The Declaration of Independence proclaimed "life, liberty and the pursuit
of happiness" to be inalienable rights, but the Bill of Rights
changed the phrase to "life, liberty and property."
1 The intrinsic, emotional
desirability of the pursuit of happiness virtually
guaranteed its widespread acceptance as a goal of the revolution and
enhanced the slogan's motivational effect. In contrast, a common-sense
understanding of property as an essential element of
"liberty" required rational analysis making it unlikely for
such concept to gain widespread understanding. Including "pursuit
of happiness" in the revolutionary slogan was redundant but
useful, and omitting it from the Bill of Rights subtracted nothing from
the concept of "liberty." Inclusion of "property"
in the revolutionary slogan was not necessary, nor would it have
inspired revolutionary fervor, but the absence of a widespread
common-sense understanding of it as an essential component of
"liberty" made its inclusion in the Bill of Rights necessary.
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Revolutionary
Slogan.
The purposes of the Declaration of Independence were
to articulate moral justifications for the revolution and inspire
emotional support for it. The goals of the Constitution were
"to form a more perfect Union, establish Justice, insure domestic
Tranquility, provide for the common defense, promote the general
Welfare, and secure the Blessings of Liberty to ourselves and our
Posterity." See footnote 2.
Securing
Liberty.
The Constitution's design of government accomplished
all those goals except that it failed to "secure
... Liberty" 3
until adoption of the Bill of Rights as the first ten amendments, which secured
the "Liberty" by explicitly identifying individual
rights not to be infringed by government, explicitly including property
as a right not to be infringed absent "due process of law"
4 and not to be
"taken for public use without just compensation,"
5 and explicitly
stating that its "enumeration of certain rights shall not be
construed to deny or disparage others retained by the people."
6. (.back
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Property-Guarantee
Eclipses Happiness-Pursuit.
The pursuit-of-happiness phrase increased the
revolutionary slogan's motivational power because its emotional
desirability made it intrinsically acceptable without need for rational
analysis or ideological explanation. In contrast, property
was a legal concept not likely to have been understood to be an essential
component of "liberty" without rational analysis.
Gaining widespread acceptance of an idea is easy when it's an
emotionally desirable one but difficult when it's an intellectual
concept requiring rational analysis to be understood. This
distinction illustrates a truth about human nature, understanding of
which is essential to devise effective means to impart widespread
understanding of private enterprise as a human-rights concept rather
than merely as an economic-efficiency concept. (.back
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Educational
Failures.
Ignorance about private enterprise is so widespread
because we who do understand it have failed to motivate those who
don't to do the common-sense thinking necessary to understand its
nature as a human-rights concept. Paradoxically, the same
proliferation of means of communication and entertainment which offers
unprecedented opportunities for us to disseminate such knowledge on a
widespread basis also makes such task more difficult because the
pervasive availability of entertainment diminishes people's willingness
to forego leisure in favor of mental work. (.back
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Emotional
Incentives for Rational Analysis.
A desire for relief from emotional discomfort
stimulates rational analysis to discover and obtain relief. This process
continues until the brain obtains relief or concludes that none exists.
When the brain passively receives relief (such as an external
stimulus or spontaneous ending of discomfort) without having to perform
any significant degree of rational analysis, it merely associates
memories of the sources of discomfort and relief. When it actively
procures relief (or concludes that none exists) through rational
analysis, it associates such rational analysis and conclusion with its
memory of the source of discomfort. (.back
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To
Paraphrase Professor Higgins:
It's Plain the Drain is Mostly in the Brain.
The brain simply doesn't bother to perform rational
analysis absent an emotional incentive to seek relief, comfort or
pleasure. Although few of us may have consciously drawn this
common-sense conclusion, we intuitively understand it from our everyday
experiences. A fleeting, mild pain in the arm usually doesn't
stimulate rational analysis, but a severe one will almost certainly
start a rational-analysis search for relief until the brain finds a
remedy, concludes that none exists (or that the problem is merely
temporary), or passively receives relief. Our learning that
a stranger died in a traffic accident may cause momentary discomfort but
is not likely to stimulate rational analysis absent additional
information making it self-evident that circumstances contributing to
that accident pose a risk to us. Such perception of personal risk
gives us an emotional incentive for rational analysis seeking ways to
eliminate, avoid or reduce such risk. (.back
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What
Makes "Your" Problem "My" Problem?.
