GE
Gertie wrote: ↑Today, 12:49 pm
Nearly everybody now agrees human slavery is wrong. A couple of hundred years ago the numbers would've been different, and it probably wouldn't have been a morally obvious point to you and I if we'd lived then. In the dominant western societies most people (women and black people) then had a legal status akin to property. Now we've extended our notion of who has what rights, even to some other species, and in areas beyond property ownership.
Broadening the class of entities who have rights does not constitute a change in the meaning of "rights." That meaning hasn't changed in a very long time. The expansion of the rights-holding class to include Africans, women, and even some animals turns on our evolved understanding of what constitutes a moral agent. If we someday encounter Betelgeusians who we decide qualify as moral agents then they will have rights too, and the word will mean the same thing.
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No it isn't. Your personal views of morality centre around whether someone is a moral agent (someone able to make moral choices), and so in this case whether someone is eligible for Rights. But that's not everyone's view of morality or everyone's moral foundation for Rights. It's not mine for example. Hence the concept of women, 'races', children, animals, or people with severe mental disabilities having rights isn't a problem for me. But it is for you, if you believe someone has to be a moral agent capable of making moral decisions, to be eligible for Rights.
The fact that a bunch of powerful white blokes were eventually convinced they aren't the only ones capable of making moral choices, hence slavery is wrong, is
your interpretation of the basis for which rights were extended beyond their group and eg slavery abolished in the western countries practicing it, but that doesn't make it the
only possible moral foundation for rights and the abolition of slavery.
We could do this because Rights aren't a fixed thing, they don't exist independantly of humans 'out there' somewhere for us to discover, and once we've found them that's settled. People invented the concept of Rights, and a very good concept it is too. Because it offers a notion of certain entitlements and protections no matter what the person/s in charge thinks (including in democracies where the 'tyranny of the majority' is an issue).
I agree. The notion of rights is certainly a human invention. So are the rules of baseball and relativity theory. But whether a right exists or not is an objective matter, just as is whether a fly ball in baseball is fair or foul, or whether mass increases with velocity.
The football ''off side'' rule has changed, so since then people haven't really being playing football, and shouldn't be allowed to call it football, because football objectively has the original off-side rule? This is how we should treat rights too?
I don't know about baseball, but I think football originated with villagers kicking a pig's bladder around or something, so only that is ''Natural Football'' and everything else is not allowed to be considered the One True Football according to this principle.
In reality, our concept of football is broad enough to encompass changes in rules, numbers of players, who is allowed to play, size of pitch, etc. It's up to us.
Likewise with the concept of Rights, there are key core features, but over time we've thought about the concept in different ways, not just in terms of Natural Rights.
Wiki -
Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal system, social convention, or ethical theory.[1] Rights are of essential importance in such disciplines as law and ethics, especially theories of justice and deontology.
Rights are often considered fundamental to any civilization, for they are regarded as established pillars of society and culture,[2] and the history of social conflicts can be found in the history of each right and its development. According to the Stanford Encyclopedia of Philosophy, "rights structure the form of governments, the content of laws, and the shape of morality as it is currently perceived".[1]
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There is considerable disagreement about what is meant precisely by the term rights. It has been used by different groups and thinkers for different purposes, with different and sometimes opposing definitions, and the precise definition of this principle, beyond having something to do with normative rules of some sort or another, is controversial.
One way to get an idea of the multiple understandings and senses of the term is to consider different ways it is used. Many diverse things are claimed as rights:
A right to life, a right to choose; a right to vote, to work, to strike; a right to one phone call, to dissolve parliament, to operate a forklift, to asylum, to equal treatment before the law, to feel proud of what one has done; a right to exist, to sentence an offender to death, to launch a nuclear first strike, to carry a concealed weapon, to a distinct genetic identity; a right to believe one's own eyes, to pronounce the couple husband and wife, to be left alone, to go to hell in one's own way.[1]
There are likewise diverse possible ways to categorize rights, such as:
Who is alleged to have the right: Children's rights, animal rights, workers' rights, states' rights, the rights of peoples. What actions or states or objects the asserted right pertains to: Rights of free expression, to pass judgment; rights of privacy, to remain silent; property rights, bodily rights. Why the rightholder (allegedly) has the right: Moral rights spring from moral reasons, legal rights derive from the laws of the society, customary rights are aspects of local customs. How the asserted right can be affected by the rightholder's actions: The inalienable right to life, the forfeitable right to liberty, and the waivable right that a promise be kept.[1]
There has been considerable debate about what this term means within the academic community, particularly within fields such as philosophy, law, deontology, logic, political science, and religion.
That some peeps at some point came up with the concept of 'Natural Rights' and defined it such n such a way, doesn't mean that's the only way which Rights can be conceptualised, and it isn't.
True. One can always "re-conceptualize" --- i.e., propose some idiosyncratic meaning for --- any word. That tends to make communication difficult. Those with new ideas should coin new words to denote them. And, of course, "rights" as classically understood have a clear and palpable moral basis. Most of the "re-conceptualizations" which have been proffered are attempts to rationalize violating that moral constraint.
see above.
Natural Rights have no special status above any other notion of rights.
That's true. A "natural right" is simply one's right to one's natural possessions --- one's life, one's body, one's native talents, etc. But they have the same basis and the same moral status as other ("common") rights.
If we want to philosophically ground Rights, or a particular Right, in Morality, then we have to make a moral case . . .
Indeed we do. The moral precept upon which the classical conception of rights rests is that one ought not inflict losses or injuries on other moral agents. But of course, many --- robbers, thieves, murderers, rapists, fraudsters, plunderers and pillagers, conquerors, and most governments --- reject that precept.
If we live in a real world of sometimes competing and mutually exclusive rights and goods, which we do, then morally responsible governments have to find ways of coming up with rules and systems which compromise in morally acceptable ways for the people they govern. In democracies this plays out via government by consent. It's messy, imperfect and not morally 'crisp'. Rights impose obligations not all of us agree with or personally benefit from. Democratic politics is an ongoing negotiation which individuals can see as doing better or worse, morally and otherwise. But as there is no objectively observable tablet of stone with the solution to a perfect moral system applicable to everybody in every circumstance for all time, for us to strive to achieve, this is inevitable.
For example, the concept of Natural Rights centres around the moral values of Individualism and Freedom, Me and Mine. This chimes with your Libertarian preferences. The concept of Equal Rights centres around the moral value of Fairness, which chimes with my Social(ist) preferences. These are rooted in two different approaches to the concept of morality and the role of Rights. We can debate individually, and they play out in politics which affects us both - and we both get a vote on which takes precedence in particular aspects of government. Neither have an
'objective' status which trumps the other.