Coito ergo sum wrote:Seth wrote:
This is where we disagree. Governments are indeed created by people, but rights are inherent and natural, a function of our status as living creatures in part, and a function of our status as thinking, sentient creatures in part.
I agree that rights are "derived" from the natural and inherent properties of being a human being. However, "rights" are a concept that exist only as concepts in the human mind. Without thinking beings, there are no rights. Rocks have no rights, for example. Dead people don't have rights. Rights, like morality, are concepts -- abstract ideas. They are not inherent aspects of things. But, those concepts are derived, according to Paine and Kant, from a reasoned analysis of human reality.
I disagree. Many species demonstrate behavior that expresses a hierarchy of rights. Two species that come to mind immediately are lion prides and wolf packs, both of which have hierarchies of who gets to do what when. Humans simply put a name on the observable behavior of balancing the exercises of freedoms by individual members of a community, be it bonobo monkeys, capuchin monkeys in Sri Lanka, lions in Africa, wolves in Canada or human beings in Detroit.
Rights are expressed in the animal kingdom as behavioral norms, but the identification and labeling of the phenomena is unique to humans. We have the intelligence to philosophize about rights and derive complex and nuanced hierarchies and methods of adjudication of the competing freedoms of action of individuals, but wolf packs enforce their structure of rights nonetheless, even though they don't have a name for the concept.
Seth wrote:
Your reductio argument is incorrect because government comes into being as a control mechanism for the expression of rights (freedoms of action) by one person that may impact the freedoms of action (rights) of another person. Government, it is true, has no independent existence, but you err in you analysis because government does no more than regulate and adjudicate the expression of rights (exercise of freedoms of action), it does not grant those rights.
I never said it did grant rights. Well, it CAN grant rights, but it doesn't grant the fundamental rights of man that are derived from nature. It CAN grant "civil" rights, which are different from natural rights.
Yes, government CAN grant freedoms of action that are not fundamental, like the right to have an abortion, but the argument here is whether any rights can be derived from nature and therefore be deemed "inherent" and "unalienable" and a consequent of the nature of the living being they apply to.
Seth wrote:
As I said, the right to life, liberty and property derive from the natural functions of all living creatures. Every creature will strive to stay alive by exercising freedoms of action including self-defense, acquisition of resources necessary for survival, and liberty engage in both actions. These basic biologic functions are common to all living creatures and translate directly to the right to life, liberty and property in the case of humans.
The right to life liberty and property are reasoned axioms derived from an attempt to think "objectively" about different individuals existing in the same world. If you're walking alone in the forest, you have the right to stay alive and you have the right to pick stuff up and make your property, and you have the right to run around with your pants down singin' hallelujah (absolute liberty). That's inherent in being alone -- it's axiomatic -- a man alone in the world owns everything, can do anything he wants within his physical capacity and has no limitations on his freedom other than physical ones.
Correct. The solitary creature has all rights and no constraints other than its physical abilities.
On to two people in a state of nature -- neither person can objectively claim an a priori right to anything -- they both can live, and they both can acquire property and they both can run around with their pants down singin' hallelujah. But, what are the limitations? Since both have a right to life, neither ought to be able to kill each other unless attacked. Since both have liberty, neither can block the other from running around with their pants down singin' hallelujah, except the property bit -- where one party has acquired real property, then he can limit the other from running around with his pants down singin' hallelujah ON THAT PROPERTY.
I disagree. The fundamental adjudicator of the rights of two individuals "in a state of nature" is force. That is to say the Law of the Jungle. He (or she) who is able to claim a resource or exercise a liberty and defend that claim or exercise successfully against infringement by another has the right to such use and enjoyment. That's the adjudication of competing rights in its most basic and primitive form. Everything that follows is merely a more complex method of adjudicating a conflict for resources or space that balances the competing claims somehow, for some reason other than the natural urges involved. A tribal society that has a hierarchy that controls who mates with whom may be an incident of an understanding of the dangers of close inbreeding, or merely an exercise of power by those at the top of the food chain. Laws are codifications of social balancing of competing rights that can be extremely complex and have multiple objectives, but the core principle is still the same: The rights precede the adjudication and balancing of the exercise of rights, and the adjudication only comes into play when there is a conflict for resources or space. This sort of adjudication is seen in many species, not just humans, which is why I claim that there are Organic Rights that can be directly derived from nature which include the right to life, liberty, property and procreation, and the right to self-defense and defense of acquired property.
And, so on...it expands from there.
Once we have humans living in groups and in close proximity, the conflicts among humans relative to these fundamental rights become common....soooooooooo...... to protect these rights....and to "secure the blessings of liberty" governments are instituted among humans....and, so, that becomes the purpose of government -- to safeguard the group as a whole, and to resolve competing rights and interests where they overlap.
Correct.
Seth wrote:
Whether those rights, and others that are more complex, are respected by a society is what governance, and therefore government is all about. All living creatures recognize some form of governance, from the cooperative actions of coral polyps or monkeys to the individual (libertarian) penchants of male mountain lions to respect territorial boundaries. How such social ordering is created is largely irrelevant, but all are more or less primitive forms of "government" either through the Law of the Jungle or some more complex adjudicatory and regulatory behavior. But in all cases the government is an artifact of the nature of life and the expression of the fundamental Organic Rights of life, liberty and property.
To say that rights are a function of, and flow from government is to put the cart before the horse, for without pre-existing rights, there is nothing to be governed.
Of course, I never said that rights were a function of or flow from government. So, all the rest of your critique is rendered inapplicable by the failure of that basic premise.
Others, however, have said that, so I felt it was worth addressing.
"Seth is Grandmaster Zen Troll who trains his victims to troll themselves every time they think of him" Robert_S
"All that is required for the triumph of evil is that good men do nothing." Edmund Burke
"Those who support denying anyone the right to keep and bear arms for personal defense are fully complicit in every crime that might have been prevented had the victim been effectively armed." Seth
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