Work in progress, Part1
The follwoing is an essay I have been working on and editing for the last 6 months or so. Please keep in mind that it is a work in progress.
Any suggestions, comments, etc are welcome, either via e-mail or publicly. Notice that Measures 5 and 6 are contradictory; I am still searching for a way to reconcile those two. It may be that the only way to reconcile them is to admit that rights are not 100% absolute, but rather are a "limited absolute" only when exercised in a responsible manner.
A solid definition of terms is certainly needed when discussing rights.
The Nature of Rights
Webster's New World Dictionary, Third College Edition defines right: n., that which a person has a just claim to; power, privilege, etc., that belongs to a person by law, nature, or tradition [the right of free speech]
The American Heritage Dictionary of the English Language defines right: n., that which is due to anyone by law, tradition, or nature
These dictionary definitions are but a starting point. They define only in terms of syntax, but do not convey the full nature of a right.
The Measures of a Right
Measure 1: Rights are shared equally by all individuals.
Measure 2: Rights apply only to the individual.
Measure 3: The exercise of rights may be physically (but not morally) denied.
For example: Many people claim a right to hold an opinion. Forming an opinion is not a right, but rather the mechanical function of a normally operating human brain. Information is input, it is processed, and one forms an opinion based on that information. There is no way for any entity to stop an individual from thinking anything. A law passed forbidding people from thinking certain thoughts cannot be enforced, for there is no way to determine what a person is thinking without their voluntarily divulging it. One will think what one wants to think, and if one's opinions are "forbidden," one will simply not express them. This is where a right does come into play; the right of free speech, if recognized, allows one to express that opinion without fear of legal prosecution.
The fourth measure of a right: rights carry with them an inbuilt price tag; the responsibility of exercising those rights in such a manner as that their exercising does not infringe upon the rights of any other individual.
The irresponsible exercising of rights results in physical harm to another.
The irresponsible exercising of rights results in causing another to be deprived of his property, or its use, or causes damage to another's property.
The irresponsible exercising of rights results in infrigement of another's rights.
Such actions demand that the infringer be held accountable.
The fifth measure of a right: it is absolute. There exist no conditions under which any entity may morally infringe upon another's rights.
The sixth measure of a right: when one does exercise one's right in an irresponsible manner, one automatically forfeits certain of his own rights in so doing.
The seventh nature of a right: if a concept is a right, then an individual or groups of individuals can be held morally and legally accountable for its violation. If the responsibility for the violation of the supposed right cannot be laid squarely upon the shoulders of a particular individual, or group of individuals, whether known or unknown, the concept in question is not a right.
There are divisions of rights; natural rights, and civil rights. All civil rights are extensions of natural rights. The existence of civil rights is brought about by the existence of organized government in any form. If government did not exist, there would be only natural rights.
The first of all rights is the right to life. This can be expressed as follows: a person's life, and the fruits of their labor, are theirs to do with as they please.
The Declaration of Independence states: We hold these Truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the Pursuit of Happiness-
One should love that phrase, "pursuit of happiness". It shows how thoroughly well-thought out the document is. The founders were well aware of the fact that no earthly entity can guarantee the happiness of any individual except that individual himself.
What is somewhat disturbing, however, is the fact that in the Bill of Rights to the Constitution of the United States of America, there is no mention of a right to life, a right to liberty, or a right to pursue happiness.
There is a reason for this: full recognition of these rights by any government automatically limits the powers of the government to such an extent that the government has no practical need to exist. As forward thinking as the founders were, the idea of individual rights being shared equally by all humans was still too new and too radical a concept for them to fully embrace all the ramifications. The right to life, for example, if fully recognized, precludes the possibility of ever placing any form of tax upon anyone unless such tax is completely voluntary, and carries no penalty whatsoever for opting to not voluntarily contribute. This in itself assures that government will at most be very weak, and at least be non-existent, due to a lack of funds for any activities.
A few examples of spurious claims of rights
Right to safety. It does not exist for any living entity. We live on a chunk of rock hurtling through space at tremendous speed. This space is occupied by other heavenly bodies hurtling around at tremendous speeds. Sometimes they collide, and destruction is the result. Even our own planet generates hurricanes, tornadoes, floods, fires, volcanoes, and earthquakes. Looking back over human history, natural disasters have claimed more lives than all the wars and crimes ever committed.
If there were a "right to safety," then anyone who is injured by such events has a legal claim against the entity which violated their rights. How does one sue, or arrest and try, the earth, the weather, an asteroid? Does one sue God?
One has a right to seek whatever security they feel is appropriate for their particular situation. This right is limited by the rights of another to do the same. This concept has been expressed as, "Your rights end where my nose begins." In terms of gun control, just because one person doesn't feel that a firearm is a good choice for personal security and chooses not to own one, that person doesn't have the right to keep his neighbor from owning one if that neighbor feels that it is a good choice for personal security.
Right to health care. Such a right can only exist if one pre-assumes a right to good health. If a right to good health does exist, then one's right to health has been violated if one is born with diabetes, or any other physical or mental defect. If such a right does exist, again, who bears the responsibility for violating that right? Does one sue one's parents because one is born with Down's syndrome? If no one can be held legally accountable for a violation of rights, it is because there is no right to be violated. (See the seventh measure of a right.)
Right to not be afraid. Again, no such right exists. Fear is an emotion which is part of every human's survival equipment. If one has a normally functioning brain, one will feel fear when a situation arises which could cause harm. Fear generates an actual biophysical response. The body manufactures adrenaline and endorphins. The adrenaline gives extra strength to the muscles so that if the individual decides to fight or to flee, he can do so more effectively. The endorphins help suppress pain so that the individual can continue to fight or flee in case of injury.
Fear is not necessarily a pleasant emotion, although under controlled circumstances, many people may seek it. (Examples: skydivers, roller coaster riders, bungee jumpers, etc.) Fear is a necessary part of the survival equipment any creature needs to live in a world where there is natural danger present at all times. Like it or not, this is the world we live in, and nothing will ever change it. Danger will always lurk in some form or another. As long as humans are capable of being physically harmed in any way, fear will be a necessary ingredient for their survival.
