Wednesday, October 19, 2016

What did the Founders think was more important: the common good or individual rights?

This is an interesting question from a philosophical and practical perspective. There is a historical trail of written evidence from the early leaders suggesting common good trumps individual rights. Equal in presentation and force is the written evidence presenting the view that individual rights must always take precedence over the common good. A free society is founded on a free individual. The strands of both arguments are in the contemporary public square and are pertinent to our modern political system. For example, the Second Amendment pertaining to gun rights and gun control is substantively an argument over an individual's right to own a firearm and the common good of the public's desire to control who and the type of firearm deemed acceptable for ownership. The Constitution and the Amendments serve as the document for arbitrating between the two positions with the Supreme Court interpretation of the Constitution as the mediator. In the context of our modern day politics, the public's input comes in the form of volumes of data, which undoubtedly weighs on judicial thinking probably as much as a legal opinion. But that is the current context, not the context in which the early leaders resided.
America was founded as a communal nation with much of the decision-making resulting from community engagement, which theoretically represented the common good. Town meetings are an example of this idea. It is hard to argue the first colonists being overly concerned with individual rights (religion, possibly the exception) instead of survival. Surviving would naturally favor the common good, as banded together, the colonists had a higher probability of success than if they operated independently with no regard for community. The number of colonies that failed was because the colonists abandoned community for their own interests depriving the colony of skill or manpower that could have been used for the common good in preserving the colony. The shift to individual rights occurs only once the colonies achieve success and the common good becomes self-sustaining. As long as individual rights did not compete with the common good but served to sustain and to perpetuate the success of the colony, then early leaders could begin to decide how personal liberty is a critical component to the common good.
Examining the two historical documents most influenced by the founders, The Declaration of Independence and the Constitution of the United States, is inconclusive as to which position the founders believed most important. By comparing the final product of both documents with the historical record from notes, papers, and correspondence between the founders, it seems reasonable they have the same difficulty we have in contemporary times. Depending on which founders you choose to listen to, the answer may lean slightly in one direction than the other.
Deciding if common good or individual rights take precedence over the other is ultimately a political decision best left to the public to decide. This suggests that neither position was favored by the majority of the founders and the expression of both positions as coequals may have been their intent. The common good or individual rights are indivisible and not mutually exclusive representations of the freedoms enjoyed by citizens of the United States.
https://billofrightsinstitute.org/founding-documents/founders-quotes/

https://plato.stanford.edu/entries/common-good/

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