Inquiry into the Original of our Ideas of Beauty and Virtue

Background

Francis Hutcheson authored the Inquiry into the Original of our Ideas of Beauty and Virtue in 1725.  A leader in the Scottish Enlightenment, Hutcheson founded the “common sense” school of moral philosophy.  Common-sense philosophers believed that the human mind had an innate “moral sense”—often labelled the conscience—that pushes human beings to treat others well.  For Hutcheson, this moral predisposition was driven less by reason than by feeling.  In this excerpt, Hutcheson provides a helpful way of distinguishing between alienable and unalienable rights—one that influenced key Founders like Thomas Jefferson and James Madison.

Excerpt

Rights alienable, and unalienable.

VII.There is another important Difference of Rights, according as they are Alienable, or Unalienable. To determine what Rights are alienable, and what not, we must take these two Marks:

1st. If the Alienation be within our natural Power, so that it be possible for us in Fact to transfer our Right; and if it be so, then,

2dly. It must appear, that to transfer such Rights may serve some valuable Purpose.

By the first Mark it appears, “That the Right of private Judgment, or of our inward Sentiments, is unalienable;” since we cannot command ourselves to think what either we our selves, or any other Person pleases. So are also our Internal Affections, which necessarily arise according to our Opinions of their Objects. By the second Mark it appears, “That our Right of serving God, in the manner which we think acceptable, is not alienable;” because it can never serve any valuable purpose, to make Men worship him in a way which seems to them displeasing to him. The same way, a direct Right over our Lives or Limbs, is not alienable to any Person; so that he might at Pleasure put us to death, or maim us. We have indeed a Right to hazard our Lives in any good Action which is of importance to the Publick; and it may often serve a most valuable end, to subject the direction of such perilous Actions to the Prudence of others in pursuing a publick Good; as Soldiers do to their General, or to a Council of War: and so far this Right is alienable. These may serve as Instances to shew the use of the two Marks of alienable Rights, which must both concur to make them so, and will explain the manner of applying them in other Cases.