Thomas Jefferson, the Apostle of AmericanismChinard, Gilbert
History
Thomas Jefferson, the Apostle of Americanism
Chinard, Gilbert
Jefferson, Thomas, 1743-1826
Unless I am much mistaken we have here the key to the whole democratic
system of government evolved by Jefferson and the solution of the
apparent contradictions often pointed out in his system. Starting from
the hypothesis of Hobbes that in a state of nature men are free agents
and have no other law but their own will, Jefferson attributes to the
surrounding dangers the urge to form some sort of a society, a theory
also found in Locke. But what follows is more original: in forming a
social compact, men do not abdicate all their sovereignty as in the
hypothesis of Rousseau; they do not even abdicate a certain portion of
all their rights. On the contrary, they reserve entire a certain class
of rights, all those they can exercise fully without the aid of exterior
assistance, and they exchange for more security those they cannot
exercise themselves. Thus the social compact is no longer a _pactum
subjectionis_. It is no longer a question of deciding whether in a
society the individual or the society are sovereign, since both are
sovereign in their respective domains. How far Jefferson was from being
a demagogue is clearly indicated by the sentence in which he refers to
James Wilson. Liberty, except liberty of speech and thought, cannot be
unlimited and unrestricted in any society; it is a matter of bargain and
exchange. Thus Jefferson proposed a definition of liberty entirely
different from the French conception as found in Rousseau and reproduced
in the "Déclaration des droits de l'homme" of May 29, 1793: "_La liberté
consiste à pouvoir faire tout ce qui ne nuit pas à autrui._" With him,
on the contrary, liberty consists in the free enjoyment of our will
except in certain specific cases, to be enumerated at the time we form a
social compact. Hence the necessity of a Bill of Rights, in which the
individual accepts certain limitations in order to obtain a
corresponding amount of security, and specifically denominates those of
his natural rights he means to keep integrally and wholly.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account