Leontiskos wrote: ↑September 8th, 2021, 9:39 pm
Thanks for your response and clarifications.
To be clear, we are arguing about the definition of "right". I would build on this definition, "the power or privilege to which one is justly entitled" (MW 2a). I am thinking specifically of the power to invoke existing obligations. So a right is the power to invoke existing obligations to which one is justly entitled. For example, to say that I have a property right to a car means that I have the power to invoke another's obligation to not steal it. The right-holder has this power whether or not it is exercised.
What is your definition of a right? I tried to attempt your definition, but I find that doing so looks like a strawman. This is because I think you are giving a way to establish or verify the existence of a right rather than giving the definition of a right. For example, we could give conditions for establishing or verifying the existence of a marriage: a couple exchanges lifelong vows of fidelity. But this tells us whether a marriage exists and how to find out. It doesn't tell us what marriage is. The truth condition for "John and Jane are married" is different from the definition of marriage.
Heh. Part of this disagreement arises from the fact that there are different types of definitions. The one I gave, "A pseudo-property assigned to a person when a paticular relationship between the person and some particular thing exists, that relationship being that the person is the first possessor of the thing," is an
intensional definition. Intensional definitions give the necessary and sufficient conditions for a particular
x to qualify as a
y.
"An intensional definition gives the meaning of a term by specifying necessary and sufficient conditions for when the term should be used. In the case of nouns, this is equivalent to specifying the properties that an object needs to have in order to be counted as a referent of the term.
"For example, an intensional definition of the word "bachelor" is "unmarried man". This definition is valid because being an unmarried man is both a necessary condition and a sufficient condition for being a bachelor: it is necessary because one cannot be a bachelor without being an unmarried man, and it is sufficient because any unmarried man is a bachelor."
https://en.wikipedia.org/wiki/Extension ... efinitions
But there are several other types of definitions, all of which are sometimes useful. Common dictionary definitions may be any of these types, depending upon what the compliers consider to be the most informative for a particular word. An
extensional definition gives examples of the definiendum:
CAT (N): A member of a family of mammals in the order carnivora, embracing lions, tigers, bobcats, leopards, servals, and house cats, among others."
A
functional definition describes the use or function of the definiendum in some familiar context:
HAMMER (N): A tool used by carpenters to drive nails, or any tool designed for pounding or beating something.
The definition of "right" you suggest is a functional definition --- it sets forth the purpose for which rights are assigned and claimed. Both types are useful for explaining the meaning of a word, but only the intensional definition determines whether a claimed right exists, and thus whether the claim is valid and the moral obligation implied exists.
GE Morton wrote: ↑September 8th, 2021, 1:51 pmYes, I think P2 is much easier to defend, it being only a definition, a recitation of how the word is actually understood in most routine disputes about who has a right to what, and how those disputes are resolved --- which is by applying the first possession criterion.
Well, P2 is an implication, not a definition. It does not define what a right is, but rather gives the sufficient conditions for the existence of a right. As noted previously, P1 and P3 reflect our two different definitions (which is why I included the unused P1). Obviously since I think P3 reflects the definition of rights I think P3 is a tautology, and since you think P1/P2 reflects the definition of rights you think P2 is a tautology.
The reason I think P2 involves an "ought" is because on my definition rights and "oughts" go hand in hand. That is, if the definition of rights I gave is correct then P2 moves from an "is" to an "ought" due to the fact that the meaning of rights involves obligations and "oughts".
Another important distinction to make with regard to definition is that between the denotation and connotation of a word. The denotative meaning picks out the things in the world to which the term is properly applied. The connotative meaning consists of the various other concepts that may be associated with it in some minds, or even many minds. The connotative meanings of words, however, are subjective; they differ from person to person, depending upon their personal experiences with the thing denoted. The connotations of the word "hammer" will differ for someone once beaten with one, from someone whose only experience with one has been to drive nails.
To be sure, some connotations of some words are nearly universal, and the moral connotations of "a right" is one of those words. So I will concede that term "involves" an "ought," and is part of its meaning. But only of its connotative meaning. It's denotative meaning does not include or entail an "ought."
