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Natural Rights Don't Exist (So it's good we invented them) Natural Rights Don't Exist (So it's good we invented them)

05-31-2019 , 12:40 PM
Which one should I start with?
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05-31-2019 , 01:08 PM
I say either (and maybe only read 1). I am a fan of Myth of Rights but Politics of Rights is credited with at least popularizing the term "Myth of Rights" if not inventing it so I think most of my poli sci professors would have said just read Politics of Rights first.

Last edited by grizy; 05-31-2019 at 01:16 PM.
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05-31-2019 , 01:13 PM
OK. I bought the Myth of Rights because it's newer :P
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05-31-2019 , 01:30 PM
Just tangentially related.

https://www.ted.com/talks/niall_ferg..._of_prosperity

Speaker asserts property rights (and rule of law that enables property rights) as one of the "Killer Apps" that made Western societies so successful.
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05-31-2019 , 04:15 PM
Quote:
Originally Posted by Money2Burn
What makes the rules created by the haves any more valid than the rules created by the have-nots?
The haves have the ability to enforce theirs.
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06-11-2019 , 10:56 AM
Quote:
Originally Posted by grizy
I recommend

Myth of Rights https://www.amazon.com/Myth-Rights-P.../dp/0195377788

and

Politics of Rights https://www.amazon.com/Politics-Righ.../dp/0472030051

to anyone interested in a discussion on the nature of rights.
I did get The Myth of Rights. I haven't quite gotten to it yet, but I noticed from the first chapter that it might be going a slightly different (but interesting) route than I was.

That is, the point I was interested in is that rights are legal fictions rather than being metaphysically grounded in some absolute way. The author of this book writes

Quote:
This particular view of rights, as personal, legally binding, inalienable, and written into our founding document, has been and continues to be an essential component of the American experience of self-government. Indeed, arguably our self-definition as a People with constitutional rights is what marks us as different from the rest of the world, what makes the United States special and unique. Nonetheless, it is the thesis of this book that whatever they may believe, American citizens have no constitutional rights as that word is generally understood, and indeed, that the very notion of constitutional rights is a myth.
So it seems like this book is more about challenging popular notions about the legal definition of rights. Which sounds good because I'm definitely under the impression that individual rights do exist, so I'm curious to hear the argument.
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06-14-2019 , 08:09 AM
Quote:
Originally Posted by well named
This is an important point, and I think you're right that I glossed over it too much. Lapidator's point about the political (vs. philosophical) aims of the writers of the declaration seems to be along the same line.

But I guess what I'm vaguely interested in (and my thoughts are half baked so this thread is too) is processes of social legitimation. So the appeal to "natural" rights endowed by a creator is interesting because it's a way of legitimizing that legal enterprise.



I think that's very nearly true in the west, but I think what is interesting is the extent to which the nearly unanimous assent to that proposition depends on religious (or quasi-religious) modes of justification. I don't mean "religious" to be pejorative here. I would unironically describe my belief in universal human rights (or a universal idea of human dignity and value) as a "sacred belief", as something more or less religious. I'm sure that the weight this belief has for me is founded in religious faith, although I no longer intellectually hold to the same faith that I would have used a decade ago to explain that belief.

Very roughly, what I find intriguing is the way that collective action (e.g. politics) depends on collective representations and beliefs, and how the most clearly effective/persistent means of forming and preserving those collective representations are essentially religious, in the sense that it's not just the rational justification for a belief that ensures its survival, but the symbolic and emotional weight that gets attached to it, that sense of sacredness.

Perhaps what I'm trying to work towards is some sense of "civic religion" as a way of communicating those values?
I understand the use of the term "religion". Our "western" belief in human rights does really have aspects of faith. We can get into a lot of cultural confusion when we assume these cultural norms and attitudes are universal.

And yes, symbols and artifacts are extremely powerful persuaders. Take something as simple as teaching. I could harp on for three hours about the importance of diligence and honesty in research or I could take two minutes and appeal to the ideal of the brilliant scientist and a story about Feynman, and I could almost guarantee you that the effect would be better.

The dangers of using symbols and artifacts is of course that they don't require reasoning and as such are far more immune to skepticism. We could build a "civic religion", but it would be far more weak to be exploited by a demagogue. Think of populist politicians who just inject flags, historical persons or words like "freedom" or "equality" into statements. And in the worst case scenario a leader might be able to equate himself to the symbol, so disagreement with the leader becomes treasonous in itself.
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06-21-2019 , 09:36 AM
My natural rights exist regardless if anyone else recognizes them. If you try taking them away you better bring your A-game.
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06-21-2019 , 09:54 AM
I will just bring my gun and leave my conscience at home.
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06-21-2019 , 09:35 PM
Quote:
Originally Posted by grizy
I will just bring my gun and leave my conscience at home.
Oh that'd do it. Lol.
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