Wait a minute – A debate about natural rights, Part 1
The concept of natural rights is a topic that I have wanted to address for some time now. It all started when my friend Jacob Hedegaard challenged me to address the rational behind the concept without referring to a deity in the end as the source for the natural rights. The quick and dirty definition of natural rights is the right that human beings have that are not contingent upon the laws, customs, or beliefs of any particular culture or government, and therefore universal and inalienable. Therefor natural rights are something that any given person can claim regardless their status in society. Some examples of classical natural rights would be ‘The right to not be enslaved’ and ‘ The right to not be killed’. Natural rights in contrast to legal rights should always be stated as negative rights because only then can they truly be universal and not contingent upon others. For example, if we sad that ‘All human being has a right to life’ instead for ‘the right not to be killed’, then it would be implicit that society then should preserve every human beings life or else they would violet their rights.
In an effort to answer the question of where human beings does get those rights, philosophers tent to end up by pointing to either a deity or some type of social contract. But do we need a deity to argue for natural rights? Well Murray Rothbard tried to solve this “problem” by pointing too property rights. He’s reasoning goes to something like this: ‘I own my own body, and therefor it would be theft to either kill or enslave me’. At first glance, this only postpone the question to ‘Why do you own your own body?’ or to ‘Whom have given you your body?’ To the question of why Rothbard would say that ‘I own my own body because I am inalienable from my own body’. To the question of who bestowed human beings their body we again end up at either a deity or at Nature, and therefore not solving the dilemma.
The reason for why we can’t solve this dilemma of the need of a deity, I believe, is because we deliberate the issue of natural rights as an ontology issue. When rights are analysed as an ontology issue rights become an object that can be transferred between subjects. One individual can give some rights to another individual. This might be the affirmative way of addressing rights when we are talking about legal rights, where society, thought the laws, provides individuals with rights. Therefore, I suggest that natural rights should not be considered form an ontological point of view but rather from an epistemological point of view. By doing this, natural rights become a matter of knowledge, a matter of something that can be judged to be either true or false. And we don’t need a deity to enlighten us with what is true and right, and therefore neither what our natural rights are.
An epistemological reasoning for natural rights could be something like this:
In an effort to answer the question of where human beings does get those rights, philosophers tent to end up by pointing to either a deity or some type of social contract. But do we need a deity to argue for natural rights? Well Murray Rothbard tried to solve this “problem” by pointing too property rights. He’s reasoning goes to something like this: ‘I own my own body, and therefor it would be theft to either kill or enslave me’. At first glance, this only postpone the question to ‘Why do you own your own body?’ or to ‘Whom have given you your body?’ To the question of why Rothbard would say that ‘I own my own body because I am inalienable from my own body’. To the question of who bestowed human beings their body we again end up at either a deity or at Nature, and therefore not solving the dilemma.
The reason for why we can’t solve this dilemma of the need of a deity, I believe, is because we deliberate the issue of natural rights as an ontology issue. When rights are analysed as an ontology issue rights become an object that can be transferred between subjects. One individual can give some rights to another individual. This might be the affirmative way of addressing rights when we are talking about legal rights, where society, thought the laws, provides individuals with rights. Therefore, I suggest that natural rights should not be considered form an ontological point of view but rather from an epistemological point of view. By doing this, natural rights become a matter of knowledge, a matter of something that can be judged to be either true or false. And we don’t need a deity to enlighten us with what is true and right, and therefore neither what our natural rights are.
An epistemological reasoning for natural rights could be something like this:
‘I am a human being’
‘I find it to be true that I have the right not to be killed’
‘Therefor I find it to be true that all human beings have the right not to be killed.’