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Are Human Beings Endowed with
Objectively Identifiable Unalienable Rights? |
| [Reprinted from Equal
Rights, January, 1995] |
Everyone has rights, but something more than mere assertion is required
to provide proof, moral proof.
Moral proof is purely logical because it deals with general moral
principle and is therefore completely unrelated to particular
circumstances. Thus, empirical data is irrelevant to moral proofs,
although it is completely relevant to the application of general moral
principle to particular circumstances. We can't go from "is"
to "ought."
We do not turn to moral philosophers for proper applications; rather we
turn to politicians, economists, psychologists, etc. depending on the
circumstances of the application. Since they are empirical experts for
their specialty, they should know these empirical circumstances best.
Moral philosophers can only help us determine general moral principles
or goals (not means).
Let us now see what general moral principle can be proven:
- We should be consistent. Only then can we convey meaning.
"This is white and it is black" is meaningless because it
is internally inconsistent; a grunt would have as much significance.
- We should be accurate. Consistency requires it. Our
statements about objective reality ("that which exists without
our thinking about it") should be consistent with that
objective reality. "The Eiffel Tower is in Florence" is
inaccurate and inconsistent.
- We should treat reality as it is (according to the best
evidence available and as an end in itself). Both consistency and
accuracy require it; we can't be consistent and accurate otherwise.
- We have the right to be free to treat people as they are.
"We have the right to be free" means "we should."
People are an important aspect of reality. Surely, if we should do
something, we have the right to be free to do it.
- Our right to be free is limited by the equal rights of others.
This is a re-statement of the fourth principle above, since other
people have the same right to be free as we do; that's how "they
are." "We" is everybody -- not only you and I but the
people we're treating.
- Our right to fife is limited by the equal right of others.
We can't be free if we're not alive, and all others can make the
same moral claim.
- Our right to property is limited by the equal right of others.
If we have the right to be free, then we have the right to exert
ourselves to satisfy our material desires -- i.e., we have the right
to our labor, and what our labor can produce. If I morally own
something, then I can sell it to you and you can morally buy and own
it. Labor is therefore the only way to justify the ownership of
private property.
- Land cannot be morally owned since it is not the product
of labor. But since we must own land in order to securely own the
buildings and other things on it, then morally, let there be private
ownership of land, but let the landowner pay for his privilege by a
tax based on the value of his landownership.
This will be economically advantageous: all parcels of land will be
efficiently used (within rational zoning regulations), thereby
creating jobs and lowering prices, and the income from a land value
tax could replace socialist taxes on labor and enterprises. Why
should I (as a tax recipient) be allowed to share in your labor and
property?
- The duty of government is to defend the equal rights of
individuals. If individuals have rights, then it is the dutyof
government to defend those rights; no other agency can be as
effective in doing so.
Answering Objections
- "We all have a different view of reality."
True, but irrelevant. Either we should treat reality as it is,
according to the best evidence available, or we shouldn't, quite
irrespective of what our view of it is.
- "Rights and duties can conflict; certainly we should lie
to save a fife." We certainly should, because a life is
more important than a lie; the right to life takes precedence over
the duty to tell the truth (i.e., to treat reality as it is). Some
rights and duties are more important and inclusive than outers.
- "Don't we have a duty to help others?'' Generally no
-- why should other people's needs limit our right to be free? But
there are exceptions, as when government is not present and we must
act as the government in defending the rights of the oppressed.
Take the case of Kitty Genovese. Early one morning in 1964, she was
returning to her home in Queens, N.Y. when she was brutally attacked
by a mugger. Neighbors heard her hour-long cries but did nothing;
they didn't even call the police. They were morally reprehensible
because there was no government at that time and place; they were
the government there and then and they neglected their
responsibility.
- "Logic is not the only source of truth; empirics and
emotion are also sources of truth." Yes and no: logic is
the sole source of moral truth, but consistency and accuracy are
sources of descriptive or epistemologjcal truth, and the audience's
emotion is the sole basis for aesthetic truth.
If you're describing particular circumstances in objective reality,
then you want to be consistent in order to convey meaning; you
should be empirically accurate.
When I prefer Beethoven to Bach, I say more about my own emotions
than about these composers. Aesthetic beauty is in the emotions of
the audience, not in die object. It is purely subjective. I cannot
prove that a particular object is beautiful or not; I cannot speak
for you. Aesthetic truth is only the sincere expression of
one's own emotional reaction to the beauty or ugliness of objects.
- "Isn't it arrogant to say that you can determine moral
truth for others?" No: First, this is an ad hominem
argument and therefore invalid; second, if the above set of
principles above is true, then so be it; third, we are all the time
determining moral truth for others, as when we punish criminals;
fourth, isn't it more arrogant to say that what we wish to do is
moral because we wish it?
- "Moral truth is a matter of personal opinion only."
No: See the principles above; this objection can't be proven. It is
only Kant, or cant. After all, it asserts that there are no other
standards for moral truth by which this moral assertion can be
proven; thus, it cannot possibly be proven.
But - "A man convinced against his will, is of the same
opinion still "
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