On Sunday, August 14, 2016 at 11:33:56 PM UTC-6,
mcdow...@sky.com wrote:
> I think there are good arguments in favor of many so-called self-evident
> rights. For example, they provide incentives to work and make it possible for
> people with wildly unequal resources to bargain, and to have those bargains
> enforced. I think you are better off supporting them by pointing out those
> advantages, which can be measured and observed, albeit with a great deal of
> effort, rather than claiming them to be self-evident, which amounts to saying
> that you have an inner revelation of their worth, which cannot be independently
> judged against whatever inner revelation I chose to proclaim,
There are a number of complicated questions here, which I usually don't go into
full detail about.
It certainly *is* true that, just as we don't actually have sarcasm detectors
with little meters on the front with pointers that swing if sarcasm is present,
we also don't have rights detectors.
But, on the other hand, if rights are _only_ something we choose to recognize
because we think it is advantageous for us to do so, then on what basis do we
criticize another society that seems to have made a different decision?
I think that clearly if a moral theory fails to authorize regime change as a
licit response to, say, the _Kristallnacht_, or to Negro slavery, not because
it is pacifist, but because it sees no over-arching moral order by which these
things can be distinguished from freedom, it is seriously flawed.
Basically, one has to distinguish between the _concept_ of natural rights, and
a claim that natural rights are directly accessible and thus useful as a guide
to action. The latter is a stronger claim than that of their _existence_.
My position is that natural rights exist, and that we can grope our way to a
limited understanding of some of their more obvious aspects through reasoning
in the philosophy of ethics. But the understanding we can achieve in this way
is *insufficient* to serve as a complete guide to organizing a democratic
polity.
A specific question that I believe to be beyond the current state-of-the-art in
philosophical reasoning to resolve from a natural rights basis is:
Is it licit for a majority, when operating in a democratic manner (possibly
through representatives), to impose coercions on all members of the community
other than those required to prohibit aggression, such as taxation and
conscription?
I argue for the existing social order, where governments do get to levy taxes,
on other grounds:
- from consequences; the limited freedom which we enjoy in the industrialized
democracies depends on being able to keep at bay totalitarian dictatorships
with vast military establishments and no scruples about making their people
support them;
- also, given the emphasis Libertarians place on the rule "Thou Shalt Not
Steal", the fact that they are *not* advocating giving North America back to
the Indians, but instead come up with rationalizations for keeping it (i.e.
hunting, unlike agriculture, doesn't involve transforming the landscape, so
there is nothing wrong about denying hunter/gatherers access to the land and
wildlife from which they had been feeding themselves)... says something about
whether they _deserve_ to be taken seriously.
Examining that question from a moral perspective, though, I consider the fact
that we all start lives as children who are absolutely dependent on our parents.
I think this is the principal fact that gets neglected in discussions of that
issue.
Then one can reason morally to a conclusion of sorts, although it still appears
to be one that can only be rejected as absurd.
On the one hand, a child should not suffer if, through no fault of his own, his
parents are not responsible.
On the other hand, if available resources are limited, should responsible
parents be limited in what they can do for their children by the demand that
they should also support large numbers of children that irresponsible people
are having?
The conclusion seems to be: bringing a child into existence needs to be
recognized as fundamentally akin to *an act of aggression*, and thus
legitimately subject to regulation. If you want to have kids, prove financial
responsibility, and pay in advance for _insurance_ - *then* a total
free-enterprise society where there is no government that takes from the rich
to give to the poor can exist _without_ leaving disadvantaged children
dependent on charity and so on.
This makes _sense_ in some ways, but for obvious reasons both the Right and the
Left would howl in outrage.
The Right would object to the intrusion into the sanctity of marriage, the
privacy of the bedroom, and so on.
The Left would note that if you had to have money to have kids, the next
generation would be paler than the present one, hence this proposal is
genocidal on its face.
Thus, our existing system, where there is some government provision for the
poor, but it is less than entirely adequate, seems to be the best we can do.
John Savard