adequately what it is important to know about liberty.

The meaning of freedom, liberty and rights. 

Freedom sounds good, but the meaning of the word depends on context. For example, when people talk about freedom from fear, or freedom from want, they may have something important to say about human flourishing, but it isn’t necessary related to personal freedom or economic freedom, which are aspects of liberty. My focus in this post is on liberty.

Liberty has a more precise meaning than freedom. I adopt Friedrich Hayek’s definition of liberty as “a state in which coercion of some by others is reduced as much as is possible in society”. In the civic republican tradition, liberty is sometimes defined more broadly to encompass political freedoms, including the right to political participation. To avoid confusion, however, I think it best to stick with Hayek’s definition.

Rights refer to things that one is morally or legally entitled to do or have. As with freedom, the precise meaning depends on context and qualifier words. A negative right is a right not to be subjected to an action of another person or group whereas a positive right is an entitlement to have another person or group do something. The Universal Declaration of Human Rights encompasses not only the negative right to liberty and positive legal rights (including political freedom) but also economic and social aspirations that cannot necessarily be met by anything that a person or group might do.   

My focus here is on natural rights, including the rights to life, liberty and the pursuit of happiness - as famously proclaimed in the United States Declaration of Independence. The inclusion of “pursuit of happiness” as a right in the Declaration might appear to be redundant since pursuit of happiness is encompassed in our understanding of liberty. In 18^th century America, however, an inalienable right to liberty could have been interpreted in civic republican terms. At that time, pursuit of happiness was widely perceived as the activity of human flourishing, as perceived by Aristotle. (Further explanation is provided in an earlier post.)

Liberty is worth having.

Anyone who lives in a liberal democracy should ask themselves from time to time what it would be like to live without liberty. What would your life be like if you lived in a country where you didn’t have freedom of religion, where you could be jailed for expressing views not approved of by political leaders, where you could be subject to arbitrary arrest, where your property could be arbitrarily seized by the government, or where your freedom to  move around was restricted? Such countries are still easy to find.

The right to freedom of speech is particularly important because free speech helps to protect liberty more generally. Some restrictions on freedom of speech have long been widely accepted as desirable, for example to discourage incitement to violence. However, recent efforts in some liberal democracies to make it a crime to offend others based on identity characteristics - such as ethnicity, religion or gender - have potential to curtail freedom of speech substantially. Even when people strive to be respectful in the way they present their views, some people with opposing viewpoints are likely to claim to be offended if they can thereby stifle debate on controversial topics.

Norms of liberty make it possible for individuals to flourish in different ways.

As explained by Douglas Rasmussen and Douglas Den Uyl: 

“Individual rights are … needed to solve a problem that is uniquely social, political and legal. … How do we allow for the possibility that individuals might flourish in different ways … without creating inherent moral conflict in … the structure that is provided by the political/legal order? How do we find a political/legal order that will in principle not require that the human flourishing of any person or group be given structural preference over others? How do we protect the possibility that each may flourish while at the same time provide principles that regulate the conduct of all?”  (Norms of Liberty, 2005, p 78).

A discussion of views of other authors who have also advanced metanormative arguments for individual rights was posted on this blog some years ago.

 

Moral intuitions support natural rights.

Natural rights are inherent in human nature. They have traditionally been seen to be endowed by God, but widely-held intuitions about natural rights can also be explained in terms of the evolution of the ethics of respect. Moral intuitions that it is good to respect the lives and autonomy of others provide support for norms of liberty that maximize the opportunities available for all to flourish. As discussed in a recent post, it seems reasonable to suppose that the ethics of respect evolved because of the benefits that voluntary cooperation for mutual benefit brought to individuals and communities.  

Those who seek to deny the existence of natural rights tend to argue that individual rights are bestowed by governments, so it is legitimate for governments to remove them if that serves what they see as the “greater good”. There are times when individual rights do need to be compromised (e.g. via compulsory land acquisition) to prevent a community being held to ransom by an individual, but this should not be done lightly and fair compensation should be provided.

Respect for the rights of others has been advocated as an ideal since ancient times.

