Friday, May 12, 2017

Rights/Nature

That Which Is, Is Granted, and Is Earned


There is the idea that all people are born with rights, which they hold simply because they are human. This was created in the American Declaration of Independence. This is the idea that underpins Article 1 of the Universal Declaration of Human Rights:
All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.
Not everyone shares this belief. Many people believe that rights are simply entitlements granted by the state and held only by citizens. But for classical liberals, rights are much more than this. They are universal (held by everyone) and inalienable (they continue to exist regardless of whether or not governments recognize them).

The second idea concerns what human rights actually are. Classical liberals believe that the list of genuine human rights is quite short. It is comprised primarily of those things that are necessary to preserve life and individual liberty.

This list includes the right to be free from torture, slavery, arbitrary arrest or detention. Freedom of association and freedom of speech are also seen as legitimate human rights. But other rights, particularly economic and social rights, are viewed as mere aspirations. If those aspirations are legislated as rights, the State must grow to create them.

Thirdly, classical liberals believe that the role of the state in fulfilling or protecting human rights should be very limited. States should do only what is necessary to protect life and property.

Classical liberals believe in a minimal state – as political philosopher Robert Nozick puts it, a “night watchman” state – that does not interfere with the privacy of citizens and their freedom to live, work and be educated in any way they see fit.
A lot of the friction that societies suffer is on this point: What is a right -- which everyone inherently can claim-- and what is an aspiration--which everyone hopes to earn.

No comments: