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I can't agree with what you are saying, John. I
think the argument you are making boils down to
saying that people have wants or needs and they
should have rights to what they want or need.
That's too open ended for me. I think you could
justify a right to almost anything with that
logic.
The most intuitive argument I know of for
establishing a system of strong individual
rights is the argument from what some
philosophers call "self-ownership." I'm not
going to stress this because I'm going to offer
a more formal argument. But I want you all to
think about it. Doesn't each of us own himself
or herself? Doesn't that mean that no one else
has the right to use us, control us, or exploit
us for their own ends? I think it does. And
that, to me, means that we have freedoms or
rights that others must respect. Give it some
thought and maybe you will agree with me.
But I'm going to propose a more formal
justification for individuals rights. I want to
refer all of you to the work of Alan Gewirth,
formerly at the University of Chicago, and his
student Roger Pilon, currently at the Cato
Institute. Gewirth has constructed a reason
based system of individual rights and Pilon has
developed a libertarian interpretation of
Gewirth's system.
Gewirth has argued extensively that an
individual agent must, under pain of
contradiction, insist that he or she and all
others have fundamental rights to freedom and
well-being. Without going into detail, I want to
give you the shortest possible summary of
Gewirth's argument in his own words:
First, every agent holds that the
purposes for which he acts are good on
whatever criterion (not necessarily a
moral one) enters into his purposes.
Second, every actual or prospective agent
logically must therefore hold or accept
that freedom and well-being are necessary
goods for him because they are the
necessary conditions of his acting for any
of his purposes; hence, he holds that he must
have them. Third, he logically must
therefore hold or accept that he has
rights to freedom and well-being; for, if
he were to deny this, he would have to
accept that other persons may remove or
interfere with his freedom and well-being,
so that he may not have them; but
this would contradict his belief that he must
have them. Fourth, the sufficient reason
on the basis of which each agent must
claim these rights is that he is a
prospective purposive agent, so that he
logically must accept the conclusion that
all prospective purposive agents, equally
and as such, have rights to freedom and
well-being. [Alan Gewirth, Human
Rights, p. 20.]
Gewirth's argument is complex. This passage is
only a summary. You can look at his book Reason
and Morality for the full treatment. My
point here is that this sort of argument bases
individual rights on reason, not sentiment. The
foundations are solid; and as developed by Pilon
they are limited in their implications. They do
not allow us to create an endless string of
rights to everything we need or would like to
have. They also give us a basis for limited
government instead of the government of the
regulatory/welfare state.
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