I have discussed two another origin and meaning of the famous phrase “all men are created equal.”  I wrote about how it originates in part from the studies of class systems in ancient Rome and how it implies simpler government. Now I want to discuss the legal origins of the phrase.

The Declaration of Independence was, among other things, a legal document. It was intended to convey specific legal meanings arguing for the separation of the Colonies from Britain. The phrasing and terms in the Declaration were well known legal terms with specific legal meanings. In fact they were so well known that the authors did not need explain their meanings, so the meanings of the terms were “self evident.”

For example, the Declaration contains the phrase “When in the Course of human events it becomes necessary for one people to dissolve the political bands…” In this sense “necessary” has a very specific legal meaning. “Necessary” makes it legally clear that the states are not acting voluntarily to enrich themselves. “Necessary” means that citizens of the United States were being forced to act as a matter of self protection because of the actions of another state, Great Britain.

In the Declaration, “the Laws of Nature” are the general rule of law.  

The Laws of Nature, or natural laws, were assumed to be principles, that applied to individuals by God through nature, not by human laws. Natural law assumes that all people are created in a state of nature, which means without social attachments. We are all equally a part of nature. A dwarf is as much a human being as a giant.  In a natural state we are completely free to do what we want.

As free creatures in a state of nature we are completely free to do what we want. We have the right by nature to do anything that we are able to. That does not mean we should or shouldn’t do specific things. It means we have the right to do things in the sense that we have the physical ability to do certain things. Since we have the physical ability, we are said to have the natural right to do those things.

All living things in a state of nature desire a greater happiness. In the philosophy of the day, when a tree spreads out its branches to get the best sunlight, it is seeking a happier state. All living things are naturally inclined to seek a greater happiness. The Founders called this ongoing effort to acquire a greater happiness a “pursuit.” Pursuit in this sense means something like a trade or hobby, not the act of chasing. From this we get “the pursuit of Happiness.” Human nature is such that our pursuit of happiness leads us to form societies. We are social creatures. We can find a greater happiness through our associations with others than we can by living alone.

We are naturally inclined to find a greater happiness through our associations with others. To benefit from being a member of a society we trade some of our natural rights for civil rights. Civil rights are our rights to be part of a society. Natural rights are essentially physics. Civil rights are social rules. Natural rights are associated with science, while Civil rights are rights of social association. We voluntarily trade some of our natural freedoms so we may enjoy the benefits of being part of a society.

In a state of nature everything we do is either voluntary or driven by necessity. We are thirsty. We must drink water to quench our thirst. We must go to where there is water. That is necessity. The choices we make that are not driven by necessity are voluntary choices.

Every person is equal in that we are all equally moved by necessity and can make voluntary choices. Being equal persons desiring happiness, we voluntarily form societies. People who do not have the freedom to make voluntary choices are animals or the slaves or property of free people.

The statement of equality meant that the people were free people capable of acting voluntarily to create, continue, or break associations. The voluntary choice the founders made was to institute a new society, and with the new society a new government to manage to the societies civil rules.

A state of free people derives its authority to act from the voluntary consent of the people. A state in which the citizens are slaves and not free people has no authority from the people. In making the statement that the people are equal, the Founders laid the legal foundation for the empowerment of their new government. They were saying that the authority of the government came directly from the free citizens.  In other words “…Governments are instituted among Men, deriving their just powers from the consent of the governed.” 

Just as people have natural rights, so do states. The state inherits its natural rights from the its citizens. Just as individual persons act voluntarily to form societies, so do individual states. Just as individual seek a greater happiness, so do collections of people who have formed states. Just as individuals trade freedoms for greater happiness, so do states.  Natural law applied to a states forms what was called the Laws of Nations.

The Laws of Nations were very much concerned with the rules of warfare.  In 1776 the phrase “the Laws of Nature” was assumed to mean generally the same thing as “the Laws of Nations.”

Nations were concerned with protecting their own interests, which often meant using force for self defense. So, much of the theory of Laws of Nations concerned rules of warfare. In referencing “the Laws of Nature” the founders were implying the Laws of Nations. In effect by including “the Laws of Nature” in the Declaration of Independence, the founders were making a declaration of war.

The idea of equality implies that our associations with others is voluntary. When groups of people create societies formally they do so through a Constitution. So the idea of equality is a foundation of the US Constitution.

There are libraries of information about natural law and how it applies to the Declaration of Independence and the Constitution. If you read just one good text I would recommend a classic. I recommend The law of nations, or, Principles of the law of nature applied to the conduct and affairs of nations and sovereigns by Emmerich de Vattel. It is available online at < http://www.constitution.org/vattel/vattel.htm >.

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