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First of all, we have to realize that not every
kind of being can have rights. It simply doesn't
make sense to talk about the rights of a rock.
Some philosophers believe that only beings that
have interests can have rights. Others
believe that beings that can make choices
can have rights. People certainly qualify. On
the one hand, people can experience pleasure and
joy. They can develop goals and ideals and plan
their lives around those goals and ideals. They
can develop projects -- everything from having a
family to writing a novel. They have enormous
capacities that can be developed. On the other
hand, the interests of different people often
conflict. Partly as a result of those conflicts,
people's interests can be threatened. People can
be murdered, maimed, tortured, enslaved, and
harmed in a thousand ways.
One way to think of moral and legal rights is
as a device that can protect people from harm or
provide them with needed resources. If we are
looking for a good reason to ascribe rights
to people, I think that is as good as it gets.
So while it may be that there is no proof that
people have or should have moral and legal
rights, it seems to me that what I just said
provides a good reason for creating a system of
rights and ascribing rights to all.
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