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by sudosysgen
748 days ago
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Nothing I am saying is at odds with modern ethics. I am literally presenting what is basically hetheredoxy. Rights can be natural or artifical (social, legal, etc...). For rights to be natural, you need to appeal to a God, or to natural morality. If you are looking for rights that aren't necessarily natural, you can derive them from a moral theory. There are moral theories that are not derived from an appeal to divinity or metaphysics, but they cannot claim to be naturally and objectively true. So I still do not understand how we aren't saying the same thing. Rawls proposes a system of universal rights based on a particular moral theory, he does not prove that his system of rights is natural, it is artificial. In fact, Rawls is not a proponent of natural rights, he is a proponent of socially determined rights, hence his theory of the Veil that allows us to socially evaluate proposed rules. |
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I would argue that this definition is very narrow and limiting, it introduce weird dependency on our current scientific knowledge, and isn't very useful. For instance, when Hobbes proposed the social contract theory he was discussing natural rights but today we know that his natural science knowledge was incorrect and therefore he was actually describing artificial rights. To me this makes no sense. Instead, I will propose, that rights that are derived by reason, that are universal, and that do not depend on a specific state law or the social norms of a specific society are natural rights. They are natural in the sense that they are not dependent on any state or law but are inherent. Those rights are not granted by god, and they are not artificial law propositions. They are based on universal principals of reason and the reality of human existence.
This view and this definition of natural rights is not my invention. It's reflected in the language of the universal declaration of human rights - which recognizes a set of universal rights. The declaration isn't a legal document that legislate a binding law. It recognize rights that are not (let's hope, are not yet) generally accepted by all nations. Nevertheless those rights are not based on God or born by the act of composing and publishing the declaration, those are natural rights. They are natural despite being in opposition to humans natural behavior, despite their consistent violation. It is because those rights are natural that they can serve as basis and justification for international law and justice.
Rawls theory of rights is universal, it isn't about specific social norms, it discuss human society in principle. One might say that his ethics are based on theory of the human nature.