In ancient Greece, the poems of Hesiod, which appear to date from the 8^th or 7^th century BCE, urge people to comply with rules of just conduct rather than to seek to benefit via predation. In his poem, Works and Days, Hesiod advises his brother Perses, to “put away all notions of violence” for “fish, and wild animals, and the flying birds” may “feed on each other, since there is no idea of justice among them,” but “to men [Zeus] gave justice,” which is the “best thing they have.”  Hesiod condemns both force and fraud: the grabbing of goods either by “force of hands” or by “cleverness of … tongue.” (Further discussion here.)

Perceptions of natural law have not always supported universal human flourishing.

Aristotle (384-322 BCE) was the great philosopher of individual human flourishing. His emphasis on the natural capacity of humans to use reason to guide themselves and exercise appropriate moderation in their behaviour provides a basis for understanding human flourishing to be an essentially self-directed activity.

Nevertheless, Aristotle argued that it was natural to make slaves of defeated enemies. He viewed the system of conquest and slavery as a natural system governed by internal sources of change. By identifying the whole system as natural he was able to disregard the use of force at the heart of it.

The perception of what was natural of Cicero, the Roman statesman, lawyer and philosopher who lived from 106 BC- 43 BC, was more supportive of liberty. He argued that “nature made us just that we might participate our goods with each other, and supply each others’ wants”.

(Further discussion here and here.)

Reason and spontaneous legal processes both played a part in recognition of natural rights.

Beliefs and values supporting natural rights of individuals to life, property and liberty seem to have travelled from Cicero to the modern world through both the spontaneous evolution of rules and evolution of reasoning about the natural law. Those different transmission processes interacted. There were periods when reasoning about natural law held back recognition of individual rights to participate in mutually beneficial activities e.g. lending and borrowing. Eventually, however, reasoning about natural law reinforced and extended individual rights recognised under common law. (Further discussion here and here).

Rule of law protects natural rights and enables people to live in peace.

From the 12th century onwards, with the advent of centralised monarchies in Europe, homicide came to be viewed as an offence against the crown, rather than a civil matter. That enabled societies to avoid the violence associated with do-it-yourself justice. More effective justice systems penalised plunder, and thereby promoted peacefulness and improved incentives for mutually beneficial exchange.  

Evolution of the rule of law provided greater protection to natural rights by requiring people to refrain from initiating or threatening any forceful interference with other individuals or their property.  (Further discussion here.)

Systems of government preferment are an infringement of natural liberty.

Adam Smith argued that it was an unjust infringement of natural liberty for the powers of government to be used to assist some economic groups at the expense of others. Smith’s ideal of everyone being free to pursue their own interests in their own way is consistent with Francis Hutcheson’s earlier explanation of the right to natural liberty in terms of pursuit of happiness. (See this post).

In The Law, published in 1850, Frédéric Bastiat foresaw the potential for the universal franchise to endanger natural rights. He was concerned about the use of the power of the state by some groups to seize and consume the products of the labour of others. Legislation that seriously endangers natural rights is difficult to reconcile with rules of just conduct that have evolved to foster mutually beneficial interactions. (See discussion here.)

The right political participation should be viewed as a natural right.

Moral intuitions supporting the right to political participation presumably evolved because human flourishing has always required individuals to participate actively with others in decisions relating to provision of collective goods. Such involvement is less active in modern societies in which many collective goods are provided by remote government agencies and citizen involvement usually involves little more than voting.

The exercise of voting rights provides citizens with some protection against tyranny, but increasing numbers of people in the liberal democracies nevertheless feel unhappy about the outcomes of democratic political processes. That unhappiness may stem to an important extent from unrealistic expectations of what political processes can deliver. It seems likely to increase as low productivity growth reduces government revenues and demographic change increases political demands on governments.

Technological advances that enhance opportunities to seek mutual benefit in cooperative enterprises offer hope that people will in future be able to exercise their natural political rights in ways that give them more involvement in decisions that affect them.

(More discussion here and here.)

For liberty to prevail the ‘real constitution’ must be pro-liberty.

