Gertie wrote: ↑August 22nd, 2021, 6:14 pmHmmm. Well, Ok. But the assumption that rights (and all other moral properties and imperatives) apply only to moral agents (and "moral subjects") is pretty widely --- even universally --- held among contemporary moral philosophers. Without such an assumption you place yourself on the brink of a precipitous slippery slope --- do rocks, bricks, clouds, raindrops, viruses, electrons have moral obligations? Do we have moral obligations to them?
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.
Defining the class of entities or phenomena it contemplates, to which it applies, is a necessity for any theory, in any field. E.g., biology is is the study of living organisms, not of rock formations or nuclear reactions.
Nor does defining the scope of a moral theory constitute laying its "foundations." The foundations of a theory are its axioms.
As for "rights" specifically, they don't have a "foundation," and don't need one. The term simply denotes a "pseudo-property" imputed to a person (or other moral agent) when a particular historical relationship exists between that person and something he values.
But you no doubt have some alternative "foundation" for rights and morality in mind. Lay it out!
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?Heh. The scopes of the two terms are incommensurate, so the analogy doesn't work. "Football" is a game with many rules and defined moves and practices. Changing one of them doesn't alter the game to the extent that it is no longer recognizable as football. Applying the term "rights" to goods to be taken by force from others, however, expressly authorizes the very behavior the term was coined to prohibit. It is Newspeak: "Freedom is slavery," et al.
Wiki -I have no quarrel with anything in that Wiki article. I certainly agree that all of those questions and controversies exist. It is the point of a moral theory to resolve some of them.
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. . . .
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.That is an excellent exposition of moral pragmatism. But there is an abiding assumption in moral philosophy that compromises on moral issues are themselves immoral. While compromises of some sort are indeed sometimes the best we can do, there is always a residual obligation to strive harder to attain the ideal. Compromises are never the end of the matter.
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.
Couple of other points: Individualism is not a "moral value." It is a biological and social reality. Societies consist of individuals, each of whom is unique --- individuals who differ in countless ways, who share no natural bonds and have no common interests, and have no a priori obligations to one another. Any sound social theory must recognize that fact.
"Libertarianism" also extolls the value of fairness. But that is a term, like "rights," which been subject to Newspeak re-definition. Per some "socialist" interpretations, "fair" means or implies "equal." But it doesn't; it means "in accord with the rules," or "in accord with merit." I.e., one ought to get what one deserves:
"7. Being in accordance with relative merit or significance: She wanted to receive her fair share of the proceeds."
https://www.ahdictionary.com/word/search.html?q=fair
Seizing something of value from the person who produced it or earned it and handing it over to someone who did not is manifestly un-fair, per that understanding and definition.