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Natural and legal rights
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Natural and legal rights are two types of rights. Natural rights are those that are not dependent on the laws or customs of any particular culture or government, and so are universal and inalienable (they cannot be repealed or restrained by human laws). Legal rights are those bestowed onto a person by a given legal system (they can be modified, repealed, and restrained by human laws).
The concept of natural law is related to the concept of natural rights. Natural law first appeared in ancient Greek philosophy,[1] and was referred to by Roman philosopher Cicero. It was subsequently alluded to in the Bible,[2] and then developed in the Middle Ages by Catholic philosophers such as Albert the Great and his pupil Thomas Aquinas. During the Age of Enlightenment, the concept of natural laws was used to challenge the divine right of kings, and became an alternative justification for the establishment of a social contract, positive law, and government – and thus legal rights – in the form of classical republicanism. Conversely, the concept of natural rights is used by others to challenge the legitimacy of all such establishments.
The idea of human rights is also closely related to that of natural rights: some acknowledge no difference between the two, regarding them as synonymous, while others choose to keep the terms separate to eliminate association with some features traditionally associated with natural rights.[3] Natural rights, in particular, are considered beyond the authority of any government or international body to dismiss. The 1948 United Nations Universal Declaration of Human Rights is an important legal instrument enshrining one conception of natural rights into international soft law. Natural rights were traditionally viewed as exclusively negative rights,[4] whereas human rights also comprise positive rights.[5] Even on a natural rights conception of human rights, the two terms may not be synonymous.
The proposition that animals have natural rights is one that gained the interest of philosophers and legal scholars in the 20th century and into the 21st.[6]
Contents
[hide]
1 History
1.1 Ancient
1.2 Modern
1.2.1 Thomas Hobbes
1.2.2 John Locke
1.2.3 Thomas Paine
1.3 American individualist anarchists
1.4 Contemporary
2 See also
3 References
4 Further reading
5 External links
History[edit]
The idea that certain rights are natural or inalienable also has a history dating back at least to the Stoics of late Antiquity and Catholic law of the early Middle Ages, and descending through the Protestant Reformation and the Age of Enlightenment to today.[citation needed]
The existence of natural rights has been asserted by different individuals on different premises, such as a priori philosophical reasoning or religious principles. For example, Immanuel Kant claimed to derive natural rights through reason alone. The United States Declaration of Independence, meanwhile, is based upon the "self-evident" truth that "all men are … endowed by their Creator with certain unalienable Rights".[7]
Likewise, different philosophers and statesmen have designed different lists of what they believe to be natural rights; almost all include the right to life and liberty as the two highest priorities. H. L. A. Hart argued that if there are any rights at all, there must be the right to liberty, for all the others would depend upon this. T. H. Green argued that “if there are such things as rights at all, then, there must be a right to life and liberty, or, to put it more properly to free life.”[8] John Locke emphasized "life, liberty and property" as primary. However, despite Locke's influential defense of the right of revolution, Thomas Jefferson substituted "pursuit of happiness" in place of "property" in the United States Declaration of Independence.
Ancient[edit]
Stephen Kinzer, a veteran journalist for The New York Times and the author of the book All The Shah's Men, writes in the latter that:
The Zoroastrian religion taught Iranians that citizens have an inalienable right to enlightened leadership and that the duty of subjects is not simply to obey wise kings but also to rise up against those who are wicked. Leaders are seen as representative of God on earth, but they deserve allegiance only as long as they have farr, a kind of divine blessing that they must earn by moral behavior.
The Stoics held that no one was a slave by nature; slavery was an external condition juxtaposed to the internal freedom of the soul (sui juris). Seneca the Younger wrote:
It is a mistake to imagine that slavery pervades a man's whole being; the better part of him is exempt from it: the body indeed is subjected and in the power of a master, but the mind is independent, and indeed is so free and wild, that it cannot be restrained even by this prison of the body, wherein it is confined.[9]
Of fundamental importance to the development of the idea of natural rights was the emergence of the idea of natural human equality. As the historian A.J. Carlyle notes: "There is no change in political theory so startling in its completeness as the change from the theory of Aristotle to the later philosophical view represented by Cicero and Seneca.... We think that this cannot be better exemplified than with regard to the theory of the equality of human nature."[10] Charles H. McIlwain likewise observes that "the idea of the equality of men is the profoundest contribution of the Stoics to political thought" and that "its greatest influence is in the changed conception of law that in part resulted from it."[11] Cicero argues in De Legibus that "we are born for Justice, and that right is based, not upon opinions, but upon Nature."[12]
Modern[edit]
One of the first Western thinkers to develop the contemporary idea of natural rights was French theologian Jean Gerson, whose 1402 treatise De Vita Spirituali Animae is considered one of the first attempts to develop what would come to be called modern natural rights theory.[13]
Centuries later, the Stoic doctrine that the "inner part cannot be delivered into bondage"[14] re-emerged in the Reformation doctrine of liberty of conscience. Martin Luther wrote:
Furthermore, every man is responsible for his own faith, and he must see it for himself that he believes rightly. As little as another can go to hell or heaven for me, so little can he believe or disbelieve for me; and as little as he can open or shut heaven or hell for me, so little can he drive me to faith or unbelief. Since, then, belief or unbelief is a matter of every one's conscience, and since this is no lessening of the secular power, the latter should be content and attend to its own affairs and permit men to believe one thing or another, as they are able and willing, and constrain no one by force.[15]
17th-century English philosopher John Locke discussed natural rights in his work, identifying them as being "life, liberty, and estate (property)", and argued that such fundamental rights could not be surrendered in the social contract. Preservation of the natural rights to life, liberty, and property was claimed as justification for the rebellion of the American colonies. As George Mason stated in his draft for the Virginia Declaration of Rights, "all men are born equally free," and hold "certain inherent natural rights, of which they cannot, by any compact, deprive or divest their posterity."[16] Another 17th-century Englishman, John Lilburne (known as Freeborn John), who came into conflict with both the monarchy of King Charles I and the military dictatorship of Oliver Cromwell governed republic, argued for level human basic rights he called "freeborn rights" which he defined as being rights that every human being is born with, as opposed to rights bestowed by government or by human law.
