norml21 - Page 53
Page 53
Previous ,
Next ,
Original Image
Return to Index
3 AdamsW_ 449 (1851) (Emphasis in original)°
Thomas Jefferson declared in 1774 that the rights of
Americans were "derived from the laws of nature°" Jeffersonp
____rz_View (1774) quoted in Co P. Patte_son, _____f at 52. In
summarizing the philosophical background to the American
Revolution, C oPo Patterson has stated:
Natural rights, in conclusions was a juristic
conception regarded as e_odied in immutable
law. Violations of natural rights by the
English Parliament were null and void since
contrary to natural justice° To the
forefathers, these rights were not merely
moral beatitudes_ abstractions of the Age of
Reason, but irrevocable rights conferred by
the "law of nature and nature's God'--the
basis of all law, to which man-made law must
conform in order to be lawo
C.P. Patterson, suigras at 49. "The ruling principle of (Hill_s)
essay on Liberty.. o is similar in some respects 13o the ancient
theory of natural rights°" Anschutz, The Philoso h of J.S.
Hill, 58 (1953)o If Courts are going to protect rights which the
framers of the Constitution meant to be protected, they must deal
with "natural 'r or "inherent" rights no matter how difficult it
might be in the modern era. It is this modern inability to treat
natural law concepts that makes Mill_s work particularly
valuable. He provides a workable criterion for determining which
rights were considered protected by the authors of the
Constitution°
53
Previous ,
Next ,
Return to Index