It is illusory to think of political institutions as external to society. The rules of the game exist only insofar as they are continually maintained in existence by human agents acting in certain systematic ways. The constitution of a free society is a pattern of interactions in which people give one another incentives to act and keep acting in ways that tend to maintain liberty. It is not the rules per se that gets disputes resolved, but rather the incentive structure that makes the system’s administrators likely to act in accordance with such rules.

Sheldon Richman defines the real constitution as the set of dispositions that influence what most people will accept as legitimate actions by the politicians and bureaucrats who make up the government. He derives support for this concept from Roderick Long’s observation that “government is not some sort of automatic robot standing outside the social order it serves; its existence depends on ongoing cooperation, both from the members of the government and from the populace it governs”.

It follows that for liberty to prevail the real constitution must be pro-liberty. As a corollary, tyranny cannot persist in any jurisdiction when the real constitution is pro-liberty.

How does liberty promote peacefulness?

People who understand that self-direction is essential to their own flourishing have no difficulty grasping how liberty has potential to promote peacefulness. Such people usually advocate the non-aggression principle, which requires them to refrain from initiating or threatening any forceful interference with other individuals or their property. They are likely to see that principle as an application of the Golden Rule of treating others as you wish to be treated, the Kantian imperative, the ancient virtues of justice, temperance and loving-kindness, a matter of honor and integrity, the ethics of respect, norms of reciprocity, or some combination of the above.

The extent of adherence to the non-aggression principle is a determinant of both liberty and the peacefulness of a society.  A society in which 100% of the population adhered to the principle would be entirely peaceful. A democracy in which 90% of the population adhered to the principle could be expected to be more peaceful than one in which a lower percentage of the population did so, other things being equal.

The proviso is important. One “other thing” that also has an important influence on the peacefulness of outcomes is the way perceived aggressions are dealt with. In particular, outcomes in countries where do-it-yourself (DIY) justice is the norm are likely to be less peaceful than those in countries governed by rule of law. The problem with DIY justice is that it is often perceived to be biased, and hence results in family feuds and further retribution.

John Locke recognised DIY justice as a flaw in his vision of humans being “perfectly free …  subject only to limits set by the law of nature”. He noted that it would be seen to be “unreasonable for men to be judges in their own cases” because:

 “self love will make men partial to themselves and their friends; and on the other side, that ill-nature, passion, and revenge will carry them too far in punishing others; and hence nothing but confusion and disorder will follow: and that therefore God hath certainly appointed government to restrain the partiality and violence of men” (Second Treatise of Government, Chapter 2).

In writing that, John Locke was possibly mindful of the historical experience of DIY justice in England and Europe.  

Historical explanations of the growth of peacefulness

In attempting to explain the long-term decline in homicide rates in Europe, shown in the accompanying graph, Steven Pinker follows the reasoning of Norbert Elias who suggested that the advent of centralised monarchies, replacing a patchwork of baronies and fiefs, played an important role in encouraging people to display greater self-control (a modern word with a similar meaning to the ancient virtue of temperance). In England, King Henry I, who reigned in the early 12^th century, redefined homicide as an offence against the state rather than as a tort. That changed the rules of the game. As Pinker puts it:

“A man’s ticket to fortune was no longer being the baddest knight in the area but making a pilgrimage to the king’s court and currying favour with him and his entourage” (The Better Angels of Our Nature, 2011, p 75).

The advent of centralised monarchies also improved incentives for mutually beneficial trade by penalising plunder. When people are engaged in mutually beneficial trading, they have an added incentive to refrain from murdering their trading partners. Given appropriate incentives, the ancient virtue of prudence helped people to exercise the Christian virtue of loving their neighbours rather than murdering them.

In case anyone is wondering, the thought in the preceding sentence wasn’t borrowed from Steven Pinker. Pinker doesn’t claim that the Christian virtues played a positive role in the civilisation process. He suggests, with some justification, that in the middle ages Christianity was more concerned with saving souls than with the sacredness of life. Nevertheless, at a couple of points in The Better Angels of Our Nature, Pinker acknowledges the importance of the various versions Golden Rule that have been discovered by the world’s major religions.

