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DOCTRINE OF HUMAN EQUALITY.
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Analysis of natural law & belief that "all men have equal rights" as basis for American Independence. Theories of Locke, Rousseau & Thomas Paine. Mayflower Compact.... More...
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Paper Abstract:
Analysis of natural law & belief that "all men have equal rights" as basis for American Independence. Theories of Locke, Rousseau & Thomas Paine. Mayflower Compact.

Paper Introduction:
The Doctrine of Human Equality The Mayflower Compact signed on November 21, 1620 by 41 of the male passengers on the Mayflower prior to their landing at Plymouth, Massachusetts demonstrated the early colonists belief in the tendency of men to gravitate toward a natural, independent state. But what is also implicit in the Compact is the signers' belief that man has the right to seek such a state if he desires and that he should not be prevented from seeking such a state unless by his own consent. Consequently, the Compact, although not a constitution of any sort, bound company members into a political body that forced each of them to abide by any laws and regulations that would later be established. Eventually, it would provide the foundation for Plymouth's government. The significant parts of the brief document declare that the signers "solemnly and mutual

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However, each man is not gifted with talents equal tothat of every other man. 7). Originallypublished 1776. Paine, therefore, saw in a monarchy theinstituted inequality against which Rousseau argued in his Discourse onInequality. AsPaine stated: "Europe is too thickly planted with kingdoms to be long atpeace, and whenever a war breaks out between England and any foreign power,the trade of America goes to ruin, because of her connection with Britain"(Paine, 86). But what is alsoimplicit in the Compact is the signers' belief that man has the right toseek such a state if he desires and that he should not be prevented fromseeking such a state unless by his own consent. As an English subject, Locke was arguing specifically against thetyrannical rights of the monarchy. In such a community, there is no equality of men. For example, he argues that "whenever[a man's] property is invaded by the will and order of his monarch, he hadnot only no appeal, as those in society ought to have, but, as if he weredegraded from the common state of rational creatures, is denied a libertyto judge of, or defend his right" (Locke, Ch. Rousseau, Jean-Jacques. Consequently, the Compact,although not a constitution of any sort, bound company members into apolitical body that forced each of them to abide by any laws andregulations that would later be established. Thus, for Locke, asystem of government that gives a man no redress against the governmentalinvasion of his property is not an equal man in the community, and suchinequality is a violation of the laws of Nature. Consequently, American citizens werenot equal under British law because their government could affect theirrights in their property without sufficient redress. 7). John Locke argues from abelief in natural law. In other words, GreatBritain did not represent America. Rousseau agrees with Locke that men formed into communities andselected governmental representatives in order to defend their liberty andproperty (Rousseau, 125). Natural lawtherefore recognized a man's power to preserve and protect his propertyfrom encroachment by others (See Locke, Ch. "Second Essay Concerning the True Original Extent andEnd of Civil Government." 169 . England consults the good of thiscountry, no farther than it answers her own purpose. A stronger man would likely have been able to gather more foodthan a weaker man would, for instance. Furthermore, Paine contends that "America is only a secondary objectin the system of British politics. And Paine argued that such inequality should have no place ingovernment because it violated natural law, as stated by Locke in hisSecond Treatise on Government. New York: Penguin, 1976. Eventually, it would providethe foundation for Plymouth's government. The idea that each man has the right to govern himself is based in abelief in the primacy of the laws of Nature. Because "[m]en being []by nature all free, equal, and independent, [cannot] be put out of hisestate and subjected to the political power of another without his ownconsent" (Locke, Ch. Consequently, that man, whateverhis natural state, would not be equal to other members of the community. Locke asserts that those who are united into one community with ancommon established law to govern and mediate its disputes are "one withanother" in a civil society (Ch. A Discourse on Inequality. Thomas Paine's arguments in favor of American independence wereclearly based on an implicit belief in the primacy of natural law; that allmen have equal rights of life and liberty and a government can only bevalid when it is consented to by the governed and provides to each of thegoverned the ability to contest invasions of his rights. In his essay concerning civilgovernment, John Locke analyzes the various ways in which the state canhold power over the individual, which necessarily includes a discussion ofhow an individual concedes power to a government. Wherefore, her owninterest leads her to suppress the growth of ours in every case which dothnot promote her advantage" (Paine, 93). As Rousseau states, "the stronger did moreproductive work, the more adroit did better work, the more ingeniousdevised way of abridging his labour" (Rousseau, 118). Thus, there could have been no positive law untilmen abandoned their natural state and gathered into communities from whichthey sought protection of their individual liberty and property rights.However, in a state of natural law, while men enjoyed equal freedom, theirquality of their existence would have been unequal based on their naturaltalents. 