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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.
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