The distinction between alienable and unalienable rights was introduced by Francis Hutcheson. In his Inquiry into the Original of Our Ideas of Beauty and Virtue (1725), Hutcheson foreshadowed the Declaration of Independence, stating: “For wherever any Invasion is made upon unalienable Rights, there must arise either a perfect, or external Right to Resistance. . . . Unalienable Rights are essential Limitations in all Governments.” Hutcheson, however, placed clear limits on his notion of unalienable rights, declaring that “there can be no Right, or Limitation of Right, inconsistent with, or opposite to the greatest publick Good."[17] Hutcheson elaborated on this idea of unalienable rights in his A System of Moral Philosophy (1755), based on the Reformation principle of the liberty of conscience. One could not in fact give up the capacity for private judgment (e.g., about religious questions) regardless of any external contracts or oaths to religious or secular authorities so that right is "unalienable." Hutcheson wrote: "Thus no man can really change his sentiments, judgments, and inward affections, at the pleasure of another; nor can it tend to any good to make him profess what is contrary to his heart. The right of private judgment is therefore unalienable."[18]
In the German Enlightenment, Hegel gave a highly developed treatment of this inalienability argument. Like Hutcheson, Hegel based the theory of inalienable rights on the de facto inalienability of those aspects of personhood that distinguish persons from things. A thing, like a piece of property, can in fact be transferred from one person to another. According to Hegel, the same would not apply to those aspects that make one a person:
The right to what is in essence inalienable is imprescriptible, since the act whereby I take possession of my personality, of my substantive essence, and make myself a responsible being, capable of possessing rights and with a moral and religious life, takes away from these characteristics of mine just that externality which alone made them capable of passing into the possession of someone else. When I have thus annulled their externality, I cannot lose them through lapse of time or from any other reason drawn from my prior consent or willingness to alienate them.[19]
In discussion of social contract theory, "inalienable rights" were said to be those rights that could not be surrendered by citizens to the sovereign. Such rights were thought to be natural rights, independent of positive law. Some social contract theorists reasoned, however, that in the natural state only the strongest could benefit from their rights. Thus, people form an implicit social contract, ceding their natural rights to the authority to protect the people from abuse, and living henceforth under the legal rights of that authority.
Many historical apologies for slavery and illiberal government were based on explicit or implicit voluntary contracts to alienate any "natural rights" to freedom and self-determination.[20] The de facto inalienability arguments of Hutcheson and his predecessors provided the basis for the anti-slavery movement to argue not simply against involuntary slavery but against any explicit or implied contractual forms of slavery. Any contract that tried to legally alienate such a right would be inherently invalid. Similarly, the argument was used by the democratic movement to argue against any explicit or implied social contracts of subjection (pactum subjectionis) by which a people would supposedly alienate their right of self-government to a sovereign as, for example, in Leviathan by Thomas Hobbes. According to Ernst Cassirer,
There is, at least, one right that cannot be ceded or abandoned: the right to personality...They charged the great logician [Hobbes] with a contradiction in terms. If a man could give up his personality he would cease being a moral being. … There is no pactum subjectionis, no act of submission by which man can give up the state of free agent and enslave himself. For by such an act of renunciation he would give up that very character which constitutes his nature and essence: he would lose his humanity.[21]
These themes converged in the debate about American Independence. While Jefferson was writing the Declaration of Independence, Richard Price in England sided with the Americans' claim "that Great Britain is attempting to rob them of that liberty to which every member of society and all civil communities have a natural and unalienable title."[22]:67 Price again based the argument on the de facto inalienability of "that principle of spontaneity or self-determination which constitutes us agents or which gives us a command over our actions, rendering them properly ours, and not effects of the operation of any foreign cause."[22]:67–68 Any social contract or compact allegedly alienating these rights would be non-binding and void, wrote Price:
Neither can any state acquire such an authority over other states in virtue of any compacts or cessions. This is a case in which compacts are not binding. Civil liberty is, in this respect, on the same footing with religious liberty. As no people can lawfully surrender their religious liberty by giving up their right of judging for themselves in religion, or by allowing any human beings to prescribe to them what faith they shall embrace, or what mode of worship they shall practise, so neither can any civil societies lawfully surrender their civil liberty by giving up to any extraneous jurisdiction their power of legislating for themselves and disposing their property.[22]:78–79
Price raised a furor of opposition so in 1777 he wrote another tract that clarified his position and again restated the de facto basis for the argument that the "liberty of men as agents is that power of self-determination which all agents, as such, possess."[23] In Intellectual Origins of American Radicalism, Staughton Lynd pulled together these themes and related them to the slavery debate:
Then it turned out to make considerable difference whether one said slavery was wrong because every man has a natural right to the possession of his own body, or because every man has a natural right freely to determine his own destiny. The first kind of right was alienable: thus Locke neatly derived slavery from capture in war, whereby a man forfeited his labor to the conqueror who might lawfully have killed him; and thus Dred Scott was judged permanently to have given up his freedom. But the second kind of right, what Price called "that power of self-determination which all agents, as such, possess," was inalienable as long man remained man. Like the mind's quest for religious truth from which it was derived, self-determination was not a claim to ownership which might be both acquired and surrendered, but an inextricable aspect of the activity of being human.[24]
Meanwhile, in America, Thomas Jefferson "took his division of rights into alienable and unalienable from Hutcheson, who made the distinction popular and important",[25] and in the 1776 United States Declaration of Independence, famously condensed this to:
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...
In the 19th century, the movement to abolish slavery seized this passage as a statement of constitutional principle, although the U.S. constitution recognized and protected slavery. As a lawyer, future Chief Justice Salmon P. Chase argued before the Supreme Court in the case of John Van Zandt, who had been charged with violating the Fugitive Slave Act, that:
The law of the Creator, which invests every human being with an inalienable title to freedom, cannot be repealed by any interior law which asserts that man is property.
The concept of inalienable rights was criticized by Jeremy Bentham and Edmund Burke as groundless. Bentham and Burke, writing in 18th century Britain, claimed that rights arise from the actions of government, or evolve from tradition, and that neither of these can provide anything inalienable. (See Bentham's "Critique of the Doctrine of Inalienable, Natural Rights", and Burke's Reflections on the Revolution in France). Presaging the shift in thinking in the 19th century, Bentham famously dismissed the idea of natural rights as "nonsense on stilts". By way of contrast to the views of British nationals Burke and Bentham, the leading American revolutionary scholar James Wilson condemned Burke's view as "tyranny."[26]
The signers of the Declaration of Independence deemed it a "self-evident truth" that all men "are endowed by their Creator with certain unalienable Rights". In The Social Contract, Jean-Jacques Rousseau claims that the existence of inalienable rights is unnecessary for the existence of a constitution or a set of laws and rights. This idea of a social contract – that rights and responsibilities are derived from a consensual contract between the government and the people – is the most widely recognized alternative.
One criticism of natural rights theory is that one cannot draw norms from facts.[27] This objection is variously expressed as the is-ought problem, the naturalistic fallacy, or the appeal to nature. G.E. Moore, for example, said that ethical naturalism falls prey to the naturalistic fallacy.[citation needed] Some defenders of natural rights theory, however, counter that the term "natural" in "natural rights" is contrasted with "artificial" rather than referring to nature. John Finnis, for example, contends that natural law and natural rights are derived from self-evident principles, not from speculative principles or from facts.[27]
There is also debate as to whether all rights are either natural or legal. Fourth president of the United States James Madison, while representing Virginia in the House of Representatives, believed that there are rights, such as trial by jury, that are social rights, arising neither from natural law nor from positive law (which are the basis of natural and legal rights respectively) but from the social contract from which a government derives its authority.[28]
Thomas Hobbes[edit]
Main article: Thomas Hobbes
Thomas Hobbes
Thomas Hobbes (1588–1679) included a discussion of natural rights in his moral and political philosophy. Hobbes' conception of natural rights extended from his conception of man in a "state of nature". Thus he argued that the essential natural (human) right was "to use his own power, as he will himself, for the preservation of his own Nature; that is to say, of his own Life; and consequently, of doing any thing, which in his own judgement, and Reason, he shall conceive to be the aptest means thereunto." (Leviathan. 1, XIV)
Hobbes sharply distinguished this natural "liberty", from natural "laws", described generally as "a precept, or general rule, found out by reason, by which a man is forbidden to do, that, which is destructive of his life, or taketh away the means of preserving his life; and to omit, that, by which he thinketh it may best be preserved." (Leviathan. 1, XIV)
In his natural state, according to Hobbes, man's life consisted entirely of liberties and not at all of laws – "It followeth, that in such a condition, every man has the right to every thing; even to one another's body. And therefore, as long as this natural Right of every man to every thing endureth, there can be no security to any man... of living out the time, which Nature ordinarily allow men to live." (Leviathan. 1, XIV)
This would lead inevitably to a situation known as the "war of all against all", in which human beings kill, steal and enslave others in order to stay alive, and due to their natural lust for "Gain", "Safety" and "Reputation". Hobbes reasoned that this world of chaos created by unlimited rights was highly undesirable, since it would cause human life to be "solitary, poor, nasty, brutish, and short". As such, if humans wish to live peacefully they must give up most of their natural rights and create moral obligations in order to establish political and civil society. This is one of the earliest formulations of the theory of government known as the social contract.
