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“After all,” said Clare. “they had a right to happiness.”

We were discussing something that once happened in our own neighborhood. Mr. A. had deserted Mrs. A. and got his divorce in order to marry Mrs. B., who had likewise got her divorce in order to marry Mr. A. And there was certainly no doubt that Mr. A. and Mrs. B. were very much in love with one another. If they continued to be in love, and if nothing went wrong with their health or their income, they might reasonable expect to be very happy.

It was equally clear that they were not happy with their old partners. Mrs. B. had adored her husband at the outset. But then he got smashed up in the war. It was thought he had lost his virility, and it was known that he had lost his job. Life with him was no longer what Mrs. B. had bargained for. Poor Mrs. A., too. She had lost her looks—and all her liveliness. It might be true, as some said, that she consumed herself by bearing his children and nursing him through the long illness that overshadowed their earlier married life.

You mustn’t, by the way, imagine that A. was the sort of man who nonchalantly threw a wife away like the peel of an orange he’d sucked dry. Her suicide was a terrible shock to him. We all knew this, for he told us so himself. “But what could I do?” he said. “A man has a right to happiness. I had to take my one chance when it came.”

I went away thinking about the concept of a “right to happiness.”

At first this sounds to me as odd as a right to good luck. For I believe—whatever one school of moralists may say—that we depend for a very great deal of our happiness or misery on circumstances outside all human control. A right to happiness doesn’t, for me, make much more sense than a right to be six feet tall, or have a millionaire for your father, or to get good weather whenever you want to have a picnic.

I can understand a right as a freedom guaranteed me by the laws of the society I live in. Thus, I have a right to travel along the public roads because society gives me that freedom; that’s what we mean by calling the roads “public.” I can also understand a right as a claim guaranteed me by the laws, and correlative to an obligation on someone else’s part. If I have a right to receive $100 from you, this is another way of saying that you have a duty to pay me $100. If the laws allow Mr. A. to desert his wife and seduce his neighbor’s wife, then, by definition, Mr. A. has a legal right to do so, and we need bring in no talk about happiness.

But of course that was not what Clare meant. She meant that he had not only a legal but a moral right to act as he did. In other words, Clare is—or would be if she thought it out—a classical moralist after the style of Thomas Aquinas, Grotius, Hooker and Locke. She believes that behind the laws of the state there is a Natural Law.

I agree with her. I hold this conception to be basic to all civilization. Without it, the actual laws of the state become an absolute, as in Hegel. They cannot be criticized because there is no norm against which they should be judged.

The ancestry of Clare’s maxim. “They have a right to happiness,” is august. In words that are cherished by all civilized men, but especially by Americans, it has been laid down that one of the rights of man is a right to “the pursuit of happiness.” And now we get to the real point.

What did the writers of that august declaration mean?

It is quite certain what they did not mean. They did not mean that man was entitled to pursue happiness by any and every means—including, say, murder, rape, robbery, treason and fraud. No society could be built on such a basis.

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