The Right to Security: Barons vs. Commoners and the Living Tree of Canadian Law

John Humphrey, the Universal Declaration of Human Rights, and the Canadian Welfare State

  • John Humphrey's Vision: Fought for a positive conception of security, aligning with medieval rights to the commons, which led to the Universal Declaration of Human Rights (UDHR) protecting both negative and positive liberties.

  • Humphrey's Background: Born in New Brunswick in 19051905. Lost his father as an infant, his left arm was amputated at age six after a severe burn, and his mother died of cancer when he was 1111. His socialist convictions stemmed from witnessing the suffering of others.

  • Radicalization by the Great Depression: Joined the League for Social Reconstruction (LSR), a socialist intellectual alliance, to campaign for a welfare state as a remedy to capitalist insecurity. The LSR's 19321932 manifesto highlighted pervasive poverty and insecurity despite abundant natural resources.

  • Evolution to CCF: The LSR evolved into the Cooperative Commonwealth Federation (CCF), a left-wing party instrumental in Canada's adoption of universal Medicare.

  • Socialist Principle: For democratic socialists like Humphrey, material security and equality are fundamental enablers of human freedom.

  • Global Ambition: Humphrey aimed to expand the Canadian welfare state model to a global scale through the UDHR.

  • Initial Global Consensus: At the time of the UDHR's drafting, a broad consensus existed among most UN member states that generous social entitlements represented the future.

  • Cold War Backlash: This consensus was short-lived, fractured by the Cold War:

    • American Capitalism: Associated freedom with free markets and viewed any private sector constraint as