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Yes it is. You seemed to imply that the idea of negative rights cannot be used to justify bad things (and conversely, that the idea of positive rights can only be used to justify bad things).
Both can be used to justify good and evil alike.
The idea of inalienable rights is indeed a social construct based on natural law moral theory (and morality is subjective). There is nothing in nature telling us that some abilities (thats what rights are subset of) should be inalienable (notice normative, not descriptive sentence - hence cannot be derived from nature, because of the is-ought (naturalistic) fallacy).
Originally posted by blueorder
reply to post by ANOK
ahhh, but we haven't had "TRUE" capitalism
Originally posted by blueorder
reply to post by ANOK
ahhh, but we haven't had "TRUE" capitalism
I made no such implication, you disingenuously inferred it. I certainly never even came close to implying that unalienable rights mean that people have the right to let others starve, this was your strawman.
Unalienable rights can never be used to justify evil!
I have all ready stated that outside of defense, unalienable rights are those actions that cause no harm. If an action is causing no harm, how is this a justification for evil?
What are you saying? Are you saying that before "the idea of inalienable rights", created through social construct, existed that people did not have the right to life? Are you suggesting that before this so called "social construct" of the right to speech, that people did not have the right to speech? Is this your idea of a logical argument?
The newborn infant does not check with any constitution or attorney before wailing. That newborn infant understands inherently it has the right to wail. Under your argument, without any "social construct" in place to secure that infants right to wail, that infant would be an "outlaw". This is your idea of logic, isn't it?
Different 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. For instance, Jonathan Wallace has asserted that there is no basis on which to claim that some rights are natural, and he argued that Hobbes' account of natural rights confuses right with ability (human beings have the ability to seek only their own good and follow their nature in the same way as animals, but this does not imply that they have a right to do so).[46] Wallace advocates a social contract, much like Hobbes and Locke, but does not base it on natural rights:
We are all at a table together, deciding which rules to adopt, free from any vague constraints, half-remembered myths, anonymous patriarchal texts and murky concepts of nature. If I propose something you do not like, tell me why it is not practical, or harms somebody, or is counter to some other useful rule; but don't tell me it offends the universe.
Other critics have argued that the attempt to derive rights from "natural law" or "human nature" is an example of the is-ought problem (naturalistic fallacy).
Originally posted by Maslo
As for the thread topic, I think this fetishisation of individual freedom is not bad. The past and present is littered with what I consider unjustifiable and pointless restrictions on freedom that have caused a lot of suffering.
Under Lockian natural rights concept, they certainly have a right to it. Or are you saying that natural rights do not allow someone to keep his excess food (property), even when its urgently needed by someone other? Is there a qualifier "people have a right to property, unless urgently needed by other person"? No.
See above. Letting someone starve when you have excess food is evil. "Unalienable" rights allow it. Hence can be used to justify evil.
Inaction can also cause harm. Thats what natural rights completely ignore.
And the opposite is true - positive rights cannot be used to justify evil inactions, but can be used to justify evil actions.
Objectively, they did not. And objectively, they dont even now. Rights are based on a subjective moral theory, therefore are themselves subjective, because morality is subjective (prescriptive, not descriptive). Morality (and rights) cannot be derived from nature (facts), because of naturalistic fallacy. This is really Philosophy 101.
Infants do not have objective right to wail, since rights are based on moral theories, which are by definition subjective. They have an ability to do so. You are confusing subjective rights with objective abilities.
Originally posted by The Sword
reply to post by Jean Paul Zodeaux
It's a term that is bandied about by people who have no clue what they're talking about.
If you're going to promote freedom, promote freedom for ALL, not just the right-wingers that throw the term around.
First of all, your appeal to authority in order to frame natural rights as a "social construct" is yet another logical fallacy.
Secondly, your histrionics, going straight to what silent thunder referred to as "inhumanity of man to man" is no more protected under your belief that laws are made by humans. Just as surely as unalienable rights can produce an ignorance to others, so too, and demonstrably so, can any tyranny. Indeed, the history of civilization is rife with dictatorships, monarchy's and despots who have done precisely what you hopelessly and haplessly attempt to ascribe to unalienable rights.
You are simply backpedaling now. You attempted to assign inhumanity to unalienable rights, willfully and pretentiously ignoring that the suppression of unalienable rights has a long history of inhumanity to man, watching others starve, watching others in need of care suffer. History is not rife with nations or states who have respected the unalienable rights of people that have also watched their fellow brothers and sisters suffer.