Hobbes objected to the attempt to derive rights from "natural law," arguing that law ("lex") and right ("jus") though often confused, signify opposites, with law referring to obligations, while rights refer to the absence of obligations. Since by our (human) nature, we seek to maximize our well being, rights are prior to law, natural or institutional, and people will not follow the laws of nature without first being subjected to a sovereign power, without which all ideas of right and wrong are meaningless – "Therefore before the names of Just and Unjust can have place, there must be some coercive Power, to compel men equally to the performance of their Covenants..., to make good that Propriety, which by mutual contract men acquire, in recompense of the universal Right they abandon: and such power there is none before the erection of the Commonwealth." (Leviathan. 1, XV)
This marked an important departure from medieval natural law theories which gave precedence to obligations over rights.
John Locke[edit]
Main article: John Locke
John Locke, "Life, Liberty, Estate (property)"
John Locke (1632 – 1704) was another prominent Western philosopher who conceptualized rights as natural and inalienable. Like Hobbes, Locke believed in a natural right to life, liberty, and property. It was once conventional wisdom that Locke greatly influenced the American Revolutionary War with his writings of natural rights, but this claim has been the subject of protracted dispute in recent decades. For example, the historian Ray Forrest Harvey declared that Jefferson and Locke were at "two opposite poles" in their political philosophy, as evidenced by Jefferson’s use in the Declaration of Independence of the phrase "pursuit of happiness" instead of "property."[29] More recently, the eminent[30] legal historian John Phillip Reid has deplored contemporary scholars’ "misplaced emphasis on John Locke," arguing that American revolutionary leaders saw Locke as a commentator on established constitutional principles.[31][32] Thomas Pangle has defended Locke's influence on the Founding, claiming that historians who argue to the contrary either misrepresent the classical republican alternative to which they say the revolutionary leaders adhered, do not understand Locke, or point to someone else who was decisively influenced by Locke.[33] This position has also been sustained by Michael Zuckert.[34][35][36]
According to Locke there are three natural rights:
Life: everyone is entitled to live.[37]
Liberty: everyone is entitled to do anything they want to so long as it doesn't conflict with the first right.
Estate: everyone is entitled to own all they create or gain through gift or trade so long as it doesn't conflict with the first two rights.
In developing his concept of natural rights, Locke was influenced by reports of society among Native Americans, whom he regarded as "natural peoples" who lived in a state of liberty and "near prefect freedom", but not license.[38] It also informed his conception of social contract.
The social contract is an agreement between members of a country to live within a shared system of laws. Specific forms of government are the result of the decisions made by these persons acting in their collective capacity. Government is instituted to make laws that protect these three natural rights. If a government does not properly protect these rights, it can be overthrown.
Thomas Paine[edit]
Main article: Thomas Paine
Thomas Paine
Thomas Paine (1731–1809) further elaborated on natural rights in his influential work Rights of Man (1791), emphasizing that rights cannot be granted by any charter because this would legally imply they can also be revoked and under such circumstances they would be reduced to privileges:
It is a perversion of terms to say that a charter gives rights. It operates by a contrary effect – that of taking rights away. Rights are inherently in all the inhabitants; but charters, by annulling those rights, in the majority, leave the right, by exclusion, in the hands of a few. … They...consequently are instruments of injustice.
The fact therefore must be that the individuals themselves, each in his own personal and sovereign right, entered into a compact with each other to produce a government: and this is the only mode in which governments have a right to arise, and the only principle on which they have a right to exist.
American individualist anarchists[edit]
Benjamin Tucker
While at first American individualist anarchists adhered to natural rights positions, later in this era led by Benjamin Tucker, some abandoned natural rights positions and converted to Max Stirner's Egoist anarchism. Rejecting the idea of moral rights, Tucker said there were only two rights: "the right of might" and "the right of contract".[citation needed] He also said, after converting to Egoist individualism, "In times past... it was my habit to talk glibly of the right of man to land. It was a bad habit, and I long ago sloughed it off.... Man's only right to land is his might over it."[39]
According to Wendy McElroy:
In adopting Stirnerite egoism (1886), Tucker rejected natural rights which had long been considered the foundation of libertarianism. This rejection galvanized the movement into fierce debates, with the natural rights proponents accusing the egoists of destroying libertarianism itself. So bitter was the conflict that a number of natural rights proponents withdrew from the pages of Liberty in protest even though they had hitherto been among its frequent contributors. Thereafter, Liberty championed egoism although its general content did not change significantly.[40]
Several periodicals were "undoubtedly influenced by Liberty's presentation of egoism, including I published by C.L. Swartz, edited by W.E. Gordak and J.W. Lloyd (all associates of Liberty); The Ego and The Egoist, both of which were edited by Edward H. Fulton. Among the egoist papers that Tucker followed were the German Der Eigene, edited by Adolf Brand, and The Eagle and The Serpent, issued from London. The latter, the most prominent English-language egoist journal, was published from 1898 to 1900 with the subtitle 'A Journal of Egoistic Philosophy and Sociology'".[40] Among those American anarchists who adhered to egoism include Benjamin Tucker, John Beverley Robinson, Steven T. Byington, Hutchins Hapgood, James L. Walker, Victor Yarros and E.H. Fulton.[40]
Contemporary[edit]
Many documents now echo the phrase used in the United States Declaration of Independence. The preamble to the 1948 United Nations Universal Declaration of Human Rights asserts that rights are inalienable: "recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world." Article 1, § 1 of the California Constitution recognizes inalienable rights, and articulated some (not all) of those rights as "defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy." However, there is still much dispute over which "rights" are truly natural rights and which are not, and the concept of natural or inalienable rights is still controversial to some.
