What Amending the Constitution Cannot Do
18th January 2016
Eric S Raymond gives the best explanation of Natural Right that I’ve ever seen.
In modern terms, we can think of “natural rights” as the political and social rules which are required to sustain “life, liberty, and the pursuit of happiness”, and derive them not from religion but from game-theoretic analysis of the behavior of competing agents in a political system.
The theorists of English Republicanism in the century and a half before the Declaration of Independence did not have the language of economics or game theory, but they developed a pretty firm grasp on the theory of natural rights by studying the historical failure modes of various political systems.
The English Republican defenses of (for example) the right to free speech were very simple: if these are not the rules of your polity, your polity will come to a bad end in tyranny and chaos and great suffering. In modern terms, they were seeking stable cooperative equilibria under the recognition that most possible sets of political rules do not yield it.