[talk.philosophy.misc] Rights

carnes@gargoyle.UUCP (Richard Carnes) (10/15/86)

[janw]
>I addressed your argument, and
>refuted it (it was based on a transparent sophism about a "right to
>conditions of good life" - a right to end all rights). 

The point is that there is at least as much justification for a right
to the conditions of a good life as there is for the right to
unlimited procreation.  Jan denies that there are welfare rights, but
affirms an absolute right to unlimited procreation, which he
apparently derives as a corollary from an absolute right to dispose
of one's body.  Fine.  The question then is, why affirm one putative
right and deny the other, dogmatism apart.  What is the source of the
"true" rights, on what basis are they ascribed?  

Jan's position seems to imply that one has an absolute right to
dispose of one's body, including unlimited procreation, regardless of
any harmful consequences this may have for other persons.  I doubt
that I am the only one who finds this assertion (as it has so far
remained) hard to swallow.  So I ask Jan to provide a theoretical
basis for this alleged right rather than simply asserting it.

As far as I know, Nozick does not address this question in *AS&U*.
He begins, "Individuals have rights..." but nowhere gives a basis in
theory for the ascription of rights.  J.S. Mill's answer in
*Utilitarianism* ch. V is interesting:

  To have a right, then, is, I conceive, to have something which
  society ought to defend me in the possession of.  If the objector
  goes on to ask why it ought, I can give him no other reason than
  general utility.  If that expression does not seem to convey a
  sufficient feeling of the strength of the obligation, nor to account
  for the peculiar energy of the feeling, it is because there goes to
  the composition of the sentiment, not a rational only but also an
  animal element -- the thirst for retaliation; and this thirst derives
  its intensity, as well as its moral justification, from the
  extraordinarily important and impressive kind of utility which is
  concerned.  The interest involved is that of security, to everyone's
  feelings the most vital of all interests.  All other earthly benefits
  are needed by one person, not needed by another; and many of them
  can, if necessary, be cheerfully foregone or replaced by something
  else; but security no human being can possibly do without; on it we
  depend for all our immunity from evil and for the whole value of all
  and every good, beyond the passing moment, since nothing but the
  gratification of the instant could be of any worth to us if we could
  be deprived of everything the next instant by whoever was momentarily
  stronger than ourselves.  Now this most indispensable of all
  necessaries, after physical nutriment, cannot be had unless the
  machinery for providing it is kept unintermittedly in active
  play....  [etc.]

Richard Carnes