Erich Fromm argued that some powers over human beings could be wielded only by God, and that if there were no God, no human beings could wield these powers.[41]
Contemporary political philosophies continuing the classical liberal tradition of natural rights include libertarianism, anarcho-capitalism and Objectivism, and include amongst their canon the works of authors such as Robert Nozick, Ludwig von Mises, Ayn Rand,[42] and Murray Rothbard.[43] A libertarian view of inalienable rights is laid out in Morris and Linda Tannehill's The Market for Liberty, which claims that a man has a right to ownership over his life and therefore also his property, because he has invested time (i.e. part of his life) in it and thereby made it an extension of his life. However, if he initiates force against and to the detriment of another man, he alienates himself from the right to that part of his life which is required to pay his debt: "Rights are not inalienable, but only the possessor of a right can alienate himself from that right – no one else can take a man's rights from him."[44]
Various definitions of inalienability include non-relinquishability, non-salability, and non-transferability.[45] This concept has been recognized by libertarians as being central to the question of voluntary slavery, which Murray Rothbard dismissed as illegitimate and even self-contradictory.[46] Stephan Kinsella argues that "viewing rights as alienable is perfectly consistent with – indeed, implied by – the libertarian non-aggression principle. Under this principle, only the initiation of force is prohibited; defensive, restitutive, or retaliatory force is not."[47]
Various philosophers have created different lists of rights they consider to be natural. Proponents of natural rights, in particular Hesselberg and Rothbard, have responded that reason can be applied to separate truly axiomatic rights from supposed rights, stating that any principle that requires itself to be disproved is an axiom. Critics have pointed to the lack of agreement between the proponents as evidence for the claim that the idea of natural rights is merely a political tool.
Hugh Gibbons has proposed a descriptive argument based on human biology. His contention is that Human Beings were other-regarding as a matter of necessity, in order to avoid the costs of conflict. Over time they developed expectations that individuals would act in certain ways which were then prescribed by society (duties of care etc.) and that eventually crystallized into actionable rights.[48]
See also[edit]
Constitutional economics
Constitutionalism
Fundamental rights
Human dignity
Human rights
Natural law
Positive law
Rule according to higher law
Rule of law
Substantive due process
References[edit]
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Jump up ^ "Chp 4: Ennobling `Savages', Native America in European natural-rights philosophy, "Exemplar Of Liberty"". Ratical.org. Retrieved 2017-03-10.
Jump up ^ Tucker, Instead of a Book, p. 350
^ Jump up to: a b c "Literature of Liberty, Autumn 1981, vol. 4, No. 3 – Online Library of Liberty". Oll.libertyfund.org. Retrieved 2017-03-10.
Jump up ^ Erich Fromm (1973), The Revolution of Hope: Toward a Humanized Technology, New York: Bantam.
Jump up ^ Individual Rights – Ayn Rand Lexicon. Aynrandlexicon.com. Retrieved 2013-07-29.
Jump up ^ "The Ethics of Liberty | Mises Institute". Mises.org. 2005-07-20. Retrieved 2017-03-10.
Jump up ^ "Man and Society". The Market for Liberty. p. 11.
Jump up ^ Block, Walter (Spring 2003). "A Libertarian Theory of Inalienability" (PDF). 17 (2). Journal of Libertarian Studies: 39–85.
Jump up ^ "A Crusoe Social Philosophy | Mises Institute". Mises.org. Retrieved 2017-03-10.
Jump up ^ "Inalienability and Punishment: A Reply to George Smith | Mises Institute" (PDF). Mises.org. 2014-07-30. Retrieved 2017-03-10.
Jump up ^ "De Sciuridae Et Homo Sapiens: The Origin Of Rights And Duties" (PDF). Bu.edu. Retrieved 2017-03-10.
Further reading[edit]
Fruehwald, Edwin, A Biological Basis of Rights, 19 Southern California Interdisciplinary Law Journal 195 (2010).
Grotius, Hugo, The Rights Of War And Peace: Three Volume Set, 1625
Haakonssen, Knud, Grotius, Pufendorf and Modern Natural Law, 1999
Hutcheson, Francis. A System of Moral Philosophy. 1755, London.
Locke, John. Two Treatises on Government. 1690 (primarily the second treatise)
Lloyd Thomas, D.A. Locke on Government. 1995, Routledge. ISBN 0-415-09533-6
Pufendorf, Baron Samuel von, Law of Nature and Nations, 1625
Tuck, Richard, Natural Rights Theories: Their Origin and Development, 1982
Waldron, Jeremy [ed.] Theories of Rights 1984, Oxford University Press. ISBN 0-19-875063-3
External links[edit]
Wikiquote has quotations related to: Natural rights
The U.S. Declaration of Independence and Natural Rights from Constitutional Rights Foundation.
The U.S. Committee for the Protection of Natural Rights.
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Hatter (Alice's Adventures in Wonderland)
From Wikipedia, the free encyclopedia
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For other uses, see Hatter (disambiguation) and Mad Hatter (disambiguation).
"10/6" redirects here. For the date, see October 6.
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The (Mad) Hatter
Alice character
The Hatter as depicted by Sir John Tenniel, reciting his nonsensical poem, "Twinkle, Twinkle, Little Bat"
First appearance
Alice's Adventures in Wonderland (1865)
Last appearance
Through the Looking Glass (1871)
Created by
Lewis Carroll
Information
Aliases
"Mad Hatter", "Hatter"
Species
Human
Gender
Male
Occupation
Messenger, hatter
Significant other(s)
Alice
Nationality
Wonderland, Looking-Glass Land
The Hatter is a fictional character in Lewis Carroll's Alice's Adventures in Wonderland and its sequel Through the Looking-Glass. He is often referred to as the Mad Hatter, though this term was never used by Carroll. The phrase "mad as a hatter" pre-dates Carroll's works. The Hatter and the March Hare are referred to as "both mad" by the Cheshire Cat, in Alice's Adventures in Wonderland in the seventh chapter titled "A Mad Tea-Party".
Contents
1 Fictional character biography
1.1 Alice's Adventures in Wonderland
1.2 Through the Looking-Glass
2 Characterization
2.1 Etymology
2.2 Appearance
2.3 Personality
2.4 Resemblance to Theophilus Carter
3 The Hatter's riddle
4 In other media
4.1 Batman
4.2 Disney
4.2.1 2010 film
4.3 Wonderland: A New Alice
4.4 SyFy's Alice
4.5 American McGee's Alice
4.6 The Looking Glass Wars
4.7 Alice in the Country of Hearts
4.8 Charisma Label
4.9 Pandora Hearts
4.10 Futurama
4.11 Once Upon a Time
4.11.1 Season 1
4.11.2 Season 2
4.12 Ever After High
4.13 Shrek: The Musical
4.14 The Man who became a Rabbit
5 See also
6 Notes
7 References
8 Sources
9 External links
Fictional character biography[edit]
Alice's Adventures in Wonderland[edit]
The March Hare and the Hatter put the Dormouse's head in a teapot, by Sir John Tenniel.
The Hatter character, alongside all the other fictional beings, first appears in Lewis Carroll's 1865 novel Alice's Adventures in Wonderland. In it, the Hatter explains to Alice that he and the March Hare are always having tea because when he tried to sing for the foul-tempered Queen of Hearts, she sentenced him to death for "murdering the time", but he escapes decapitation. In retaliation, time (referred to as a "he" in the novel) halts himself in respect to the Hatter, keeping him and the March Hare stuck at 18:00 (or 6:00 pm) forever.