If you are sceptical about the ability of an autocratic monarchy, a Leviathan, to play a positive role in defending rights and promoting peace, it may help to think of the advantages of stationary bandits replacing roving bandits, as suggested by Mancur Olson. Even if the motives of a stationary bandit are entirely selfish it can still be in his interests to enter into a mutually beneficial partnership with his subjects. In exchange for taxes he may use his power to give them the incentive to attempt to accumulate wealth, for example by recognising property rights and enforcing contracts. There is further explanation here.

In historical terms, monarchies that were prepared to use their coercive powers to defend the rights of citizens were a step in the direction of rule of law – a set of institutions protecting individual rights and ensuring that no-one is above the law.

Steven Pinker notes that a humanitarian revolution occurred in the 17^th and 18^th centuries resulting in a reduction in barbarity of punishments, a greater willingness to allow heretics to go to hell rather than to persecute them to save their souls, and a reduction in the power of kings. Pinker attributes this revolution to enlightenment humanism. I have previously argued that Pinker is broadly correct to present this as a coherent world view in terms of its impact on public opinion, despite the disparate views of leading thinkers.

Other factors which Pinker sees as contributing to the peacefulness of societies include: growth in the power of women; an expansion in the circle of sympathy to encompass people in other communities and other countries; and ‘the escalator of reason’, which involves detaching oneself from a parochial viewpoint. I have discussed those processes previously, so I will not dwell on them here. It is worth noting, however, that the circle of sympathy and escalator of reason also promote freedom via greater recognition of human rights and enabling widespread adoption of emancipative values.

So, has the greater liberty of the western democracies made them uniquely peaceful?

The answer isn’t obvious. Homicide statistics suggest that some countries with autocratic governments are also relatively peaceful. It seems likely, however, that may reflect suppression of violence rather than genuine peacefulness. That view is supported by the explosion of violence that occurred in eastern Europe following the collapse of communism in eastern Europe.

Research by Tapio Lappi-Seppälä and Martti Lehti, using an extensive international data base, suggests that the level of lethal violence is heavily dependent on the rule of law, the extent of corruption, the level of democracy, and social and economic equality. High crime societies are characterised by stronger authoritarian and conservative moral views, more collectivist cultures, and short-term cultural orientations (‘Cross-Comparative Perspectives on Global Homicide Trends’,  Crime and Justice 43(1): 2014).

The relationship between rule of law and homicide rate, as depicted in the graph at the beginning of this post (borrowed from the article by Tapio Lappi-Seppälä and Martti Lehti) is particularly pertinent to the question of how liberty promotes peacefulness. The rule of law index used (the World Bank’s index constructed by Daniel Kauffman, Aart Kraay and Massimo Mastruzzi) captures “perceptions of the extent to which agents have confidence in and abide by the rules of society, and in particular the quality of contract enforcement, property rights, the police and the courts, as well as the likelihood of crime and violence”. I have previously noted that the index covers similar ground to the legal component of an economic freedom index.

Conclusion

Liberty promotes peacefulness because it requires people to refrain from initiating or threatening any forceful interference with other individuals or their property. The rule of law that protects liberty also promotes peacefulness by enabling societies to avoid the violence associated with do-it-yourself justice.

How can you believe in the existence of natural rights?

In preceding articles on this blog I have traced the evolution of the concept of natural rights from ancient reasoning about natural law to the U.S. Declaration of Independence in 1776. The importance of the Declaration’s assertion of natural rights stems from the moral support its inspiring message has provided, and still provides, to people whose rights have been infringed or insufficiently recognised in the U.S. and elsewhere in the world.

Not long after the U.S. declared independence, some influential philosophers began to cast doubt on the concept of natural rights. The famous British statesman and political philosopher, Edmund Burke, argued that “the primitive rights of man undergo such a variety of refractions and reflections, that it becomes absurd to talk of them as if they continued in the simplicity of their original direction” (Reflections on the Revolution in France, 1790).

Jeremy Bentham, the founder of utilitarianism, argued that only political rights – rights established and enforced by governments have “any determinate and intelligible meaning”. He viewed natural rights as “rhetorical nonsense, nonsense upon stilts” (Anarchical Fallacies, 1796).

