| Here's the thing; I'm operating in the framework I was responding to, where rights come from the state and must be exercised to be real. If all rights come from society and I have no rights outside those society grants, and I am able to take an action not explicitly outlined as one I have the right to take by my society, and society does not punish me for doing this in any way - how do I not have the right to do it in the first place? I believe that government is granted powers by the people. I do not believe that people are granted powers by the government. That's the fundamental difference. People can live without the government, the government cannot live without the people. That means that if the government is acting against the interests of the people, the people have the right to reform the government. If power comes from the government instead, the people have no right of reform save that granted by the government. This means that if the government doesn't want to be reformed, the people have no justification for reforming it. As to your right to light things on fire, being killed by others etc - you have the right to kill other people, especially when they are trying to kill you. You may be killed in response, that can happen. That's the incentive for making a society, so people don't kill or rob you. You make a government and grant it your proxy to act in your stead - so you don't get to kill people anymore, but society will do it for you. |
The social contract theory is a just-so story. It's not real. Governments exist because they are a tool for concentrating power and out-compete other social groupings in terms of economic strength and capacity for violence. But good governments want to incentive happy, productive citizens, so they use pre-existing language, or invent new language, to discuss how to achieve that. "Rights" are an example of this.
Governments don't exist from the consent of the governed, but rather from the lack of force sufficiently strong to dissolve them. Just because I don't have this force doesn't mean I have consented to being governed.