When Alice arrives at the tea party, the Hatter is characterised by switching places on the table at any given time, making short, personal remarks, asking unanswerable riddles and reciting nonsensical poetry, all of which eventually drives Alice away. The Hatter appears again as a witness at the Knave of Hearts' trial, where the Queen appears to recognise him as the singer she sentenced to death, and the King of Hearts also cautions him not to be nervous or he will have him "executed on the spot".
Through the Looking-Glass[edit]
The character also appears briefly in Carroll's 1871 Through the Looking-Glass, the sequel to Alice's Adventures in Wonderland, under the name "Hatta" - alongside the March Hare under the name "Haigha", which is pronounced "hare." Sir John Tenniel's illustration depicts Hatta as sipping from a teacup as he did in the original novel. Alice does not comment on whether Hatta is the Hatter of her earlier dream.
Characterization[edit]
The Hatter enjoying a cup of tea and bread-and-butter, by Sir John Tenniel.
Etymology[edit]
Mercury was used in the manufacturing of felt hats during the 19th century, causing a high rate of mercury poisoning among those working in the hat industry.[1] Mercury poisoning causes neurological damage, including slurred speech, memory loss, and tremors, which led to the phrase "mad as a hatter".[1] In the Victorian age, many workers in the textile industry, including hatters, often suffered from starvation and overwork, and were particularly prone to develop illnesses affecting the nervous system, such as central nervous system (CNS) tuberculosis, which is portrayed in novels like Alton Locke by Charles Kingsley and North and South by Elizabeth Gaskell, which Lewis Carroll had read. Many such workers were sent to Pauper Lunatic Asylums, which were supervised by Lunacy Commissioners such as Samuel Gaskell and Robert Wilfred Skeffington Lutwidge, Carroll's uncle. Carroll was familiar with the conditions at asylums and visited at least one, the Surrey County Asylum, himself, which treated patients with so-called non-restraint methods and occupied them, amongst others, in gardening, farming and hat-making.[2] Besides staging theatre plays, dances and other amusements, such asylums also held tea-parties.[3]
Appearance[edit]
The Hatter introduced in Carroll's Alice's Adventures in Wonderland wears a large top hat with a hatband reading "In this style 10/6". This is the hat's price tag, indicative of The Hatter's trade, and giving the price in pre-decimal British money as ten shillings and six pence (or half a guinea).[citation needed]
Personality[edit]
Illustration of the March Hare, one of the Hatter's tea party friends, by Sir John Tenniel.
The Hatter and his tea party friend, the March Hare, are initially referred to as "both mad" by the distinctive Cheshire Cat. The first mention of both characters occurs in the sixth chapter of Carroll's Alice's Adventures in Wonderland, titled "Pig and Pepper", in a conversation between the child protagonist Alice and the Cheshire Cat, when she asks "what sort of people live about here?" to which the cat replies "in that direction lives a Hatter, and in that direction, lives a March Hare. Visit either you like: they're both mad!" Both then subsequently make their actual debuts in the seventh chapter of the same book, which is titled "A Mad Tea-Party".
Hat making was the main trade in Stockport where Carroll grew up, and it was not unusual then for hatters to appear disturbed or confused; many died early as a result of mercury poisoning. However, the Hatter does not exhibit the symptoms of mercury poisoning, which include excessive timidity, diffidence, increasing shyness, loss of self-confidence, anxiety, and a desire to remain unobserved and unobtrusive.[4]
Resemblance to Theophilus Carter[edit]
It has often been claimed that the Hatter's character may have been inspired by Theophilus Carter, an eccentric furniture dealer.[5][6] Carter was supposedly at one time a servitor at Christ Church, one of the University of Oxford's colleges.[7] This is not substantiated by university records.[7] He later owned a furniture shop, and became known as the "Mad Hatter" from his habit of standing in the door of his shop wearing a top hat.[5][6] Sir John Tenniel is reported to have come to Oxford especially to sketch him for his illustrations.[5] There is no evidence for this claim, however, in either Carroll's letters or diaries.[8]
The Hatter's riddle[edit]
In the chapter "A Mad Tea Party", the Hatter asks a much-noted riddle "why is a raven like a writing desk?" When Alice gives up trying to figure out why, the Hatter admits "I haven't the slightest idea!". Carroll originally intended the riddle to be without an answer, but after many requests from readers, he and others—including puzzle expert Sam Loyd—suggested possible answers; in his preface to the 1896 edition of Alice's Adventures in Wonderland, Carroll wrote:
Enquiries have been so often addressed to me, as to whether any answer to the Hatter's riddle can be imagined, that I may as well put on record here what seems to me to be a fairly appropriate answer, "because it can produce a few notes, though they are very flat; and it is nevar put with the wrong end in front!" This, however, is merely an afterthought; the riddle as originally invented had no answer at all.[9][a]
Loyd proposed a number of alternative solutions to the riddle, including "because Poe wrote on both" (alluding to Poe's 1845 narrative poem The Raven) and "because the notes for which they are noted are not noted for being musical notes".
The April 2017 edition of Bandersnatch, the Newsletter of the Lewis Carroll Society [Issue 172, ISSN 0306-8404, Apr 2017], published the following solution, proposed by puzzle expert Rick Hosburn: "Why is a Raven like a Writing-desk?" "Because one is a crow with a bill, while the other is a bureau with a quill!" The RSPB, in its definition of Raven, states: "The raven [...] is all black with a large bill, and long wings."
American author Stephen King provides an alternative answer to the Hatter's riddle in his 1977 horror novel The Shining. Snowbound and isolated "ten thousand feet high" in the Rocky Mountains, the five-year-old son "Danny" hears whispers of the malign "voice of the [Overlook] hotel" inside his head, including this bit of mockery, "why is a raven like a writing desk? The higher the fewer, of course! Have another cup of tea!"
In other media[edit]
This article gives self-sourcing examples without describing their significance in the context of the article. Please help improve this article by adding citations to reliable sources that describe the examples' significance, and by removing less pertinent examples. Unsourced or poorly sourced material may be challenged or removed. (June 2018) (Learn how and when to remove this template message)
Mad Hatter Cosplay
The Hatter has been featured in nearly every adaptation of Alice in Wonderland to date; he is usually the male lead. The character has been portrayed in film by Edward Everett Horton, Sir Robert Helpmann, Martin Short, Peter Cook, Anthony Newley, Ed Wynn, Andrew-Lee Potts, and Johnny Depp. In music videos, the Hatter has been portrayed by Tom Petty, Dero Goi, and Steven Tyler. He has also been portrayed on stage by Nikki Snelson and Katherine Shindle, and on television by John Robert Hoffman, Pip Donaghy and Sebastian Stan. In ballet adaptations, Steven McRae also portrayed him as a mad 'Tapper'.
Batman[edit]
Main article: Mad Hatter (comics)
The Mad Hatter (also referred to as "Jervis Tetch") is a supervillain and enemy of the Batman in DC comic books, making his first appearance in the October 1948 (#49) release of Batman. He is portrayed as a brilliant neurotechnician with considerable knowledge in how to dominate and control the human mind. He has also appeared in the Batman television series, animated series and various video games.
