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by Kbelicius 749 days ago
> But the most compelling argument for "natural rights" is observing how well societies work that enforce them, and how well they work when other systems of rights are tried. The evidence is pretty clear.

We did not evolve with private property rights thus, by your reasoning, those are not "natural rights". I am at a loss in trying to understand what you are saying. It seem like you are trying to argue for capitalism but arguments that you give seem to favor socialism.

2 comments

Natural and legal rights are well established terms that are being used, discussed and evaluated since ancient times. The term natural right precede our discovery of evolution by 2 millennia. Whether the right to property is natural right or not is a separate point and debatable.

https://en.wikipedia.org/wiki/Natural_rights_and_legal_right... https://en.wikipedia.org/wiki/Right_to_property

The term natural right since ancient times was a religious construct that has little or nothing to do with the modern, post-Renaissance understanding of the term, so tracing a lineage here is a definitional error. In any case, what a natural right is isn't (and cannot be) a well established term, and indeed the rise in atheism is a fundamental threat to the doctrine, as most all ideas of natural law have to rely on a God to avoid the naturalistic fallacy.
God is of very little help (here), as pointed by Plato/Socrates in the Uthyphro dilemma. The naturalistic fallacy is not limited to natural rights, as Hume's is-ought is applicable to legal rights just the same - you can't logically deduce from the fact that there are laws that mandate rights a conclusion that one ought to abide by them.

Natural or universal rights does not require theism. Robert Nozick is famous proponent of the secular based position that property is a natural right.

Natural rights do really require theism to be truly natural, ie, independent of morality and society. Theism avoids the is-ought problem by forgoing the ought, with theism natural law can simply be, and whether you decide you ought to abide them is no longer so important.

Nozick's position on the existence natural rights is simply not grounded. He appeals to intuition and to the reader's morality to appeal for their existence, but he doesn't (and cannot) actually deduce their existence once he forgoes theism. He makes a few appeals to Kant, but they obviously cannot be sufficient, Kant's conditions are merely necessary. I'm very confused by your reference to Nozick on a discussion about the grounding of natural rights when Nozick himself admits that he cannot justify them - he simply assumes Locke, which himself uses a theistic argument, in ASU. If you want, I can get the quote, but I don't have time to skim it until I'm home from work.

At the end of the day, secular natural rights is an intuitive and appealing but ungrounded position that cannot be logically justified, hence why it is threatened by theism. It is no wonder that positive rights and social right theory only really emerged after the Renaissance.

> Natural rights do really require theism to be truly natural, ie, independent of morality and society. Theism avoids the is-ought problem by forgoing the ought, with theism natural law can simply be, and whether you decide you ought to abide them is no longer so important.

Hume's original text describing the is-ought problem is specifically targeting justification of ethics on god. Laws that no one is ought to abide by are no laws but nonsense.

Is murder immoral because god hate murder, or do god hate murder because it is immoral?

> At the end of the day, secular natural rights is an intuitive and appealing but ungrounded position that cannot be logically justified

Many will argue that no moral theory can be logically justified, and that the search for logical justification is category error

> Hume's original text describing the is-ought problem is specifically targeting justification of ethics on god. Laws that no one is ought to abide by are no laws but nonsense.

> Is murder immoral because god hate murder, or do god hate murder because it is immoral?

We agree here, but that isn't how religion solves the problem. Religious laws are also enforced by threats in the afterlife and violence in the present life, not merely by reason, so they do not need to solve the is-ought problem like secular laws do. Of course, religious law has other problems.

> Many will argue that no moral theory can be logically justified, and that the search for logical justification is category error

I agree completely, hence why it is impossible to derive rights that are logically justified without an appeal to God. The comment I was replying to claimed there were logically justified rights which have to follow from logically justified moral theories unless they are decreed from beyond reason, and since the latter is a category error, so is the former.

> We did not evolve with private property rights

Yeah, we did. The concept of "mine" appears very early in children.

Attempts to raise children from birth as good communists have never worked. Nobody has ever managed to indoctrinate people into communal behavior. Even the die hard communists in the USSR still participated in the black market - this was tolerated because even the elites used it.

It turns out that human nature is not very malleable.

> Yeah, we did.

No we did not.

> The concept of "mine" appears very early in children.

The concept of "mine" also exists in socialism. How have you come to the conclusion that when a child says "mine" that it is referring to the capitalist notion of private property?

> Nobody has ever managed to indoctrinate people into communal behavior.

Are you denying the existence of families now? Humans evolved and spread in small familial groups which practiced communal behavior.

> Even the die hard communists in the USSR still participated in the black market - this was tolerated because even the elites used it.

What point are you trying to make whit this?

> It turns out that human nature is not very malleable.

If it wasn't malleable we wouldn't have capitalism as evidenced by early human history. While you at it why don't you tell us what human nature is, because there doesn't seem to be any consensus on it and you seem so confident in using it that you must have a ready definition of it.

> The concept of "mine" also exists in socialism.

Nope, even your shoes officially belong to the collective. I was told this by a former subject of the USSR.

> family

As I mentioned elsewhere in this thread, children are not fully formed humans, and have only a subset of adult rights. Families have evolved to deal with this issue. Extending the family to society does not work.

> why don't you tell us what human nature is

Two excellent books on the topic:

"The Red Queen: Sex and the Evolution of Human Nature" by Matt Ridley https://www.amazon.com/Red-Queen-Evolution-Human-Nature/dp/0...

"Noble Savages" by Napoleon Chagnon https://www.amazon.com/Noble-Savages-Dangerous-Yanomamo-Anth...

I can sum it up with human nature is our evolved behavior, rather than learned behavior.