“In a state of nature…the weak were a prey to the strong…”
Founder’s Quote — Brutus, the Anti-Federalist
Power, and Only Power
I’ve been thinking about this concept of the weak and the strong for the past year or so. It looks to me as if a shift in that assumption is what completely changed the world. The historical norm was that strength, or power, was the only force by which men ruled. Thucydides said as much while writing the history of the Peloponnesian War — “The strong do what they can, the weak suffer what they must.” This was the expectation of the powerful and the weak.
The quote above comes from Brutus, which was a pseudonym for one of the most zealous anti-federalist writers of the Constitutional ratification. We’re still unsure of exactly who Brutus was, but it is likely that he was New York State judge, Robert Yates.
Here is an extended version of that quote from his essay:
“In a state of nature…the weak were a prey to the strong…[E]very individual was insecure; common interest therefore directed that government should be established, in which the force of the whole community should be collected, and under such directions as to protect and defend everyone who composed it.” — Brutus, Essay №1 (1787)
In this essay, Brutus is setting up the purpose of a Constitution, which is to regulate individuals in a society created to protect the weak from the strong through the consent of all included.
The DOI says exactly that, but a bit more succinctly by stating that “to secure these rights, governments are instituted among men.”
But there is still something fundamental assumed in both of these statements. Something that must come first before we set up this social compact through establishing a government: consent of the governed.
Consent of the Governed
We today assume that people have the right to consent. But that was not always the case, as Brutus laid out in describing the state of nature, which is humanity outside of civilization. The weak were simply prey for the strong. But who is to say that’s not how it should be? Why do we even think that this is wrong? Because we assume that every human being is sovereign, or divine, or something to that effect. But why? Says who? Aren’t we just clumps of cells? Why would a little clump of cells that grows into a bigger clump of cells have any right to anything?
There likely is no way to prove that any of this is true. But no belief system comes without assuming a fundamental, unprovable precept, and then moving forward from there. Even scientists assume that truth is accessible, consistent universally, and is necessary for human flourishing. Even more, they assume that the flourishing of humans is good.
In the same way, Brutus and the DOI assume that each human being deserves to be consented by those who rule in order to create civil societies. The same assumption about the nature of humanity which Brutus and the DOI are making, is the same assumption that scientists make when they decide to make life better for humans. They are all assuming that human beings are worthy of their efforts.
They’re not making societies primarily focused on any other creature. They’re not generating energy, fuel or medical advances in order to make the lives of dolphins better. Any benefit to creatures other than humans is an aside to the main project of making lives for humans better. They are all focused primarily on humanity, which assumes that humanity is worthy of or deserves such treatment, focus and energy.
But why? Is it pure selfishness? Maybe. That would make sense to Richard Dawkins’ Selfish Gene which basically frames all of evolution as a means towards survival — creating and copying as many genes forward into the future as possible.
Potential
But the way the Framers…framed it…was that all humans were worthy of that attention because they were created in the image of God. That’s how they saw the basic difference between humanity and the rest of the animal kingdom. Like God, we see not just the present, not just the manner in which the world exists today, but we see potential. Potential exists in the material world and in the world of humanity.
Seeds are not just something full of energy that can be eaten, but are potential fields of food that can feed hundreds and thousands. Coal is not simply a dark black rock, but something that can be burned to create energy and start an Industrial Revolution. Oil is not just a dark, gooey substance that seeps up out of the ground, but a product that can be used to create numerous forms of flammable energy and every plastic product in our homes. Civilizations are the realized potential of substances which had a previous form in their natural state.
That same viewpoint is used when viewing other humans. They are not just clumps of every growing and differentiated cells, but creatures that have more potential to transform our world than any other creature or substance in existence. The benefit of the natural world which we transformed to serve us is dependent on human beings to see and manage that potential. So, to create a society in which they are free to explore and realize that potential it is first assumed that they are created in the image of God, since that is exactly what God does in Genesis.
He uses His word, the logos, to transform the chaos of existence into order. Because of that great potential, humans must be involved in and consent to the rules which govern the societies they participate in. This is why the first American churches created covenants and not decrees. Covenants are agreements between people and ruling powers, or God. Agreements, by their definition, are consented to.
It’s a view of human beings that puts them in a place of great potential and responsibility. Once you agree, you take on the responsibilities that come with that agreement.
The key ingredient here is potential. Anything with the ability to see the potential in our world and change the very nature of reality must be held responsible for that power, which requires that they consent to that responsibility.
That’s why we assume murder is wrong while killing chickens for meat is acceptable. Chickens are adorable, cuddly little creatures but they cannot see potential much less auto upon it. That’s why we today assume that slavery is wrong without being able to articulate exactly why. That’s why young families put stickers on their cars which inform us that there is a baby on board. And that is what both Brutus and the DOI assume prior to making any further conclusions about the creation of a nation and its laws.
The great potential of humans, which is greater the younger they are, is assumed and incorporated into the very fabric of our civilization.