The Theory of Thomas Paine (Essay Sample)

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The Theory of Thomas Paine about Human Freedom and the Formation of a New American Government
To the representatives of the radical democratic, legal and political ideologies, the period of the War of Independence (1775-1783) belongs to Thomas Paine. He was the first who raised the issue of separation of the colonies from England and the creation of the independent state of America. This politico-legal concept is described in the pamphlet "Common Sense" (1776). Paine suggested the name of the state that the colonists had to create - "United States of America". This paper analyzes the main provisions of the Thomas Paine of the formation of the new American government and human freedom. The topic is of great interest due to insufficient practical study of these issues.
Why is the pamphlet “Common Sense” essential for the American nation? To answer this question, it is necessary to analyze the political aspects of the formation of the American government and adoption of the Constitution. In his writings, Paine argues about the historical inevitability of the emergence of the state. The social contract does not establish between the people and the rulers; the society should have a legislator because people's intentions and real actions are not always reasonable and justified. The author proposed a new system of polity: a representative parliamentary republic based on universal suffrage, whose activity was regulated by the Constitution, developed by the Constitutional Assembly. Thomas Paine foresaw danger to the USA, so the government needed to adopt a fixed Constitution. The first hazard is typical of any state in the period of turmoil. Genuine freedom and well-being of citizens depends on the head of the state. Another real danger is that the colony is not capable of defending the territory on its own. Government should unite all the colonies to ensure the integrity of the territories (Parrington 410). Legislative Assembly of the former colonies adopted their fixed Constitution on the recommendations of Thomas Paine since 1776.
Constitutional Convention was convened to develop the Constitution of the United States in 1787. Thomas Paine criticized the Constitution; he did not take part in its elaboration. Paine opposed the establishment of a bicameral legislature, formed on the basis of census suffrage and disliked unlimited authority of senators almost six months. In his view, the collegial body was secured by the Constitution. Paine did not suit the position of irremovability of judges; he considered that they should be re-elected and held accountable to the people. Thomas Paine offered to deprive the president of veto powers as he believed that each new generation should determine what is corresponding to their interests; thus, they should have the right to change the Constitution.
The text of the Constitution of the United States was amended in 1789. It was formalized according to the basic principles of Paine, which were raised in an anonymous pamphlet "Common Sense". First, the continental parliamentary republic was created with a strong central government, where formerly independent states united under a single flag. Second, the state involved the principle of "broad and equal representation" of citizens. Third, the federal statute included sections on the rights of citizens. Fourth, the Constitution of the United States was perceived in the country as the Supreme Law. This document was developed in exact conformity with the principles of "Common Sense". Paine’s ideas are inherent in the constitutions of many countries.
The United States of America embarked on building a new type of the state with the adoption of its most important documents, the Declaration of Independence and the Constitution of the United States. Evidently, their experience in the construction of democratic orientation became widespread across all continents.
In regard to the human rights that Thomas Paine regulated in the pamphlet "Common Sense", Paine belonged to the school of political thinkers of the XVIII century. The main purpose of the state is to protect the rights, freedoms and security of society; its objectives are to ensure the social common good. As considered by Paine, the government is a national association whose purpose is to benefit all, and this problem can be solved only by the state that is based on the social contract. The state should eliminate poverty and begging (The Complete Writings 206).
Paine emphasizes that all people are equal and have a natural right.
Life and the people's rights were identified by the Creator of the world, not by previous generations. State alienates people from their freedom and equality and protects devised hereditary barriers in society, appropriating power. A person becomes entangled in the net of political power, and it loses their natural freedom. Then the government violates the human rights. (Morsink 251-53)
The basis of political views of Paine is a democratic interpretation of the doctrine of natural law. In his opinion, right arises together with the advent of society and state. Paine identifies natural and civil human rights in their political and legal theory. Natural rights one has from our birth are the right to happiness, freedom of conscience and thought. People transferred some of their natural rights to the "general fund" with the formation of society and the state, hence, there are civil rights belonging to a person as a member of society. Paine attributed right of ownership to this type of rights.
The joint actions of the people in the direction of transformation of the natural rights of individuals to equal civil rights leading to the formation of relations of equality before the law and the creation of civil society. A necessary condition for the civil state is the emergence of the national government, acting on the basis of the Constitution. The exercise of civil rights enters democratic norms to social relations. (Morsink 251-53)
Paine argued that in its natural state, there was no private ownership of land because it was common property of mankind. Private property appears with the transition to agriculture and as a result of underpayment to workers. Thus, there is a division of people into rich and poor. From their birth, all people are equal in their rights, and the division into rich and poor is a consequence of the emergence of private property. In addition, Thomas Paine was one of the first who opposed slavery in North America in 1775. He demanded the liberation of slaves.
State arises after the union of people into society. People are unable to maintain justice themselves in relation to each other; therefore, the government's objective is to provide and maintain innate human rights. A person has the right to freedom of thought, conscience, the right to do everything for their happiness that does not harm other people. The supreme power in the state should belong to the people; thus, Paine introduced the idea of popular sovereignty, according to which people can choose any form of government.
Paine played an important role in spreading the rationalist view of religion and the church, and he was subjected to social ostracism. The reaction part ignored and rejected the work of Paine, some reasonable ra...