Much modern questioning of the existence of natural rights stems from doubts about the existence of a Creator who could endow them in the manner suggested by the authors of the U.S. Declaration of Independence. Michael Birshan has suggested that although it is plausible that there is a system of natural rights instituted by a Supreme Being, “it is much less plausible that man could ever discover them through rational reasoning”.

Does it make sense to view natural rights as stemming from our human nature, without necessarily involving the intervention of a Supreme Being? I believe it does. I advance two overlapping lines of argument below to support the view that natural rights are inherent in the nature of humans.

The first line of argument stems from Aristotle’s observations about the natural potential for individual humans to flourish. As explained recently on this blog, an understanding of the nature of human flourishing implies that individuals have liberty to exercise responsibility for self-direction. In one of the first posts published on this blog I drew attention to the observation of Douglas Rasmussen and Douglas Den Uyl about the role of liberty in protecting “the possibility of agency or self-direction, which is central to any and every form of human flourishing”.

However, that line of argument doesn’t fully explain why you and I have strong moral intuitions that we, and Mr Xi, should recognise that other individual humans have the right to exercise the self-direction that is central to their flourishing.

My second line of argument is that a capacity for moral intuitions is inherent in human nature and has evolved over time into the ethics of respect – the foundation of natural rights - as a consequence of natural processes of cooperation for mutual benefit.

In ancient times, the existence of such intuitions was recognised by Cicero, who argued that “respect for virtue” is a ubiquitous aspect of human nature and that “nature made us just that we might participate our goods with each other, and supply each other’s wants”.

In the 18^th century, Francis Hutcheson also recognised such intuitions in discussing the “the right to natural liberty”:  “Every man has a sense of this right, and a sense of the evil of cruelty in interrupting this joyful liberty of others, without necessity for some more general good”.

More recently, intuitions about ethical treatment of others have been studied by Jonathan Haidt, a social psychologist, in The Righteous Mind: Why good people are divided by politics and religion, 2012.  The basic idea of his moral foundations theory is that our moral intuitions are related to adaptive challenges of social life that have been identified by evolutionary psychologists. Moral foundations are innate, but they are expressed in differing ways and to differing extents in different cultures. I have high regard for Haidt’s moral foundations theory but, as noted previously, in my view his survey methods exaggerate the extent that people who give high priority to liberty are undisturbed by feelings of empathy and disgust.

The best philosophical discussion I am aware of about the evolution of the ethics of respect is that by Robert Nozick in Invariances, 2001. Nozick began his earlier, and more famous, book, Anarchy, State and Utopia, by assuming a state of nature in which individuals are in a “state of perfect freedom”. He noted that he was “following the respectable tradition of Locke, who does not provide anything remotely resembling a satisfactory explanation of the status and basis of the law of nature in his Second Treatise”. Chapter 5 of Invariances does seem to me to provide a satisfactory explanation of how moral intuitions might have evolved naturally to support the ethics of respect.

Nozick’s argument can be briefly summarised as follows:

• The higher capacities of humans, including capacities for conscious thought, control of impulses and planning, have been selected for by evolution because of the benefits they bring e.g. in enabling adherence to ethical norms.
• The use of norms to guide behaviour enables humans to extend the realm of cooperative behaviour for mutual benefit beyond what would otherwise be possible.
• Cooperative behaviour for mutual benefit includes, among other things adherence to norms of non-interference – refraining from murdering, enslaving and stealing from others – provided they are willing to reciprocate. 
• The impetus to extend the sphere of voluntary cooperation for mutual advantage beyond the immediate family or group is the perception that this brings benefits greater than can be obtained otherwise e.g. by involuntary exchanges. That has been an important component of the history of ethical progress, even though there has been much backsliding
• Evolution may have shaped humans to enjoy cooperative activity. A reputation for adhering to norms of cooperative behaviour brings rewards by attracting further cooperation, and may have conferred reproductive advantages.
• The internalisation of norms enables them to be followed even when no-one is watching who can sanction deviations. Internalisation brings ethics into play. Something other than (or in addition to) punishment by other people must support rules if they are to become ethical principles or values.
• The evaluative capacities of humans enable them to generalise from different experiences of cooperative behaviour for mutual benefit and to identify common properties in a range of experiences. In turn, those abilities make persons less prone to the push and pull of desires and more prone to feel uncomfortable when their evaluations are discordant. (An example of the latter is conflict between a desire to enforce traditional norms relating to religious observance and to advance norms of non-interference.)
• Moral progress involves, among other things, shrinkage of the domain of mandatory morality to enable a domain of liberty and personal autonomy to be established, and for the ethics of respect to emerge. 

