Several state constitutions contain language such as this, often
at the very beginning of the Bill of Rights: "That all men are born
equally free and independent, and have certain natural, inherent and
inalienable rights, amongst which are, the enjoying and defending life
and liberty, acquiring, possessing and protecting property, and pursuing
and obtaining happiness and safety." This particular quote is from the
Pennsylvania Constitution of 1776.
Can anyone please help me track down the intellectual history of
the "defending life and liberty" part of this sentiment? I assume that
it must refer back to some earlier body of thought, and a body that
focused not just on the right to life and liberty (as in the Declaration
of Independence) but also on a right to *defend* life and liberty. I'd
love to hear more about this, for some work that I'm doing on some
unexpected application of the self-defense principle (outside the
traditional context of the criminal law, and the nearly as traditional
context of the debates about gun control). Many thanks,
Eugene
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