| > For example, I don't think my freedom of speech should trump Cloudflare's or Voxility's right to freedom of association. Right, but those only produce a conflict in a very specific case and your right to free speech should be defended by your government/peers regardless of where you do the caching for your blog (or whatever). I have a huge issue with this modern relativist approach, because it leads to the situation where - instead of acknowledging that there are in fact absolute rights - we constantly debate where _the line_ is. I think the boldest example of why this is bad is the right to live. In my view, this is an absolute right. "But what if it's a mass murderer?" - "But what if they are terminally ill and are suffering?" - "But what if they are so heavily handicapped that... ?" Adding _ifs_ and _buts_ to a right that should be absolute leads down a very dark path, because _the line_ will be a constant subject of discussion. I think we would do ourselves a favor to just outright declare some rights to be absolute (as we did before and seem to have forgotten). |
Let's go with the "right to live". Consider questions such as:
- Who has that right? You, or your body? If you don't want to live, should you be forced to? What if you're suffering so badly it's debilitating, and this state won't improve until you eventually die? Is living in a state of endless torture better than not living?
- How do you trade lives for lives? Imagine you have a crazy shooter killing people left and right. There's no fast way to get to them except a drone strike, and each minute you hesitate, they kill another person. Do you pull the trigger and save innocent victims, or do you wait for the armoured police to arrive and safely incapacitate the shooter, honoring their right to live at the expense of many other people? What if it's you facing the shooter alone, and they intend to kill you? Will you shoot first, or give your life for their right to live?
- What if probabilities get involved? The shooter is cornered, and a police sniper has his head in their sights. You can either take the shooter down now, or have a team of officers incapacitate them. The latter has a X% of chance ending in a police officer dying. At X=100%, you're trading life for life. At what X do you decide to have the sniper take the shot? What if there's a risk of more than one police deaths involved? At what threshold in the probability density function is it worth to take that risk?
- What if money gets involved? The most complicated variant, an extension of trading lives with probabilities. You have me sitting in front of a button, pressing which will immediately wreck the economy of a small country. You can't get to me, but see my head through the scope of your sniper rifle. I'm about to press that button. Will you pull the trigger? And before you say, "obviously no!", keep in mind that wrecking the economy of a country is bound to result in many, many deaths.
"Absolute rights" are good as heuristics. But like all heuristics, they hit corner cases. These corner cases need to be thought about explicitly.