Nozick sums up:

 “if conscious self-awareness was selected for because it makes us capable of ethical behaviour, then ethics, even the very first layer of the ethics of respect, truly is what makes us human. A satisfying conclusion. And one with some normative force” (p 300).

Since the ethics of respect entails recognition of Lockean rights, Nozick’s naturalistic explanation implicitly recognises that such rights are natural.

Conclusion

It makes sense to believe that natural rights are inherent in the nature of humans. Individual humans have a natural right to exercise the self-direction that is central to their flourishing. Natural rights have normative significance as an outcome of a long evolutionary process involving development of moral intuitions, social norms and evaluative capabilities. That process explains why you and I have moral intuitions that we, and Mr Xi, should abide by the norms of liberty that maximize the opportunities available for all to flourish.

Why did the US Declaration of Independence specify an unalienable right to the pursuit of happiness?

Given that the United States was founded by politicians, is there is any point trying to understand why any particular words were included in the Declaration of Independence? I think there is.
The politicians who drafted the Declaration in 1776 seem to have been more thoughtful and principled in their approach than many contemporary politicians engaged in similar constitutional issues e.g. Brexit. More importantly, even if we  think the founders were engaged in a self-interested bid for power, in preparing their Declaration they were seeking the support of American colonists, so it was in their interests to express sentiments that would attract widespread support within those communities.

Thomas Jefferson, who wrote the first draft of the Declaration, maintained later that “it was intended to be an expression of the American mind”:

“All its authority rests then on the harmonizing sentiments of the day, whether expressed in conversation, in letters, printed essays, or in the elementary books of public right, as Aristotle, Cicero, Locke, Sidney, &c.”

A copy of an extract from Jefferson's draft:

The words relating to an unalienable right to pursuit of happiness were unchanged in the various drafts of the Declaration. Rather than pondering whether those words were borrowed from one source or another, it may be more illuminating to focus on why the ideas expressed by those words would have appealed to the intended audience of American colonists and their sympathisers.

The idea of individuals being “endowed by their creator” with “unalienable rights” would have appealed to numerous followers of John Locke among American colonists. Unalienable (or inalienable) rights continue to exist even when not recognized by governments; such natural rights cannot be taken away, sold, or given away. Locke’s view that the existence of a natural right to liberty provided justification for the overthrow a tyrannical government added philosophical support to the desire of colonists free themselves from British rule.

Was “pursuit of happiness” included merely as a rhetorical device? You and I might argue that a right to liberty implies a right for individuals to pursue happiness in whatever way they choose. However, some historians have suggested that in 18^th century America there could have been a tendency for liberty to be interpreted in terms of the classical republican tradition of political participation, rather than in Lockean terms of freedom from violation of natural rights (see Darrin McMahon, Happiness, a history, p 324). In that context it seems to me that recognition of a natural right to pursue happiness might have been seen to offer additional protection e.g. in discouraging governments from attempting to control religious beliefs.

Darrin McMahon’s discussion of the meaning of “pursuit of happiness” in 18^th century America aids understanding of why it would have been widely viewed as a natural right at that time. He notes that John Locke wrote of natural rights to “life, liberty and estate” rather than life, liberty and happiness. Nevertheless, Locke saw pursuit of happiness as an important feature of a divinely orchestrated natural world in which individuals seek pleasant sensations and have differing tastes. Locke’s view of happiness combined hedonism with goodness, the exercise of practical wisdom, and spirituality. He suggested that the “constant pursuit of true and solid happiness” … “which is our greatest good” … frees us “from any necessary determination of our will to any particular actions”. Locke saw heaven as offering the greatest of all pleasures.

