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48 pages 1 hour read

Thomas Paine

The Rights of Man

Nonfiction | Book | Adult | Published in 1791

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Themes

Natural Rights and the Sovereignty of the People

Paine argues that rights are something inherent to all of humanity and are not something bestowed by a certain government or legal system. Instead, all rights come from the Creator, and for this reason all human beings are born free and equal, which means that sovereignty resides in the people as a whole. Paine uses the idea of natural rights to argue that the basis of legitimate government rests in the sovereign will of the common people, who deserve to express their will through representative republican government.

Paine champions natural rights in opposition to those who insist that rights come from tradition, charters, or some other man-made source. Paine argues that those who cite historical “precedents” are too selective in their use of history and “do not go far enough into antiquity” (28). He argues that rights can be traced to the very beginning, when God created the world. Any theory of precedents leaves mankind “thrown back to a vast distance from his Maker” (30), rendering rights something artificial and man-made instead of a divinely-bestowed state of being. Those who argue for rights from precedents, therefore, believe that society grants a man his rights, but Paine claims that society “grants him nothing” (31), since all rights are inherent. 

The sovereignty of the people follows logically from the doctrine of natural rights. If all are created equal, then none have a special claim to authority, and hereditary privileges are a violation of the natural order. This is why, Paine asserts, constitutions and governments can never be the same thing. Citing the Pennsylvania state constitution as an example, Paine highlights a “regular process—a government issuing out of a constitution, formed by the people […] and that constitution serving, not only as an authority, but as a law of control to the government” (127, emphasis added). The people created the constitution, and the constitution results in a government, while also keeping checks upon the powers of that government. It is this process, and no other, that results in legitimate government. 

When considering the best government to safeguard natural rights and reflect the sovereignty of the people, Paine settles on a representative system. Paine describes representative government as an improvement on the ancient Athenian democracy, for it allows the best of democracy to flourish over a much wider sphere. Representation best suits a republican government, which Paine defines not by the government’s form but by its singular focus on “the public good” (119, emphasis added) which “ought to be the character and business of government” (119). Paine contrasts this representative, republican system with hereditary, monarchical systems that privilege the few at the expense of the many and which leave the common people with little or no representation in government. In short, whereas the British government presupposes class distinctions, disrupting the natural equality of all humankind, the “representative system takes society and civilization for its basis; nature, reason, and experience, for its guide” (116), thereby safeguarding the natural rights of all.

The Glory of the American and French Revolutions

Writing in 1791-1792, Paine, like many people on both sides of the Atlantic, still viewed the American and French Revolutions as similar phenomena. This would change beginning in 1793, when France descended into a cycle of terror and bloodshed. In the meantime, however, Paine celebrated both revolutions as glorious events and hoped another would unfold in Britain.

American revolutionaries proclaimed the Enlightenment ideals of equality, natural rights, and consent as the foundation for government, changing the way many people in the 18th century thought about government and its relationship to the material well-being of its citizens. In America, Paine sees “the generality of people living in a style of plenty unknown in monarchical countries” (78). It is significant that Paine highlights the standard of living in America, for in Rights of Man he argues that hereditary government is the primary cause of poverty. In America, he writes, “the poor are not oppressed, the rich are not privileged” (110). For Paine, the American Revolution was not merely an independence movement, it was also “a revolution in the principles and practice of governments” (104, emphasis added).

By the time Paine wrote Rights of Man, the American Revolution had succeeded, but the French Revolution was still under attack by Edmund Burke and others. Much of Paine’s book, therefore, amounts to an extended defense of the French Revolution. Paine argues that the French people rebelled not against the king personally “but against the despotic principles of the government” (13, emphasis added). Whereas Burke characterizes the French revolutionaries as a bloodthirsty mob, Paine admires the courage of those who stormed the Bastille, characterizing the “event” as a choice between “freedom or slavery” (19). Likewise, where Burke depicts the French Revolution as spontaneous and chaotic, Paine insists that it is only the “consequence of a mental revolution priorly existing in France” (50, emphasis added). Paine therefore presents the French people as rebelling with legitimate cause, while also presenting the process of Revolution as a gradual one instead of a violent and abrupt disruption to the social order.

The Tyranny and Absurdity of Hereditary Government

Paine equates hereditary government with tyranny and spends parts of the book mocking it. His primary argument is that hereditary forms of government inevitably lead to tyranny and injustice, thereby suggesting that the system is inherently illegitimate regardless of who sits on the throne. 

Paine argues that hereditary government “is in its nature tyranny” (114), asserting that the key difference between representative and hereditary government constitutes the “one general principle that distinguishes freedom from slavery” (138)—in a representative republic, the sovereign will of the people is supreme, whereas in hereditary governments, power rests in the will of the monarch and his elite. Paine depicts the tyranny of hereditary government as having violent results, pointing out that hereditary claims have been the cause of civil wars in both France and England throughout history. Such competing claims are naturally connected to monarchy, he claims, since all monarchy begins as mere conquest and robbery. Paine characterizes the “brutality” of historical violent power struggles as an explanation for “the original character of monarchy [:] It was ruffian torturing ruffian” (111). Paine’s depictions of monarchical power struggles waged between “ruffians” contrasts with his vision of a world in which the spread of representative republics will lead to international peace.

