Friday, January 13, 2012

Natural Rights

     The concept of natural rights comes up often enough in political discourse that it's worthy of treatment. Perhaps the most iconic political mention of this idea comes from the Declaration of Independence, which reads so poetically: "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness."
     This statement draws from a rich history of struggle against monarchs, who by virtue of ego and tradition, ascertained their natural right to be that of lordship over other men. Our national struggle against George III, culminating in the American revolution, predicated on a fresh understanding of "natural law," was not so much about violations of God-given rights as it was about economics, and the use of political speech and revolution to secure greater economic freedoms for some class, in that instance, the colonist-citizens. In the same, when today's politicians invoke natural rights, they do so to make a political point, motivated mostly by economics.
     Yet if natural rights do, in fact, exist and can be known, why do they appear to change? If, as our founders said, rights derive from the Creator, shouldn't they have the quality of immutability?
     Of course, rights don't change, according to the conservative, but we do on occasion mistake what is or is not a proper right, necessitating cautious and slow rectification. Fair enough.
     Assume for the sake of argument that natural, God-given rights exist. What then is society's obligation with regard to these rights? Naturally, we must enforce them. If we say slaves have a right to be free, then we must free them. If we say all humans have a right to govern themselves, then we must impose democracy. If we determine that women have a right to equal pay relative to men, then we must equalize wages. If it is true that all possess a right to life, then we must prevent the taking of life.
     Do you see a common thread among all rights? Rights require action. They demand some humans to act to the benefit of some others. Society incurs a moral obligation to each of its members to safeguard a right precisely when - in its conscience - it recognizes the existence of the right.
     Recognition implies obligation.
     And if God endows a right, He must also recognize the right. Therefore, any right God creates binds Him to enforce the right if He is so able, or to delegate this responsibility to a more competent agent. Since God is, by definition, the most competent agent, He must enforce all natural rights. That is, unless God is above doing the right thing.
     So the next time a politician asserts that taxes infringe on the right to property, remember that God never stopped any government from collecting taxes, even unfair and regressive ones, and also think of Jesus, who unequivocally commanded that taxes be paid! Don't let this "nonsense on stilts" about natural rights, to quote Bentham, blind us to the fact that if we want a right, we must get it from the government.
Interroga omnia.
 

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