unalienable

Unalienable (also spelled inalienable) describes rights that are considered inherent to all human beings and cannot be surrendered, transferred, or removed by governments or other authorities. The concept rests on natural-law theory, which holds that certain rights exist independently of laws or constitutions and are meant to be protected by political structures.

Etymology and meaning: The term derives from the Latin alienare, to transfer ownership, with the prefix un- to indicate the opposite. An inalienable right is one that cannot be alienated, even by the person who holds it, whereas an alienable right could be transferred or waived under certain circumstances. In practice, the two spellings have been used interchangeably in different periods, though in modern usage inalienable is the more common form, while unalienable is chiefly associated with historical texts and certain rhetorical or religious contexts.

Historical usage: The most famous articulation occurs in the United States Declaration of Independence (1776), where Thomas Jefferson wrote that all people are endowed with certain unalienable Rights, among them Life, Liberty and the pursuit of Happiness. The language reflects the influence of natural-law thinkers, notably John Locke, who argued that individuals possess rights that precede government and cannot be legitimately taken away without consent.

Legal and philosophical context: In modern legal discourse, the closely related concept is inalienable rights, often framed as fundamental or natural rights. While the Declaration uses the unalienable formulation, the Constitution does not use either term explicitly; it relies on enumerated rights and later amendments, such as the Bill of Rights and the Ninth Amendment, which acknowledges retained rights not expressly listed.

Contemporary usage: The term remains a rhetorical and historical reference in discussions of rights, liberty, and the legitimacy of governmental power. In everyday usage, inalienable rights is the more common spelling, though unalienable appears in historical documents and certain religious or philosophical writings.