[quote]Facepalm_Death wrote:
[quote]pat wrote:
[quote]Facepalm_Death wrote:
[quote]kamui wrote:
That’s pretty close :
Si les droits n’existaient pas, il faudrait les inventer.
But indeed, the fact is that we can’t invent them arbitrarily.
So, even if there is no “natural right”, the “invention of right” still has some structural rules.
This is enough to disprove a strictly positivist position.
And it makes the idea of “natural rights” pretty close to the truth in practice, if not exactly/technically/epistemologically true,[/quote]
In practice, without any external force guiding them, people would believe their rights are infinite, they are “allowed” (they would never think of using this term) to do whatever they want, nothing would ever restrict their actions except what is physically impossible.
Then as people interact and form cooperative relationships, conflicts arise. Person A takes an apple from person B. Person B feels “wronged” but doesn’t know what it means, but he still acts on it. Person B takes the apple back from Person A and Person A feels wronged. Now both people feel “wronged” but both have done the same wrong thing. At this point they may come to an agreement : don’t take my apple and i won’t take yours, or they might even form the general rule :no one can take anothers apples etc. realistically this situation would escalate in a revenge cycle until both people are trying to kill each other, and this would repeat over and over until people collectivly agreed not to steal
But the point is, everything seems to be a natural right at first, the only thing that is ever contructed is a restriction of rights[/quote]
I think if you start layering ‘wrongs’ I think you start to confuse the issue. It’s not that it’s not a proper ethical inquiry in itself. What we don’t want to confuse is what a natural right, being argued for and against is.
In this case it’s the right of a person to not be willfully wronged by another person. Does this right exist? [/quote]
I have quoted “wrong” because I have actually taken a step back from the dicotomy in this thought experiment.
I will think of a better way to explain all this. Until then consider this: Do animals wait for permission (a declaration of “rights”) to do what they must to survive? No. They just act.
Humans do the same thing. However, we can use higher logic, and we can recognize others as being just like us. When we come into conflict with each other, even without ANY existing social structure, it is possible for us to recognize a deadlock because of this. A is physically capable of Taking from B and vice versa. They could take the same thing from each other back and forth forever, but eventually reach an agreement: I will not take what is in your hand if you do not take what is in mine. It requires no reference to “rights” or a “social contract” for both parties to see the value in it.
What I’m saying is “rights” if they exist, can only ever be defined negatively, by placing a restriction on what others can do. The “rights” we have are nothing more than leftovers after restrictions have been placed.
[/quote]
I agree mostly. I don’t know that they can only be described negatively it certainly easier to do so. The ‘do no harm’ contingent of natural rights is the easiest way to talk about it.