Paine also argues that monarchies are absurd and maintain their power only through building an empty façade of power and glamor. He calls monarchy “the popery of government; a thing kept up to amuse the ignorant, and quiet them into taxes” (124, emphasis added). He adds that monarchies can only maintain their power and prestige by “hoodwink[ing]” the populace and keeping them “in superstitious ignorance” (160). Paine’s emphasis on the government’s “popery”—a reference to Roman Catholicism, which was often a byword in Protestant England for worldly corruption and excess—and its dependence upon keeping the population “ignorant” in order to remain in power depicts monarchy as inherently deceitful and corrupt. There are, in other words, no redeeming features to monarchy, with Paine dismissing it as “a silly, contemptible thing” (122) that should be abandoned once and for all.

The British “Constitution” as Illusory

Edmund Burke’s Reflections on the Revolution in France (1790) extols the virtues of the British constitution. Paine’s Rights of Man answers Burke with the argument that no such constitution exists, and that what Burke calls a “constitution” is actually an unparalleled system of official corruption.

According to its most enthusiastic 18th-century defenders, the British constitution represented a perfect balance between monarchy, aristocracy, and democracy, exemplified by the king (or queen) and two houses of Parliament. The British constitution, however, was unwritten, existing not as a single, contained document but as a series of precedents developed over many centuries. For this reason, Paine regards the British constitution as nonexistent and the British government as an imposition that “arose out of a conquest, and not out of society” (33, emphasis added). Since Paine believes that only the sovereign will of the people can produce a constitution, which will then produce a government, he regards the entire British system as illegitimate, calling it a “usurpation” that exercises “powers without authority” (71). Paine complains that, in the wake of the American and French Revolutions, apologists for the British government have been “preaching up the doctrine of precedents,” which he dismisses as “one of the vilest systems that can be set up” (134), for it denies the sovereignty of the people and acknowledges no actual restraint on government power.

While 18th-century British constitutionalists celebrated the Glorious Revolution of 1688-1689 and the limited monarchy that followed, Paine regards both the Glorious Revolution and the Hanoverian succession of 1714 as the beginning of insidious corruption. In both instances, foreigners came to occupy the British throne and embroiled the nation in endless wars. The wars expanded the size of the British government and swelled the national debt, which became an excuse for additional taxes and more government offices to be filled with sycophants, whose sole purpose was to prop up the existing regime. Paine condemns courtiers as a “band of interested men,” who are self-interested and power-hungry, finding “as many reasons for monarchy as their salaries, paid at the expense of the country, amount to” (78). Paine decries how this “barbarous system” (146) of war, debts, and taxes enriches the well-connected and impoverishes the masses. He therefore creates a stark contrast between revolutionary America, with its development and ratification of a constitution by the people, with the British system’s illusory “constitution” that props up corruption and privilege while denying the populace true liberty.

Republicanism as a Force for Peace and Prosperity

In the final chapter of Rights of Man, Paine calls for a “costless revolution” in Britain, a revolution that would follow deliberation and judgment rather than “waiting for a calamity that should force a violent one” (193). Having illustrated the tyranny and corruption of the hereditary system, Paine argues that a peaceful republican revolution in Britain would put an end to war and poverty.

Paine asserts that the network of hereditary governments in Europe “supports itself by keeping up a system of war” (113). A state of chronic warfare, Paine argues, is not natural, since humans are naturally sociable and cooperative. He argues that, if the corrupt governments of Europe began lifting restrictions on trade, the new freedom of commerce “would extirpate the system of war, and produce a revolution in the uncivilized state of governments” (147). Furthermore, Paine urges an “alliance” between America, France, and Britain to bring an end to war and oppressive taxation, with all three governments “fitted to a common and correspondent principle” (164) through republican revolution. Paine writes that the end of war would mean a significant reduction in the size of armies and navies, with considerable savings in government expenditure. 

With no wars to wage, open trade, and money saved, Paine suggests that revolutionary Britain would be able to provide for all of its citizens, instead of allowing wealth and comfort to exist for only the few. Paine repeatedly depicts poverty as a matter of social justice. In the introduction to Part 2, he suggests that an imaginary visitor to this world, who knew nothing of the ages or histories of different societies, would assume that the societies of Europe were brand-new, for this hypothetical visitor “could not suppose that the hordes of miserable poor, with which old countries abound, could be any other than those who had not yet had time to provide for themselves” (105). Paine then contrasts this scene of European poverty with what he witnessed in revolutionary America, where “the poor are not oppressed,” and “the rich are not privileged” (110). For Paine, a republican revolution in government would—and should—change the condition of even the humblest citizen. His detailed proposals for social initiatives that could be paid for with the savings from the abolished monarchy further illustrate his belief in the prosperity republicanism can bring to the common citizen: With peace, trade, and equality, the average man and woman will enjoy economic liberation alongside their newfound political freedom.

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