Unalienable Rights and Some Libertarians

Abstract

The idea that all human beings are endowed with unalienable rights is a core element of America’s public philosophy going back to the Declaration of Independence. But it is increasingly clear that many Americans have abandoned the idea that some rights are unalienable- especially, I would argue, libertarians. Given the prevalence of libertarianism in our culture, an important question is whether all libertarians logically ought to reject unalienable rights given their philosophical anthropology. What I propose to do in this article is three things: First, I will introduce and give a definition for “unalienable rights” by reviewing the recent proceedings of the State Department’s Commission on Unalienable Rights. Second, I will show why the concept of unalienable rights is generally incompatible with the libertarian philosophical anthropology. Third, I will survey the writings of specific libertarian philosophers, economists, and law professors to consider whether they believe in unalienable rights. This will allow us to better understand the status of unalienable rights in America today.