Disney[edit]
In the 1951 Walt Disney animated feature Alice in Wonderland, the Hatter appears as a short, hyperactive man with grey hair, a large nose and a comical voice. He was voiced by Ed Wynn in 1951, and by Corey Burton in his later appearances (Bonkers, House of Mouse). Alice stumbles upon the Hatter and the March Hare having an "un-birthday" party for themselves. The Hatter asks her the infamous riddle "why is a raven like a writing desk?", but when she tries to answer the Hatter and the March Hare think she is "stark raving mad" and the Hatter completely forgot that he even asked her the riddle.
Throughout the course of the film, the Hatter pulls numerous items out of his hat, such as cake and smaller hats. His personality is that of a child, angry one second, happy the next.
The Hatter and March Hare make a cameo appearance in a painting in the Tea Party Garden in the Kingdom Hearts video game and the Hatter is also a greetable character at the Disneyland Resort, Walt Disney World Resort, Tokyo Disney Resort, Disneyland Paris Resort and Hong Kong Disneyland. This version of the character was also a semi-regular on the Disney Afternoon series Bonkers and one of the guests in House of Mouse, where he even made a cameo appearance in one of the featured cartoon shorts.
2010 film[edit]
The Hatter appears in Tim Burton's 2010 version of Alice in Wonderland portrayed by Johnny Depp and given the name Tarrant Hightopp.[10] In the film, the Hatter takes Alice toward the White Queen's castle and relates the terror of the Red Queen's reign while commenting that Alice is not the same as she once was. The Hatter subsequently helps Alice avoid capture by the Red Queen's guards by allowing himself to be seized instead. He is later saved from execution by the Cheshire Cat and calls for rebellion against the Red Queen. Near the end of the film, the Hatter unsuccessfully suggests to Alice that she could stay in Wonderland and consummate his feelings for her.
Critical reception to Johnny Depp's portrayal of the Hatter was generally positive. David Edelstein of New York Magazine remarked that while the elements of the character suggested by Depp don't entirely come together, "Depp brings an infectious summer-stock zest to everything he does."[11] Bill Goodykoontz of The Arizona Republic said that "Depp is exactly what you'd expect, which is a good thing. Gap-toothed and leering, at times he looks like Madonna after sticking a fork in a toaster. How he finds his characters is anybody's guess, a sort of thrift-store warehouse of eccentricities, it seems like. But it works."[12] Owen Gleiberman of Entertainment Weekly had a more mixed opinion and commented that Depp as the Hatter is "a fantastic image, but once Depp opens his mouth, what comes out is a noisome Scottish brogue that makes everything he says sound more or less the same. The character offers no captivatingly skewed bat-house psychology. There isn't much to him, really—he's just a smiling Johnny one-note with a secret hip-hop dance move—and so we start to react to him the way that Alice does to everything else: by wondering when he's going to stop making nonsense."[13] Kenneth Turan of Los Angeles Times stated that "there's no denying Depp's gifts and abilities, but this performance feels both indulgent and something we've all seen before."[14]
Wonderland: A New Alice[edit]
Frank Wildhorn composed the music to and co-wrote the music to Wonderland. In this adaption the Hatter is portrayed as the villain of the story, and Alice's alter-ego and is a mad woman who longs to be Queen. She was played by Nikki Snelson in the original Tampa, Florida production, and then by Kate Shindle in the Tampa/Houston Tour, and the production on Broadway.
SyFy's Alice[edit]
This Hatter is portrayed as a smuggler who starts off working as a double agent for the Queen of Hearts and the Wonderland Resistance in the story; over the course of the story, he begins to side more and more with the Resistance, and ends up falling in love with Alice as he helps her along the way.
American McGee's Alice[edit]
In the videogame American McGee's Alice, The Mad Hatter is portrayed as psychotic, literally gone "mad" and obsessed with time and clockworks, and considers himself to be a genius. He invents mechanical devices, often evidently using the bodies of living organisms for the base of his inventions, as he plans to do to all of Wonderland's inhabitants. He appears in Alice: Madness Returns in the same appearance, although this time, he requests Alice's help in retrieving his lost limbs from his former compatriots the March Hare and Dormouse.
The Looking Glass Wars[edit]
A spin-off of the traditional Alice in Wonderland story, Frank Beddor's The Looking Glass Wars features a character named Hatter Madigan, a member of an elite group of bodyguards known in Wonderland as the "Millinery" after the business of selling women's hats. He acts as the bodyguard of the rightful Queen, and as guide/guardian to the protagonist, Alyss Heart.
Alice in the Country of Hearts[edit]
The Japanese manga Alice in the Country of Hearts has been translated into English. The Hatter role is played by Blood Dupre, a crime boss and leader of a street gang called The Hatters, which controls one of the four territories of Wonderland.
Charisma Label[edit]
Sir John Tenniel's drawing of the Hatter, combined with a montage of other images from Alice in Wonderland, were used as a logo by Charisma Records from 1972 onwards.
Pandora Hearts[edit]
The Mad Hatter in Pandora Hearts manga series is a chain (creature from the Abyss) that was contracted by Xerxes Break. The hatter basically looks like a large top hat with flowery decorations (similar to Break's top hat) and a tattered cape. When summoned, it can destroy all chains and objects from the Abyss within a large area. T
Futurama[edit]
The TV series Futurama has a robot named Mad Hatterbot who is based off the Hatter. Seen only in the HAL Institute (an asylum for criminally insane robots) the Mad Hatterbot only says one line: "Change places!", which all in the room comply with when spoken. The price tag on his hat reads "5/3", a simplified form of the fraction 10/6. A minor character, he has been in the episodes "Insane in the Mainframe" and "Follow the Reader" as well as the film Futurama: Bender's Game.
Once Upon a Time[edit]
Jefferson
Once Upon a Time character
First appearance
"Hat Trick" (1.17)
Last appearance
"The Doctor" (2.05)
Portrayed by
Sebastian Stan
Information
Nickname(s)
The Mad Hatter
Gender
Male
Occupation
Realm jumper
Hatter for the Queen of Hearts (formerly)
Family
Grace (daughter)
Significant other(s)
Priscilla[15] (wife, deceased)
Centric episodes
Season One
"Hat Trick"
Season Two
"The Doctor"
Season 1[edit]
Main article: Once Upon a Time (season 1)
Season 2[edit]
Main article: Once Upon a Time (season 2)
Ever After High[edit]
In the Netflix episode "Spring Unsprung", the Mad Hatter makes an appearance as Madeline Hatter's father. In the 47-minute special, he runs the Mad Hatter's Tea Shoppe in the town of Bookend, not far from Maddie's school Ever After High. He also runs a shop by the same name in Wonderland, but it was abandoned after the Evil Queen (Raven Queen's mother) cast a curse upon the land.
Shrek: The Musical[edit]
The Mad Hatter plays a small role as a fairytale creature and has two lines including, "They ridiculed my hat" and "I smell like sauerkraut".
The Man who became a Rabbit[edit]
A Burton's inspired Mad Hatter appears in "The Man who became a Rabbit" Music Video, an Indian version of Alice in Wonderland by Valérian MacRabbit and Lalkrishnan. Mad Hatter becomes Mac Hatter and gives one riddle to the main character : "Spread blood on the birthday cake"[16].