6). Moreover, heargued that an additional evil or monarchy was hereditary succession, whichgranted powers and rights to certain individuals solely by the accident oftheir birth. Any subjectwho does not have such protection is not equal to the other communitymembers. Paine stated forcibly that "monarchy inevery instance is the Popery of government" (Paine, 76). Consequently, each man in equal under the law.Consider, however, the effect if any man who is governed by the communitycannot enforce the protection of the law when he feels himself injured. This is the basis of the statement in the Declaration ofIndependence that "All men are created equal . .." Works Cited "Declaration of Independence." July 4, 1776. "Mayflower Compact." 162 . . Common Sense. The inequality of monarchic society as a corruption of the state ofNature was the basis of Thomas Paine's argument in favor of Americanindependence in Common Sense. Originally published circa 1753, 1754. Infact, he argues that it subjects all but the rich to a position ofservitude. In his Discourse on Inequality,Jean-Jacques Rousseau elaborates upon Locke's analysis of a governmentbased on tenets of natural law to demonstrate that the inherent inequalityin a state of nature necessarily becomes ingrained in the positive lawbased on such natural law. Through an implicit reliance on Locke and Rousseau, Paine cemented hisargument for independence by detailing the specific harm thatreconciliation ensured. Natural law, as theconcept came to be understood, was based on the belief that, in primitivetimes, man existed in a state of nature governed only by his needs,desires, impulses and physical limitations (Rousseau, 88). Paine argued that the American colonies hadcommercial interests that did not coincide with those of Great Britain.For example, he stated that Great Britain's wars with other Europeancountries harmed America's interests in trading with those countries. However, he argues that after men begancultivating land, they began to divide the land and possess the land,thereby gaining property rights in the land that they sought to protect(Rousseau, 118). 7). But when men left theirsolitude and began forming communities, they necessarily relinquished theright to punish such offenses to the community. Paine, Thomas. Paine demonstrated his inherent belief in the naturalequality of all men: "For all men being originally equals, no one by birthcould have a right to set up his own family in perpetual preference to allothers ever" (Paine, 76). In essence, Paine is arguing thatGreat Britain, as America's government, was acting contrary to the rightsof the people it should have been representing. Locke, John. In other words, when men agree toallow a government to represent them in property disputes, then each manhas an equal right to seek the application and protection of the law whenhe feels himself injured. While natural law is based on the premise that primitive man existedin a state of equal freedom limited only by his own physicalcharacteristics, positive law refers to the codes and statutes enacted togovern civil society. As a consequence: [I]t is thus that natural inequality merges imperceptibly with inequality of ranks, and the differences between men, increased by differences of circumstance, make themselves more visible and more permanent in their effects, and begin to exercise a correspondingly large influence over the destiny of individuals (Rousseau, 118).Rousseau views the society that grows out of the unfettered application ofpositive laws based on natural law as one that actually destroys naturalliberty by limiting the weak and empowering the strong (Rousseau, 122). 8). New York:Penguin, 1984. And as is commonly known, one impetus for theAmerican Revolution was the determination of the American colonists not tobe subject to a government that they felt they had not chosen and that didnot represent their needs. For example, he states that man is born "with atitle to perfect freedom and an uncontrolled enjoyment of all the rightsand privileges of the law of Nature" (Locke, Ch. A government thatmeets these requirements, on its face treats each of its subjects equally.Thus, while subjects may acquire unequal levels of economic well being,each subject will have equal access to protection of the law. The Doctrine of Human Equality The Mayflower Compact signed on November 21, 162 by 41 of the malepassengers on the Mayflower prior to their landing at Plymouth,Massachusetts demonstrated the early colonists belief in the tendency ofmen to gravitate toward a natural, independent state. Insuch a case, that man would not have protection under the law equal to thatof the other members of the community. The significant parts of thebrief document declare that the signers "solemnly and mutually in thePresence of God and one of another, covenant and combine ourselves togetherinto a civil Body Politick, for our better Ordering and Preservation [] toenact, constitute, and frame, such just and equal Laws, Ordinances, Acts,Constitutions and Offices, from time to time, as shall be thought most meetand convenient for the General good of the Colony; unto which we promiseall due submission and obedience" (Mayflower Compact).

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