GE Morton wrote: ↑September 8th, 2021, 1:51 pm
For the most part. Tx is not temporally separated from Sub2, but it is logically separated. First possession establishes a right (by definition), but it does not logically imply any obligations. That P first possessed x is just a non-moral historical fact. To get from there to obligations you need some more premises: that first possession entails acquisition without inflicting loss or injury, that violating a right inflicts loss or injury, and that people have an obligation to refrain from inflicting loss or injury.
I agree that there are a number of different premises, but I am questioning which premises are necessary before we have warrant to claim that a right exists. You seem to think that someone who acknowledges that first possession has occurred but does not acknowledge that obligations exist would affirm that a right exists.
Oh, no. As evidenced by many posts in this thread, some people would not affirm that a right exists merely because first possession does. They hold that rights have some other basis entirely. That view is not consistent, however, with the historical understanding of that term or with the criteria common law courts, to this day, apply in resolving disputes about rights. Those who hold that view are proposing that the word be re-defined.
https://papers.ssrn.com/sol3/papers.cfm ... t_id=60957
I think someone would admit that a right exists once they have reasoned all the way to obligations, and not before that.
"Reasoned all the way to obligations" . . . from what? What are the premises from which this reasoning begins? The actual sequence typically followed by those who so use the term is to begin from some "intuited" obligations assumed
a priori, for which no arguments are offered, and then confer the pseudo-property "rights" on the intended beneficiaries of those presumed obligations.
You can't get to a (moral) obligation without some sort of moral argument.
It doesn't make sense to say that we have a right to some thing before obligations are perceived.
Heh. I would argue the opposite --- that it doesn't make sense to say we have an obligation before a right is perceived --- at least, not an obligation to respect a right. Rights invoke obligations via a coherent moral theory. There are no obligations (of that kind) until a right is established, and what establishes it is an empirically verifiable state of affairs.
You are apparently talking about "how the word is actually understood in most routine disputes about who has a right to what, and how those disputes are resolved." I just want to repeat the point that verifying the existence of something and understanding what that thing is are two different questions. If there is a dispute about which farmer has a right to a piece of land we can look at the factual history of possession to determine who has the right to the land, but this does not tell us what it means to have a right to a piece of land.
Did my comments above answer that?
GE Morton wrote: ↑September 8th, 2021, 1:51 pmSo the purpose of the concept, and the usual reason for invoking it, is indeed to invoke a moral obligation others have. But whether that obligation ensues from a particular claim depends upon a matter of fact.
I agree with this, but I would add that the meaning of the concept is found in the "power" that my definition elaborates.
Answered above (I think). Here's another example: Alfie buys the winning ticket for the State Lottery grand prize. We now apply the pseudo-property "Winner" to him. That he is a "winner" is an empirical fact, evidenced by his possession of the winning ticket. That tag, of course, also connotes certain things, i.e., that he indulges in gambling to some extent, that he has had some good luck, and that he will soon be a wealthy fellow, among other things. All of those may be considered part of the "meaning" of being a lottery winner. He then goes to the lottery office and declares, "I am the winner of this week's lottery." His reason for so declaring, of course, is to invoke the State's obligation to pay him his winnings. But whether he is indeed the winner is an empirical fact, which he must prove to trigger that obligation. Until that is done the State is under no obligation to pay anyone anything; its obligation is contingent upon a certain objective state of affairs.
GE Morton wrote: ↑September 8th, 2021, 1:51 pm
Yes. As will be the case with any moral argument. Those who don't accept the premises will not be bound by the conclusions. What would bind them?
Ha, that's a can of worms.
Yes. It raises the question of what to do with/about "outlaws."
Rather than lengthen this post further I will just point to a place where I argued against the no-ought-from-is claim. In this post (link) I argued that truth binds belief, so to speak. Admittedly, that question is simpler: whether those who accept the premises are bound by the conclusions, but presumably a bridge could be built so long as your premises are demonstrable.
Read the linked post. "Ought" can be derived from "is," but only if some additional premise is added or implicit. E.g., your " . . . those who accept the premises are bound by the conclusions" example relies on an implicit agreement to adhere to the rules of logic.
I agree, of course, with your claim there that "moral oughts" are just intrumental "oughts." "You ought to get a hammer" and "You ought not steal" only differ in the goals sought, i.e., driving a nail v. allowing all agents to maximize welfare.