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[Reprinted from The
Freeman, October, 1942]
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Whether rights exist in or by nature or are purely useful human
arrangements, or a combination of both, may be revealed to some extent
if we take note of the natural human elements in connection with which
rights operate and of the individual's relation to society.
In general, a right may be defined as a claim established in tradition
or law on behalf of the individual, or society or both, and enforceable
by rules of conduct. Moreover, a right may be either absolute and
inalienable, or conditional.
An absolute right is a claim, but a one-way claim, that is, with no
corresponding obligation to those who exercise the claim. Consequently,
such a right is not an absolute right at all but an absolute wrong. It
may be a privilege or just a plain fraud. If it is acknowledged and
upheld, it is because it masquerades as a two-way claim, thanks to
unsocial ignorance and ethical distortions. The history of despotism,
aggression and exploitation is a history of the absolute right.
The individual may feel instinctively that certain individual rights
are inalienable and paramount to all possible considerations, yet, is
there not still a crucial question of their feasibility in association ?
Such claims of right overlook the fundamental fact that they are made
not merely by the individual as such but by a joint unit, or member of
society.
Thus, one may claim a right to refuse to take up arms on the ground
that it is so natural, inalienable and absolute that all consequences to
society are, therefore, irrelevant. Yet, the rights of participants to
self-preservation and to full benefits of their sacrifice would be
equally natural. Would not their burden increase and benefits decrease
as a necessary result of the non-participant's very membership in
society in receiving protection and sharing the fruits of victory, so
that rights of others are infringed and nullified. Such personal
unilateral rights carried out fully and universally would ultimately
result in mutual nullification of rights whether natural or not.
On the biological side, it is a matter of natural law that factors of
self-preservation must correlate with and be subordinate to factors of
race preservation if there is to be any preservation at all. With the
exception of mating, association can serve no useful purpose unless its
benefits outweigh and liquidate its disadvantages.
A conditional right, on the other hand, is a two-way claim. It is a
claim which at the same time admits and upholds a similar claim or
corresponding counterright. The rights to life, liberty and pursuit of
happiness are typical conditional rights. Though apparently absolute,
they are truly conditional, "Live-if-you-let-live," relations
in their nature and function. Moreover, such rights are not single and
simple in their nature, but are a combination of various distinct
elements. Claim and counter claim are its poise and equoipoise in a
balance of benefit for benefit and sacrifice for sacrifice. It is
clearly the conditional, the reciprocal right which Henry George means
by a natural right. It is equally clear from his observations that the
natural urge to satisfy desires with least effort is the -basis of the
balance between claim and equal counter claim- The conditional or social
right alone, despite flagrant vagaries, validates claim for claim on a
basis tending to equality of mutual benefit in association.
We might well inquire, then, whether man acknowledges counter claim
naturally and In response to some irresistible moral law, human or
Divine, or whether he does so because he knows his claim will be
acknowledged and upheld only if he does likewise.
Henry George's assertion that rights are natural and of Divine origin
is at such odds with his description of their nature and function that
one is led to conclude that the assertion is purely an expression of
religious faith. A reasonable inference from his observations is that
rights are not distinct, independent existences which inhere in nature
but that they are relations which arise out of the nature and
necessities of association by willful and deliberate agreement or
acquiescence. It is the urge to establish some relation which shall
enable man to survive with least effort that is primordial and natural
and not an urge to establish any one particular type of relation.
The capacity to choose between one-way and two-way claims is as natural
as any primary urge. The actual choice depends on variable factors such
as advantage, will, wisdom, experience, foresight, etc. The conflict
arises from the natural tendency to favor the relation that best suits
the chooser. Furthermore, if an equitable right arises only on
concurrence of claim and counter claim, the right is subsequent to the
mutual acknowledgement, and is clearly not an independent existence or
pre-existence or either external or human nature. It would appear,
therefore, that a right is, at best, a relation.
It is to be noted that observations which apply to the nature of
relations in general apply equally to the nature of human relations. A
right is a social relation. However, a relation is not an independent or
self-existence. It is a state of mutual connection between actual or
presumed things.
Thus, just as time and space are not existences in themselves but
concepts of relation between things, so is a true right not an
independent existence but a state of mutual connection between two
mutually acknowledged claims. That is, no concurrence of claim and
counter-claim, no right Because civilization is a direct expression of
the cooperation, exchange and mutual benefit from this concurrence,
wisdom and foresight compel men to formulate rights as relations that
ought to be.
It is said that the best philosopher is he who makes two blades of
grass grow where only one grew before. We might paraphrase this by
saying that Henry George is a philosopher who shows why and how to make
two-way rights grow where only one way rights grew before.
Mutual benefit is the very core of association. George is pre-eminently
the philosopher of this mutuality. He reveals why rights serve as social
values in exchange and that ethics should be the yardstick of these
values in social or mutual benefit. He shows that the one-way right is a
social value in one-way exchange and that the two-way right is a social
value in two-way exchange. In a word, that they are devices of social
arrangement, responsibility, utility and ethical purpose.
The major conflict of civilization has been the conflict of these two
philosophies. Couched in plausible half-truths and appealing
sophistries, which have enlisted the active aid of its very victims, the
philosophy of the one-way right has been the constant scourge of
mankind. But civilization and progress are fruits only of the two-way
right.
Yet, strangely enough, these diametrically opposed philosophies appear
to spring from the same natural urge of self-survival; from the tendency
to satisfy desires with least effort. Nevertheless, the hope of mankind
lies in the common man's understanding and realization that the
philosophy of the bilateral right is by far the more effective as a
means of satisfying desires with least exertion when the results of
ensuing cooperation cannot be intercepted by the apostles of unilateral
rights.
Henry George's application of the philosophy of two-way rights to
political economy is only a single detail of its more comprehensive
scope in human relations. Its broader aim is to foster adequate and
effective rules of conduct to this larger purpose. With an abiding faith
in human nature he reveals both how and why the philosophy of the
two-way right can effectively replace the fraudulent philosophy of the
one-way right and thereby direct the vast potentialities of association
toward the high ethical purpose of equality, progress, peace and
Freedom.
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