[net.philosophy] Objectivism and rights--no go

dr_who@umcp-cs.UUCP (08/07/83)

Human nature includes our needs as living creatures, and the requirements of
a mind, says Tom Craver to Alan Wexelblat.  I say that needs, in any
absolute sense, are a figment of your lack of imagination.  The only
legitimate statements of needs are relative ones:  you need such-and-such to
do so-and-so.  You need the wrench to fix the wheel; you can't do it without
it.  No moral conclusions can be built on relative needs, because one can
always ask, "why should I seek the end for which the means is 'needed'?"

But there are some things you need to live, to be human! will be the reply.
So what?  Why should I care about living, or being human?  I do not ask
these as rhetorical questions; i.e., I am not implying that there is no good
reason to live.  But Objectivism fails to supply it.  It is no answer to
point out that I *am* a living creature, and that I *am* human.  I *am*
frequently petty, oversensitive, and unobservant too.  That doesn't give me
the slightest reason to stay that way.  But surely there's a difference
between these qualities and my qualities as a human?  Not a significant one.
By saying that rationality and life are my "qualities as a human," one is
merely pointing out that I am a member of a class which shares these traits.
But I am a member of a class which shares the traits of pettiness,
oversensitivity, and unobservance, too -- we might call this class "jerks".
That being petty is one of my essential or fundamental qualities as a jerk,
hardly makes me any more enthusiastic about being petty.

Someone who asks "why should I care about living?" is not asking "what *am*
I?" but rather "what *should* I be?"  I wonder what Objectivism could say to
a depressed person who asked this question sincerely.

Why should we grant anyone the claim to a right to life?  This seems
particularly hard to justify for Objectivists.  Not only does granting him
the right to life restrict our pursuit of our selfish goals, it even
entitles him to enforce these restrictions.  Why aren't we free to do
whatever we want to him, as long as it is in our best interests?  Suppose
you need an organ transplant to live, and the only way you can get it is to
kill an innocent stranger.  Surely we are not going to be told that it is
really in your best interest to die, and let the stranger go.  (You happen
to be smart enough to get away with killing him).  But if Objectivists would
allow us to kill here, how about if it was a loved one that needed an organ?
How about if it was two strangers, and you care more about two strangers
than one?  Accepting killing here leads down the slippery slope, right past
the last pretensions to morality.

Property rights are justified by our "need[ing] material things to survive"?
That tells us precious little about *who* gets *what* as property.  How
about if I just appropriate the whole world?  That'll insure my life and
mind the best, 'cause people will have to pay me to use any resource
whatsoever.  And naturally, everyone gets to give it to his children, even
if a parent gambles away his property and leaves his own child nothing, it's
OK for other folks' children to let him suffer, I suppose.  The concept of
property as "stored up life" may seem to tell who earns what property --
until one wonders *where* it's stored.  As Robert Nozick (an eloquent
*advocate* of property rights) says, "building a fence around a territory
would presumably make one the owner of only the fence (and the ground
immediately beneath it)."  But why even the ground immediately beneath?

I've been too hard on property rights and rights in general.  I used to
believe in rights as commonly accepted, and I know the rights position is
plausible.  It's just that I don't see any justification for the concept of
strong negative rights, and I think morality can get along without them.

Still smiling about my "fundamental qualities as a jerk,"
--Paul Torek, U of MD College Park