See also[edit]
The White Rabbit
The Mouse
Notes[edit]
Jump up ^ Please note that "nevar" is "raven" backwards and that Carroll deliberately misspelled it.
References[edit]
^ Jump up to: a b Myers 2003, p. 276.
Jump up ^ Kohlt, Franziska (26 Apr 2016). "'The Stupidest Tea-Party in All My Life': Lewis Carroll and Victorian Psychiatric Practice". Journal of Victorian Culture. 22. doi:10.1080/13555502.2016.1167767.
Jump up ^ Tuke, Samuel (1813). Description of the Retreat, an institution near York, for insane persons of the Society of Friends : containing an account of its origin and progress, the modes of treatment, and a statement of cases. York. p. 111.
Jump up ^ Hauth, Waldron (24 December 1983). "Did the Mad Hatter have mercury poisoning?". National Center for Biotechnology Information. Retrieved 5 January 2011.
^ Jump up to: a b c Hancher 1985, p. 101.
^ Jump up to: a b Millikan, Lauren (5 March 2011). "The Mad Hatter". Carleton University. Retrieved 14 June 2015.
^ Jump up to: a b Collingwood 2011, p. 47.
Jump up ^ Maters, Kristin (27 January 2014). "Who Really Inspired Lewis Carroll's 'Alice' Characters?". Books Tell You Why. Retrieved 14 June 2015.
Jump up ^ "The Mad Hatter's riddle: why is a raven like a writing desk?". Alice in Wonderland Net. Retrieved 14 June 2015.
Jump up ^ "Alice in Wonderland – Glossary of Terms/Script (early draft)" (PDF). Walt Disney Pictures. JoBlo.com. Archived (PDF) from the original on 15 November 2010. Retrieved 30 March 2010.
Jump up ^ David Edelstein (28 February 2010). "David Edelstein on 'Alice in Wonderland', 'The Yellow Handkerchief', and 'The Art of the Steal' -- New York Magazine Movie Review". New York Magazine. Retrieved 6 March 2013. Depp reportedly decided that the mercury poisoning that made many nineteenth-century hatters so mad would be manifest in his eyes (green) and hair (Bozo orange), and that his skin tone and accent would shift according to the character’s mood. (“I always saw the Hatter as kind of tragic … ”) Does it all come together? Not entirely, but Depp brings an infectious summer-stock zest to everything he does: I picture him digging through trunks of old costumes and trying on this torn vest and that dusty cravat and sitting in front of his dressing-room mirror playing with makeup and bulging his eyes and sticking out his tongue.
Jump up ^ Bill Goodykoontz (3 March 2010). "'Alice in Wonderland'". The Arizona Republic. Retrieved 6 March 2013. Depp is exactly what you'd expect, which is a good thing. Gap-toothed and leering, at times he looks like Madonna after sticking a fork in a toaster. How he finds his characters is anybody's guess, a sort of thrift-store warehouse of eccentricities, it seems like. But it works.
Jump up ^ Owen Gleiberman (3 March 2010). "Alice in Wonderland Review". Entertainment Weekly. Retrieved 6 March 2013. Then there's Johnny Depp, who plays the Mad Hatter with radioactive emerald eyes, an exploding Bozo carrot top, and a gaze of luminous dementia. He's a fantastic image, but once Depp opens his mouth, what comes out is a noisome Scottish brogue that makes everything he says sound more or less the same. The character offers no captivatingly skewed bat-house psychology. There isn't much to him, really—he's just a smiling Johnny one-note with a secret hip-hop dance move—and so we start to react to him the way that Alice does to everything else: by wondering when he's going to stop making nonsense.
Jump up ^ Kenneth Turan (4 March 2010). "Review: 'Alice in Wonderland'". Los Angeles Times. Retrieved 6 March 2013. His Mad Hatter is a genuine fashionista whom we get to see designing wacky headgear like there is no tomorrow. There's no denying Depp's gifts and abilities, but this performance feels both indulgent and something we've all seen before.
Jump up ^ Her name is revealed in Once Upon a Time: Out of the Past ("Tea Party in March").
Jump up ^ "The Man who became a Rabbit", Lalkrishnan / Valérian MacRabbit, The Freak Parade (2018)
Sources[edit]
Collingwood, Stuart (2011). The Life and Letters of Lewis Carroll. Cambridge University. ISBN 978-1108033886.
Hancher, Michael (1985). The Tenniel Illustrations to the "Alice" Books. Ohio State University. ISBN 978-0814204085.
Myers, Richard (2003). The Basics of Chemistry. Greenwood Publishing Group. ISBN 978-0313316647.
External links[edit]
Wikimedia Commons has media related to The Mad Hatter.
Alice In Wonderland - The Mad Hatter! on YouTube
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I Can Only Imagine (film)
From Wikipedia, the free encyclopedia
Jump to: navigation, search
I Can Only Imagine
Theatrical release poster
Directed by
Andrew & Jon Erwin
Produced by
Kevin Downes
Cindy Bond
Daryl Lefever
Joe Knopp
Story by
Alex Cramer
Jon Erwin
Brent McCorkle
Based on
the song of the same name
by MercyMe
Starring
J. Michael Finley
Brody Rose
Dennis Quaid
Cloris Leachman
Madeline Carroll
Trace Adkins
Priscilla Shirer
Production
companies
Kevin Downes Productions
Mission Pictures International
Distributed by
Lionsgate
Roadside Attractions[1]
Release date
March 16, 2018 (2018-03-16)
Running time
110 minutes
Language
English
I Can Only Imagine is an upcoming American drama film based on the story behind the song "I Can Only Imagine," the most-played contemporary Christian song of all time.[2] The film stars J. Michael Finley as Bart Millard, the MercyMe lead singer who wrote the song, as well as Dennis Quaid, Cloris Leachman, and Trace Adkins. It is scheduled for release on March 16, 2018 in the United States.[1]
Contents
[hide]
1 Plot summary
2 Cast
3 Production
4 References
5 External links
Plot summary[edit]
The film is based on the story behind the band MercyMe's double platinum song I Can Only Imagine, which became the most-played contemporary Christian song of all time.[2] The film will center around MercyMe lead singer Bart Millard, and his relationship with his father whom he lost at 18 years old and which inspired the song.[3] According to director Andrew Erwin, it tells a "complex father-son story."[4]
Cast[edit]
J. Michael Finley as Bart Millard, lead singer of MercyMe
Brody Rose as Young Bart
Dennis Quaid as Arthur Millard, Bart's father
Cloris Leachman as Meemaw, Bart's grandmother
Madeline Carroll as Shannon, Bart's wife
Trace Adkins as Scott Brickell, MercyMe's manager
Priscilla Shirer as Mrs. Fincher, Bart's teacher
Production[edit]
The film was announced in December 2016.[5] Dennis Quaid joined the cast in January 2017.[2] Broadway actor J. Michael Finley will make his film debut as Bart Millard.[1] The same month, it was announced that the film was slated for release in the spring of 2018.[2] In August 2017, Lionsgate and Roadside Attractions signed on as distributors for the film for a nationwide release in the United States.[1][6]
References[edit]
^ Jump up to: a b c d Faith-Based ‘I Can Only Imagine’ Picked Up By Lionsgate & Roadside Attractions (Deadline)
^ Jump up to: a b c d Faith-Based Film ‘I Can Only Imagine’ With Dennis Quaid, Cloris Leachman And Trace Adkins Eyes Spring 2018 Release (Deadline)
Jump up ^ The First Trailer For Dennis Quaid-Starrer 'I Can Only Imagine' Is Here
Jump up ^ Two Big Distributors Acquire Faith-Based Film, 'I Can Only Imagine' (CBN)
Jump up ^ MercyMe hit song turning into Okie production
Jump up ^ Lionsgate, Roadside Acquire Faith-Based Drama 'I Can Only Imagine' (THR)
External links[edit]
Official website
I Can Only Imagine on IMDb
Retrieved from "https://en.wikipedia.org/w/index.php?title=I_Can_Only_Imagine_(film)&oldid=828128198"
Categories:
Upcoming films
2018 films
English-language films
American films
American drama films
2010s drama films
Drama films based on actual events
Films based on actual events
Roadside Attractions films
Films shot in Oklahoma
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text:
Capital adequacy ratio
From Wikipedia, the free encyclopedia
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Capital Adequacy Ratio (CAR) is also known as Capital to Risk (Weighted) Assets Ratio (CRAR),[1] is the ratio of a bank's capital to its risk. National regulators track a bank's CAR to ensure that it can absorb a reasonable amount of loss and complies with statutory Capital requirements.
It is a measure of a bank's capital. It is expressed as a percentage of a bank's risk weighted credit exposures.
This ratio is used to protect depositors and promote stability and efficiency of financial systems around the world.
Two types of capital are measured: tier one capital, which can absorb losses without a bank being required to cease trading, and tier two capital, which can absorb losses in the event of a winding-up and so provides a lesser degree of protection to depositors.
Contents
[hide]
1 Formula
2 Use
3 Risk weighting
3.1 Risk weighting example
4 Types of capital
5 See also
6 References
7 External links
Formula[edit]
Capital adequacy ratios (CARs) are a measure of the amount of a bank's core capital expressed as a percentage of its risk-weighted asset.
Capital adequacy ratio is defined as:
CAR = Tier 1 capital + Tier 2 capital Risk weighted assets {\displaystyle {\mbox{CAR}}={\cfrac {\mbox{Tier 1 capital + Tier 2 capital}}{\mbox{Risk weighted assets}}}}
TIER 1 CAPITAL = (paid up capital + statutory reserves + disclosed free reserves) - (equity investments in subsidiary + intangible assets + current & brought-forward losses)
TIER 2 CAPITAL = A) Undisclosed Reserves + B) General Loss reserves + C) hybrid debt capital instruments and subordinated debts
where Risk can either be weighted assets ( a {\displaystyle \,a} ) or the respective national regulator's minimum total capital requirement. If using risk weighted assets,
CAR = T 1 + T 2 a {\displaystyle {\mbox{CAR}}={\cfrac {T_{1}+T_{2}}{a}}} ≥ 10%.[1]
The percent threshold varies from bank to bank (10% in this case, a common requirement for regulators conforming to the Basel Accords) and is set by the national banking regulator of different countries.
Two types of capital are measured: tier one capital ( T 1 {\displaystyle T_{1}} above), which can absorb losses without a bank being required to cease trading, and tier two capital ( T 2 {\displaystyle T_{2}} above), which can absorb losses in the event of a winding-up and so provides a lesser degree of protection to depositors.
Use[edit]
Capital adequacy ratio is the ratio which determines the bank's capacity to meet the time liabilities and other risks such as credit risk, operational risk etc. In the most simple formulation, a bank's capital is the "cushion" for potential losses, and protects the bank's depositors and other lenders. Banking regulators in most countries define and monitor CAR to protect depositors, thereby maintaining confidence in the banking system.[1]
CAR is similar to leverage; in the most basic formulation, it is comparable to the inverse of debt-to-equity leverage formulations (although CAR uses equity over assets instead of debt-to-equity; since assets are by definition equal to debt plus equity, a transformation is required). Unlike traditional leverage, however, CAR recognizes that assets can have different levels of risk.
Risk weighting[edit]
Since different types of assets have different risk profiles, CAR primarily adjusts for assets that are less risky by allowing banks to "discount" lower-risk assets. The specifics of CAR calculation vary from country to country, but general approaches tend to be similar for countries that apply the Basel Accords. In the most basic application, government debt is allowed a 0% "risk weighting" - that is, they are subtracted from total assets for purposes of calculating the CAR.
Risk weighting example[edit]
Risk weighted assets - Fund Based : Risk weighted assets mean fund based assets such as cash, loans, investments and other assets. Degrees of credit risk expressed as percentage weights have been assigned by the national regulator to each such assets.
Non-funded (Off-Balance sheet) Items : The credit risk exposure attached to off-balance sheet items has to be first calculated by multiplying the face amount of each of the off-balance sheet items by the Credit Conversion Factor. This will then have to be again multiplied by the relevant weightage.
Local regulations establish that cash and government bonds have a 0% risk weighting, and residential mortgage loans have a 50% risk weighting. All other types of assets (loans to customers) have a 100% risk weighting.
Bank "A" has assets totaling 100 units, consisting of:
Cash: 10 units
Government bonds: 15 units
Mortgage loans: 20 units
Other loans: 50 units
Other assets: 5 units
Bank "A" has debt of 95 units, all of which are deposits. By definition, equity is equal to assets minus debt, or 5 units.
Bank A's risk-weighted assets are calculated as follows
Cash 10 ∗ 0 % = 0 {\displaystyle 10*0\%=0}
Government securities 15 ∗ 0 % = 0 {\displaystyle 15*0\%=0}
Mortgage loans 20 ∗ 50 % = 10 {\displaystyle 20*50\%=10}
Other loans 50 ∗ 100 % = 50 {\displaystyle 50*100\%=50}
Other assets 5 ∗ 100 % = 5 {\displaystyle 5*100\%=5}
Total risk
Weighted assets 65
Equity 5
CAR (Equity/RWA) 7.69%
Even though Bank A would appear to have a debt-to-equity ratio of 95:5, or equity-to-assets of only 5%, its CAR is substantially higher. It is considered less risky because some of its assets are less risky than others.
Types of capital[edit]
The Basel rules recognize that different types of equity are more important than others. To recognize this, different adjustments are made:
Tier I Capital: Actual contributed equity plus retained earnings.
Tier II Capital: Preferred shares plus 50% of subordinated debt.
Different minimum CARs are applied. For example, the minimum Tier I equity allowed by statute for risk-weighted assets may be 6%, while the minimum CAR when including Tier II capital may be 8%.
There is usually a maximum of Tier II capital that may be "counted" towards CAR, which varies by jurisdiction.
See also[edit]
Capital requirement
Tier 1 capital
Tier 2 capital
Basel accords
References[edit]
^ Jump up to: a b c "Capital Adequacy Ratio - CAR". Investopedia. Retrieved 2007-07-10.
External links[edit]
Capital Adequacy Ratio at Investopedia.
Retrieved from "https://en.wikipedia.org/w/index.php?title=Capital_adequacy_ratio&oldid=824938373"
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Financial economics
Financial ratios
Capital requirement
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