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by foobarbazqux 4679 days ago
But legal rights are synonymous with might-makes-right. A natural or human right is something we would like to have but cannot guarantee until it is made into law. I am just asking whether laws about intellectual property correlate to natural rights in the same way that laws about physical property do, since the original claim was that they are 100% fabricated.
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Whether they're synonymous is entirely a matter of your world view with respect to the origin of the state's monopoly on the legitimate use of force, which is the defining feature of a state. Do individuals delegate their right to the use of force to the state, in the process giving them a monopoly on it? Or do states impose said monopoly on the individual, in effect overriding their natural rights? To avoid committing a fallacy here: or is there a third option?
The fallacy is that the choice is presented as either/or instead of both/and. Some of my natural rights are embodied in law, some of them aren't, that's how it goes.