None of us is inclined to engage in an extensive
rational-analysis search for a solution to someone else's problem
absent an emotional incentive to do so. For example, the
discomfort we experience when we personally encounter an accident
involving someone else stimulates our rational-analysis search for ways
to be helpful. The comfort we derive from our pride in feeling
helpful motivates us to do so. If we were to devise a way to help
a victim stay alive until the arrival of medical assistance, we would
thereby learn a solution we'd never forget. In contrast, when we
encounter an accident with medical assistants already at the scene, our
belief in their expertise relieves our discomfort enough to prevent us
from feeling obligated to be helpful. (.back
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Short-Circuits.
The same phenomena govern our responses to our
perceptions of social problems. A description of an apparent
social problem creates emotional discomfort stimulating a desire for the
comfort of feeling that we're willing to try to be helpful. Such
desire to be helpful stimulates rational analysis to determine how to do
so, but when a solution proposed by someone we perceive as having
expertise accompanies or immediately follows the description of the
problem, our belief that someone else has determined a solution
diminishes our discomfort enough to terminate rational analysis (unless,
of course, the proposed solution is obviously illogical). This
process short-circuits our evaluation of the problem by substituting the
comfort of believing someone else is solving it for the discomfort from
recognizing it. (.back to top.)
"Life,
Liberty and _________"?
Acceptance of emotionally desirable goals occurs
effortlessly but comprehension of intellectual concepts requires mental
work. If all Americans were asked to complete the phrase, "America
stands for life, liberty and ___," the vast majority would say
"pursuit of happiness." Few would say
"property," because few understand property to be the
Constitution's description of a human-rights concept essential to
liberty from oppressive government. (.back
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That
"Thing" Thing.
Almost everyone considers property to be a thing
(such as a physical object, money or stock) rather than the inherent,
human-right of control over one's own labor and its fruits.
It's easy to understand why this misconception is so widespread-- it's
simply more convenient to use the word describing the thing over
which the law of property gives us rights of control. For example,
nearly everyone thinks a tangible thing (such as a table, money
or stock) is property rather than understanding it to be an
exchangeable representation of property (i.e., of human labor).
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To
"Be" or Not to "Be".
The vast majority of people would consider a tree on
an undiscovered, uninhabited island to be property (and most
environmental activists would consider it to be nature's
property). They'd consider an explorer's discovery of the tree to
be a discovery of property rather than understanding the act of
discovery to be the creation of property (i.e., rights created by
the labor of discovery). They'd consider cutting-down the tree to be a taking
(or destruction) of nature's property rather than understanding
such act to be the creation of additional property (i.e.,
creation of additional rights by additional labor). Such
prevailing view of property stands the concept on its head by viewing
natural resources as "property" having intrinsic
"rights" not to be "exploited" by human labor.
This neo-pantheistic philosophy views humans as servants or slaves of
nature rather than as beings with inalienable rights to create property
by human-labor alteration of nature. (.back
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Rise
& Fall of Common Sense.
Common sense suggests that the concept of property as
an inherent, individual right evolved in the human mind long
before the organization of human society. Surely a prehistoric man
believed he was entitled to control an uninhabited cave he found, an
animal he killed or captured, or anything he built or created. The
Ten Commandments recognized the pre-existing state of the concept of
property by simply stating "Thou shall not steal." In
the evolution of human society, the increasing concentration of
governmental power enabled governmental authorities to assert ownership
of, or the "right" to control, the fruits of their subjects'
labors. Feudalism was but one of many examples of governmental
power being used to assert governmental ownership of the fruits of labor
by individuals subservient to such power. Consequently, ordinary people
gradually acquired the erroneous belief that the government was entitled
to the fruits of their labor. (.back to
top.)
Re-Evolution
of Intuitive Understandings.
One of the goals of the American Revolution's
intellectual leaders was to reassert individual rights
intuitively understood at the dawn of human civilization. One of
the goals of the revolution's constitutional finale was to
formally articulate those rights and create permanent,
constitutional barriers against repetition of the historically
demonstrated, inherent, tendency of government to limit, usurp, or
destroy them. During the revolutionary stage, virtually all
colonists had a strong intuitive understanding of property
because colonial society still retained enough of a pioneer/explorer
spirit to view their own efforts, rather than government, as the source
of their rights. However, only the few who had studied philosophy
had acquired an intellectual understanding of property as a
legally recognized, exchangeable representation of the inherent human
right to control the fruits of one's own labor. (.back
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Revolutionary
Re-Evolution.
