Ariadne's Thread on Property
Replies
Next speaker on
                          the main path
Ayesha

(main path)

Alternate speaker
John









On Property

(Click here to continue on the main path)

 John Speaking

Current speaker I'm not a utilitarian either. I agree with Ann that human welfare is important, but I worry about the kinds of problems that Ayesha mentioned. For example, Rawls's point, that utilitarianism does not take seriously the distinction between persons, seems fatal to me.

But let me go back to what I was saying before. I do not think that we discover that people have rights. I think that we ascribe rights to people by making a moral decision, and so the big question is whether there are good reasons to do so. One philosopher, Gregory Vlastos, argued years ago that people have natural rights (i.e., rights that do not depend on government) because they have equal intrinsic worth or value. Here's a quote from Vlastos:

[W]e recognize something which is highly and equally valuable in all persons, but has nothing to do with their merit, and constitutes the ground of their equal rights....In all cases where human beings are capable of enjoying the same goods, we feel that the intrinsic value of their enjoyment is the same. In just this sense we hold that (1)  one man's well-being is as valuable as any other's. And there is a parallel difference in our feeling for freedom....For us (2) one man's freedom is as valuable as any other's. [Gregory Vlastos, Justice and Equality" in Social Justice, ed. by Richard Brandt, p. 50-51.]

This equal intrinsic value (which is to be distinguished from merit based on performance) is the reason for ascribing equal basic rights. Another way to put it is to go back to Ronald Dworkin's idea that people deserve equal concern and respect. Perhaps we could say that because people have the same intrinsic value (or because we ascribe the same intrinsic value to them) they have a right to equal concern and respect from their government.

If you were to ask me why we should attribute this equal intrinsic value to people, I would agree with what Vlastos said; but I would add what I said before -- that people are highly unusual, perhaps unique, in that they can construct ideals and make choices concerning how to live. Based on those ideals and choices they can plan and carry out projects that range anywhere from having a family to writing Hamlet. Because we value that uniqueness and those projects, we ascribe to them intrinsic value and the protection afforded by moral and legal rights.



Ariadne's Home Contact Ariadne at: Property Home
Property Bibliography Property Contents