Natural rights indeed cannot be used to justify evil actions, but they can be used to justify evil inactions (omissions).
And the opposite is true - positive rights cannot be used to justify evil inactions, but can be used to justify evil actions.
You seemed to imply that the idea of negative rights cannot be used to justify bad things (and conversely, that the idea of positive rights can only be used to justify bad things).
Both can be used to justify good and evil alike.
Your hypothetical is just that. You cannot point to one instance where someone arguing in the defense of unalienable rights as a universal law also claimed they had a right to watch someone starve in the face of their excess food.
It is such an extreme and fantastical hypothetical as to be fairly called absurd! You are inventing a circumstance in order to dismiss universal unalienable rights, and laughably want to view yourself as just and good.
Natural rights do not ignore this, you are inventing this ignorance. Inaction can indeed cause harm and as such when an inaction causes harm it is not a right!
This is false. It is demonstrably so that positive "rights" are often used to justify evil actions.
When the positive "right" to healthcare is used to justify an insurance scheme through wealth redistribution, which has the effect of abrogating and derogating rights, this is evil
I have used no appeal to authority. All moral theories are subjective social constructs, including your petty favourite one (and including my favourite one). I have enough intellectual honesty to admit that. You seem to not have it.
You are the one attempting to impose morality on law, not I.
You play hopeless games of semantics declaring inalienable a "buzzword" and then through reification exclaiming "Of course they can be alienated". Saying it is so is not proving it is so, and you have miserably failed to prove a damn thing.
Unalienable by definition means non-transferable.
It is not true that unalienable rights can be used to justify evil and all you have done - again - is reify and declare it is true because you say it is true. If it causes no harm - outside of defense - then it is done by right. If it causes no harm where is the evil in it?
It is a shameful attempt to frame tyranny as some sort of benign force that prevents the starving from starving, that prevents the sick from getting sicker, and prevents the homeless from living without a home, but with or without a government recognizing the unalienable rights of individuals, people starve, people get sick, and people live without homes.
: incapable of being alienated, surrendered, or transferred
Originally posted by Leftist
Is capital-eff "FREEDOM" the highest ideological value?
Many on ATS and elsewhere act like it is. The preservation of "liberty" or "freedom" is a seeming argument-stopper for many, and related concepts (personal freedom, civil liberties, being free of government meddling, and so forth) are frequently trotted out as sacred, shining goals, beyond any other.
With this thread I would like to make two points:
1) "Freedom" as an ideological value is usually very poorly defined in any given argument that pushes for it.
2) When it is defined, it is usually given excessive, almost mystical importance.
Now I can hear all the steam hissing out of libertarian ears as they read this...for "freedom" truly is the sacred cow of libertarianism. I do not argue that "we need no freedom." So save your strawmen. Individual freedom is an important value for almost every society. However, it is not the only value, or in many cases even the primary one. The is also the difference between "freedom from" and "freedom to." Freedom as usually conceived by libertarians and others on the right is usually "freedom to make this or that choice." However, less talked about, there is also "freedom from hunger, freedom from want, freedom from fear." These are usually not considered by those who enshrine "liberty" as a sacred value.
The truth of the matter is that personal (or corporate) liberty is only one facet of what defines a society. It is wrong to attach a mystical or inflated value to freedom at the expense of needs like social protection, cooperation, justice, defense against hostility, community, and the "freedom from" instability, hunger. poverty, want, exploitation, and so on. A society that pushes sketchily-defined "liberty" at the expense of these other goals is not a just or fully-functioning society.
edit on 5/30/2012 by Leftist because: (no reason given)
The law is not mine, I did not "make" it any more than any other human did.
Morality has nothing to do with it, they are laws, nothing more, nothing less.
Were your argument true, that governments "make" rights, or grant them, then the word unalienable, or inalienable would be inappropriate
Were this true of government there would not be so many like you insisting on using government to bludgeon people with.
Prescriptive laws (such as natural rights) cannot be derived from nature. So indeed humans made the concept of natural rights. We also know who it was:
Further, declaring rights as "prescriptive" misunderstands the word. The right to life is not an imposition or enforcement any more than speech, press, or peaceably assembling is. Rights are not "prescriptive".
The ant does not communicate because of some prescriptive morality, but does so to relay a communication. The dog does not communicate because of a prescriptive morality but does so because of right.
Morality is not the source of laws. It can be and has been the source of legislation but not law.
Rights can never be transferred as a grant to people, and you've miserably failed to prove your point, merely repeat yourself.