McMahon also notes the important influence of Scottish Enlightenment philosophers, particularly Francis Hutcheson, in 18^th century America. As noted in the preceding article on this blog, Hutcheson argued that humans possess a moral sense. We can obtain happiness by doing good!

Carli Conklin has suggested the English jurist, William Blackstone (1723 - 1780) as the source of another influential view about pursuit of happiness in 18^th century America (‘The Origins of the Pursuit of Happiness’, Washington University Jurisprudence Review, 7/2, 2015). The founders strongly disagreed with Blackstone’s belief that the British parliament remained a supreme authority over the colonies. However, they agreed with him about natural law and the pursuit of happiness, and may have seen advantage in drawing on those views to highlight an inconsistency in his position.

In his Introduction to Commentaries on the Laws of England, Blackstone argues that individual pursuit of happiness is the foundation of natural law:

 “For [the Creator] 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 can not 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 happiness.” This is the foundation of what we call ethics, or natural law.”

The views of Benjamin Franklin about pursuit of happiness seem to draw together many threads of thinking on this topic in 18^th century America. Carli Conklin quotes his views as follows:

‘Benjamin Franklin stated “[t]he desire of happiness in general is so natural to us that all the world are in pursuit of it” and although men may attempt to achieve happiness in different ways, the reality is that “[i]t is impossible ever to enjoy ourselves rightly if our conduct be not such as to preserve the harmony and order of our faculties and the original frame and constitution of our minds; all true happiness, as all that is truly beautiful, can only result from order.” Therefore, according to Franklin, if we pursue happiness through passion instead of reason, we achieve only an “inferior” and “imperfect” happiness, because “[t]here is no happiness then but in a virtuous and self-approving conduct.” Indeed, Franklin argued “the Science of Virtue is of more worth, and of more consequence to [man’s] Happiness than all the rest [of the sciences] put together.” Furthermore, Franklin stated, “I believe [God] is pleased and delights in the Happiness of those he has created; and since without Virtue Man can have no Happiness in this World, I firmly believe he delights to see me Virtuous, because he is pleas’d when he sees me Happy”.’

Conclusions

The US Declaration of Independence specified pursuit of happiness as an inalienable right because the founders knew that sentiment would attract widespread support among American colonists and their sympathisers. “Pursuit of happiness” was more than an attractive rhetorical device in a context where an inalienable right to liberty might have been interpreted in civic republican, rather than Lockean terms. 
Given the meaning of the pursuit of happiness in 18^th century America - influenced by Locke, Hutcheson, Blackstone and Franklin, among others – it is easy to understand why it would have been widely recognised as a natural right. 
Pursuit of happiness was widely perceived in terms that have a great deal in common with the activity of human flourishing, as perceived by Aristotle and his followers. 

How did we get from natural law to natural rights?

It seems to be becoming fashionable these days for people in the western world to downplay the importance of liberty. Some people even express a Utopian vision of a society in which we would sacrifice liberty to enable wise scientists to govern our lives, making sure we don’t harm the environment, that everything we do is in the interests of social justice, that no-one says or does anything that might offend anyone else, and of course, that we all feel happy. When you try to remind these visionaries that scientific socialism ended in tyranny, they say it will be different next time. When such people take over, guess what happens.

"Power tends to corrupt, and absolute power corrupts absolutely. Great men are almost always bad men."

Lord Acton wrote that in 1887, well before Lenin, Stalin and Mao, came on the scene as young idealists, intent on creating utopias. They were ruthless in attaining power, and became evil tyrants to retain it.

Anyone who doubts the value of liberty should ask themselves what it would be like to live in a country that doesn’t allow the basic freedoms that they take for granted. What would it be like to live in a country where you don’t have freedom of religion, where you can be put in jail for expressing views not approved of by political leaders, where you could be subject to arbitrary arrest, where your property can be seized by the government, or where your freedom to  move around is restricted? Such countries are still easy to find.

The purpose of that introductory rant was just to suggest that the liberty we have is worth keeping. If you want to keep it, you should be interested in how we got it.

You don’t need to know much history to be aware that recognition of the right to life, liberty and property has had strong links to the concept of natural rights. You might also be aware that John Locke 1632 -1704) is widely viewed as an important figure in promoting the concept of natural rights.