Even though English common law was gradually
extending legal recognition to the dawn-of-civilization,
intuitive concept of property as an inherently individual right, most
Englishmen (including the colonists) still considered
"property" as something apart from the individual who created
it -- i.e., they would have considered a table to be
"property" rather than intellectually understanding it to be a
legally- exchangeable representation of human labor. Despite
such progress under common law and the brilliance of Eighteenth Century
philosophers, the re-evolution of the pre-historic, intuitive
understanding of property as a human right would have progressed slowly
and episodically absent the American Revolution because it was the
American colonists' pioneer/explorer culture and English heritage that
gave them a unique combination of an intuitive understanding of the
value of freedom forged from the necessity of self-reliance and an
allegiance to the limited-government philosophy which had been steadily
evolving in English law since the Magna Carter. (.back
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"Liberty,
Fraternity, [Static] Equality".
The absence of such unique combination doomed the
French Revolution to failure because the slogan, "liberty,
fraternity, equality" failed to mature into an understanding of property
as a human right. Viewing property as static thing rather
than understanding it as an exchangeable, dynamic representation of
human labor led the French revolutionaries to view "equality"
through the lens of results rather than opportunity. Such static
view of property and the consequent result-oriented view of equality
foreshadowed collectivist philosophies that emerged in the Nineteenth
and Twentieth Centuries such as socialism and communism. (.back
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Static
Distribution.
The static view of property widespread among people
today makes them susceptible to propagandistic, collectivists,
class-warfare arguments that the "distribution" of property is
"unfair." The now widespread use of statistical analyses to
provide socio-political theories with a scientific imprimatur has
further obscured the meaning of property as a result of casual,
un-defined use of the statistical term "distribution" to
describe patterns of economic achievements. This leads people
unfamiliar with the statistical meaning of
"distribution" to wrongly believe that control of a large
percentage of total wealth by a small percentage of individuals is
evidence of some hidden, sinister mechanism to unfairly
"distribute" wealth to a few at the expense of the many.
In contrast, anyone understanding property to be a legally- recognized
exchangeable representation of human labor would know that such wide
disparities in wealth simply reflect wide disparities in human labor,
creativity and risk-taking. (.back to top.)
The
Status of Static Status.
It's difficult to identify a particular point in
American history when the static view of property gained widespread
acceptance. At least through the end of the American frontier,
most individuals perceived themselves as being in control of their own
destinies and responsible for their own fates, and such perceptions
reinforced their intuitive, common-sense understanding of property as a
dynamic process. By the end of the New Deal, a static view of
property based on an expectation of governmental responsibility for, and
a belief its ability to provide for, the material well-being of individuals
had completely supplanted the frontier-era belief in
self-responsibility. Each incremental increase in the government's role
as provider necessarily reduced the need for Americans to perceive
themselves as being primarily responsible for their own destinies.
Now, as we begin the Twenty-First Century, the political belief
that part of government's responsibility is to "distribute"
property "fairly" has become widespread while government
leaders pay lip service to the principles of a "market
economy." (.back to top.)
"We"
versus "They" meets "Us" versus
"Them"
The current trend is discouraging, to say the least.
If we who understand private enterprise are to reverse this accelerating
trend, we must disseminate educational information in a form and manner
creating an emotional incentive for the consumer of the information to
engage in rational analysis of the information. It's been easy for
those with a collectivist, static-property mindset to gain widespread
acceptance of their philosophical viewpoint because such acceptance
merely requires that their ideas have emotional desirability. The
challenge for those of us who understand private enterprise as a
human-rights concept is to create effective emotional incentives for
people to apply their common-sense, rational-analysis capabilities in
analyzing problems and proposals for solutions. (.back
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We who understand the human-rights nature of
private enterprise tend to believe that people ought to be
motivated to rationally analyze social problems and proposals for
solutions. From that premise, most of us are inclined to believe that we
are more "rational" and less "emotional" than those
who don't understand the principles that seem so clear to us. We
think "they" don't understand because they're just "too
lazy" to exert the mental effort to learn what we've learned. These
are incorrect views of ourselves as well as of them. (.back
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Why
are We "We" and They "They"?
What motivated us to learn the truths that we
understand?
Emotions motivated us to do so-- e.g., the emotional satisfaction
of feeling that we're responsible citizens, the fun of mental combat
with opponents, the emotional satisfaction of problem-solving, pride in
being willing and able to analyze complex issues, pride in perceiving
ourselves as realists making decisions based on objective logic rather
than emotionalism. (.back to top.)
We've
Met Them, and Them Are Us.
What could motivate "them" to learn these
truths? Emotions, of course. If we're really able to
be realists, we must accept the fact that emotions motivated us
to learn what we know and that if we're really as smart as we think we
are, we should be able to determine how to furnish educational
information to the pubic in ways that provide emotional incentives for
"them" to apply rational analysis to the same issues. If
we were to do that, their own common sense would do the rest. (.back
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