In
the Declaration of Independence, it’s pretty apparent Thomas Jefferson copied
Locke’s theories without giving the philosopher any credit. Although Jefferson
never ‘took credit’ for the document, he penned it and it’s generally agreed
that he’s the author. Listed below is a passage from Locke and the
Declaration itself:
Locke:
“The state of nature has a law of nature to govern it, which obliges every one:
and reason, which is that law, teaches all mankind, who will but consult it,
that being all equal and independent, no one ought to harm another in his life,
health, liberty, or possessions.” Second
Treatise of Government, Ch. II, sec. 6
DoI:
“We hold these truths to be self-evident, that all men are created equal, that
they are endowed by their Creator with certain unalienable Rights, that among
these are Life, Liberty and the pursuit of Happiness..."
This website shows another instance where Jefferson clearly ripped off Locke without crediting him.
One could argue then that Thomas Jefferson was acting as a thief by copying Locke. Jefferson didn’t word-for-word plagiarize, but he stole the ideas and passed them off without crediting their founder – Locke. Those philosophies were Locke’s own property and he had sole rights to them. By Jefferson copying, he took Locke’s liberty (property rights) away. According to what we just read in chapter three of Second Treatise, Jefferson could have justifiably been killed (which is ironic because Locke’s the man he plagiarized).
This website shows another instance where Jefferson clearly ripped off Locke without crediting him.
One could argue then that Thomas Jefferson was acting as a thief by copying Locke. Jefferson didn’t word-for-word plagiarize, but he stole the ideas and passed them off without crediting their founder – Locke. Those philosophies were Locke’s own property and he had sole rights to them. By Jefferson copying, he took Locke’s liberty (property rights) away. According to what we just read in chapter three of Second Treatise, Jefferson could have justifiably been killed (which is ironic because Locke’s the man he plagiarized).
Sec.
18. "This makes it lawful for a man to kill a thief, who has not in the
least hurt him, nor declared any design upon his life, any farther than, by the
use of force, so to get him in his power, as to take away his money, or what he
pleases, from him; because using force, where he has no right, to get me into
his power, let his pretence be what it will, I have no reason to suppose, that
he, who would take away my liberty, would not, when he had me in his power,
take away every thing else. And therefore it is lawful for me to treat him as
one who has put himself into a state of war with me, i.e. kill him if I can;
for to that hazard does he justly expose himself, whoever introduces a state of
war, and is aggressor in it."
Good
ole Tom could be classified as the ‘aggressor’ in this situation, and then
Locke has the right to “kill him if [he could].” If Jefferson was willing to
take his ideas, what would stop him from taking Locke’s life? If Locke was able
to kill Jefferson, he could make the argument that he was ‘preserving himself.’
This seems quite severe and an overreaction, but perhaps that’s an issue with Locke’s
state of nature…
Now I'm not arguing there should have been a public execution of Thomas Jefferson to make a statement about the infringement upon private property; actually that would have been a terrible idea and devastating for the young country's future. But, I find it fascinating the United States' statement of independence was essentially plagiarized by means of 'patchwriting.'


Your argument about stealing property raises an interesting question about intellectual property. Jefferson wrote the Constitution almost a century after Locke's Second Treatise, but does Locke still own those ideas? How long after dying does someone retain the right to their intellectual property. Currently, in the United States copyrights last for 70 years after the death of their owner, which means that Locke's authority over the use of his ideas would have expired two year before Jefferson wrote the Declaration.
ReplyDeleteAlso, I don't necessary think that Locke would have been opposed to Jefferson being heavily influence by his ideas. How proud would Locke have been that his ideas birthed one of the most powerful nations ever. I personally believed Locke would have been more flattered than anything.
I think both of you make really great points. I agree with Christopher that Locke probably would have been very happy to know his ideas had such a prominent influence on the creation of our government. But I think he would have been happier had he been credited, as Ryan argues.
ReplyDeleteChristopher also makes a good point that copyrights expire, but should they? How can your ownership over an idea expire? I get that with ideas like this, they should be able to be used by someone other than the creator. But they shouldn't be without giving clear credit to the original owner.
And just because the copyright has expired doesn't make it okay. I could never write a piece about how I truly believe the state of nature is a constant state of war without crediting Hobbes. Even if I didn't steal direct quotes or examples but came up with my own way of saying it, wouldn't professors and scholars in general see it to be plagiarism if I hadn't credited Hobbes for originally coming up with those ideas? I think when it is put into context like that, it seems like this credit is necessary, when it might not have seemed so in Jefferson's case.
I thought your claim that the Declaration of Independence "is, arguably, the most famous document ever written" was very American-centric. I would argue that the Magna Carta, Don Quijote, the Iliad, and the Odyssey (to name a few) have been much more famous over time, and still are to this day in other parts of this world.
ReplyDeleteI think that when we consider that context of the Declaration of Independence, it makes sense that Jefferson didn't cite Locke. What do you propose? Perhaps he could have added footnotes? The Declaration was published as an open letter to King George and the government of England: it would have been quite strange if Jefferson were to cite Locke within such a letter. Thomas Jefferson was not claiming to be creating these ideas, but merely putting the thoughts of the colonists into a succinct format.
I agree with Mollie. I think it is completely fine not to cite Locke. It's not as if Jefferson were writing a book or a piece for some academic journal. This was a letter to King George. Because of that I think it is held to a different standard in terms of citations. Also, it's not as if the founding fathers claimed to have invented these ideas, nor is that the way basic elementary history remembers it. Locke has been forever tied to the founding fathers. Every American child learns his name when they learn about the Revolution. Granted, he may not be as well known as Jefferson, history has still given him his credit for these ideas.
ReplyDeleteInteresting take on the concept of intellectual property and the connection between natural rights theorists! However, I have to agree with my peers that John Locke would have been absolutely pleased that Tomas Jefferson was expanding upon his ideas and applying them to a cause such as the American Revolution.
ReplyDeleteGiven the time period, it is possible that direct references to other works was unnecessary as those who were literate were excepted to know and understand what works were being referenced? If not, I find it hard to believe that Jefferson was ignorant of Locke, who was such an integral contributor to the concept of natural rights. Yet at the same time, I also find it hard to believe that Jefferson would plagiarize Locke for the sake of plagiarizing; it seems more plausible that Jefferson agreed with Locke and felt the need to expand upon his ideas as well as apply them to the relevant scenarios of the time period.
Also, something interesting for my peers who have discussed the concept of intellectual property. There is an interesting example of reductio ad absurdum (showing an argument false through a reduction that results in an absurd conclusion) due to the interconnectedness of intellectual property and technology. Because of the reliance of technology upon mathematics (everything can be represented by a string of numbers) an interesting case arises where some numbers are considered illegal to reproduce, speak, or write down because they may represent intellectual property or sensitive information. Take a look at http://en.wikipedia.org/wiki/Illegal_number