John Locke’s Second Treatise on Civil Government was “outstanding in its lasting effects”. The quoted phrase, by Friedrich Hayek, is in the Constitution of Liberty (p 170). Rights to life, liberty and property are often referred to as Lockean rights. The attribution is appropriate even though the definition of such rights has changed somewhat since Locke wrote his Second Treatise. Locke’s exposition of natural rights has had lasting effects on political philosophy and discussion of constitutional issues.

Locke’s view of natural rights stems from his perception of the state of nature, prior to government:

“In this state men are perfectly free to order their actions, and dispose of their possessions and themselves, in any way they like, without asking anyone’s permission—subject only to limits set by the law of nature”.

He goes on to explain that natural law entails obligations to respect the life, liberty and possessions of others:

“The state of nature is governed by a law that creates obligations for everyone. And reason, which is that law, teaches anyone who takes the trouble to consult it, that because we are all equal and independent, no-one ought to harm anyone else in his life, health, liberty, or possessions.”

A couple of chapters later, in explaining property rights, Locke asserts that individuals own themselves:

“every individual man has a property in his own person; this is something that nobody else has any right to. The labour of his body and the work of his hands, we may say, are strictly his. So when he takes something from the state that nature has provided and left it in, he mixes his labour with it, thus joining to it something that is his own; and in that way he makes it his property”.

John Locke obviously made an important contribution in explaining that natural law implies natural rights. However, I don’t think a few quotes from Locke provides an adequate answer to my question of how we got from natural law to natural rights. As discussed in a recent post, the history of liberty began in the ancient world.

Where can we find an example from the ancient world of a statement of natural law that provides some recognition of a right to liberty? Aristotle might come to mind as a possibility, but as indicated in another recent post, I have some misgivings about his account of natural law.

Cicero provided a more coherent account of natural law, in my view. He saw natural law as a moral force integral to human nature, whilst also recognizing the laws of the republic as the product of an evolutionary process protecting the rights of citizens.

 Cicero was a Roman statesman, lawyer and philosopher who lived from 106 BC- 43 BC. He has been described as eclectic in his philosophy (e.g. by Anthony Kenny in A NewHistory of Western Philosophy, 2010). For my purposes, Cicero’s eclecticism is helpful. His views provide a coherent synthesis of some of important contributions of those who came before, including Aristotle and the Stoics.

The following quotes from Cicero’s Treatise on the Laws illustrate his view of natural law as an inner moral force:

“For of all the questions on which our philosophers argue, there is none which it is more important thoroughly to understand than this, that man is born for justice, and that law and equity are not a mere establishment of opinion, but an institution of nature”.

“But in nothing is the uniformity of human nature more conspicuous than in its respect for virtue. What nation is there, in which kindness, benignity, gratitude, and mindfulness of benefits are not recommended? What nation in which arrogance, malice, cruelty, and unthankfulness, are not reprobated and detested!”

“It follows, then, in the line of our argument, that nature made us just that we might participate our goods with each other, and supply each others’ wants”.

“As far as we are concerned, we have no other rule capable of distinguishing between a good or a bad law, than our natural conscience and reason. These, however, enable us to separate justice from injustice, and to discriminate between the honest and the scandalous”.

The laws of ancient Rome gave citizens immunity from arbitrary arrest and recognized their rights to make legal contracts, to own property, to choose an occupation, and to move freely, as well as the right to vote and stand for public office. In the introduction to The Republic Cicero recognised that the laws of the republic were the product of an evolutionary process. He approvingly quoted Cato, the elder, as claiming “that the condition of Rome was pre-eminent above all other countries” because: 

“the constitution of our republic was not the work of one, but of many; and had not been established in the life of one man, but during several generations and ages. For [Cato] said so powerful a mind had never existed; from which nothing had escaped; nor that all minds collected into one, could foresee so much at one time, as to comprehend all things without the aid of practice and time”.

It seems to me that many of the ingredients of John Locke’s perception of natural rights were already present in Cicero’s account of natural law. That leads me to my next question:

How did we get from Cicero to Locke?