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Here's another argument.
One way to argue for
including strong individual rights in our
system of morals is to first construct a
social ideal and then argue that establishing
certain individual rights is a means (perhaps
a necessary means) to that ideal. This
approach acknowledges that rights are our
creation; but it gives us a reason for
establishing a system of rights.
Legal philosopher Ronald
Dworkin has suggested that equal concern and
respect for each individual is the most
fundamental political value. I agree with that
position. The question is how to interpret the
phrase 'equal concern.' A utilitarian might
say that equal concern means that the
happiness or welfare of each individual is
equally important. Each is to count as one and
no one for more than one, as Bentham used to
say. A libertarian might say that equal
concern means that each individual should have
equal guaranteed liberty. A Catholic might say
that equal concern means that the eternal
salvation of each individual has equal (and
infinite) value. For me, equal concern means
that every individual should be guaranteed the
basic resources and liberties required to
develop his or her capabilities.
If our ideal society
includes everyone realizing their capacities
(within moral limits) and being protected from
harm, then a set of individual rights is a
means to that ideal. Those rights would
include the right to believe as they wish, to
construct and pursue their ideals, and not to
be harmed. In addition, I would argue that the
right to the basic resources that allow a hard
working person to realize his or her
capacities should also be included. In other
words, I would argue for limited positive
rights as a means to establishing my ideal
society. I know that Dee will reject that
view.
Of course, all of this turns
on accepting a certain social ideal, and I
would agree that it is impossible to prove
that everyone should accept that an ideal.
Nevertheless, a description of that ideal
might prove quite attractive.
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