1.Definition of the term “right”
a. according to the Merriam-Webster Collegiate Dictionary: “something
to which one has a just claim: as a : the power or privilege to which
one is justly entitled b (1) : the interest that one has in a piece of
property -- often used in plural (2) plural : the property interest
possessed under law or custom and agreement in an intangible thing
especially of a literary and artistic nature 3 : something that one
may properly claim as due” from http://www.yourdictionary.com/
b. According to the Internet Encyclopedia of Philosophy “a right is a
special advantage that someone gains because of his or her particular
status. The "special advantage" might include gaining a liberty, a
power, an entitlement, or an immunity. The "particular status" might
include one's status as a human being, a woman, a minority, an animal,
a child, or a citizen of some country. This general notion of "right"
applies in both legal and moral contexts. For example, in the legal
context, if I have the status of being a citizen of the United States,
then I am entitled to the legal rights of any citizen under U.S. law.
In the moral context, if I simply have the status of being human, then
I am entitled to human rights that apply to all humans”
http://www.utm.edu/research/iep/r/rights.htm
2. Rights as elaborated by Locke:
Locke “rejected the "Divine Right," which many kings and queens used
to justify their right to rule. Instead, he argued that governments
should only operate with the consent of the people they are
governing.” “Governments were formed, according to Locke, to protect
the right to life, the right to freedom, and the right to property.”
He saw these rights as being absolute, ie as belonging to everyone.
It is encouraging to note that “Locke felt that women had the ability
to reason, which entitled them to an equal voice - an unpopular idea
during this time in history.”
From a page which gives further information about Locke’s life and
theories: http://www.rjgeib.com/thoughts/constitution/locke-bio.html
Locke put forward his views in his “Second Treatise of Government
(1690)”. He argued that the natural state was one in which God had
created everyone in a state of freedom and equality with everyone
else. Therefore, no one can rule over anyone else without their
consent.
“The state of nature has a law of nature to govern it, which obliges
everyone: and reason, which is that law, teaches all mankind, who will
but consult it, that being all equal and independent, no one ought to
harm another in his life, health, liberty, or possessions” [Locke in
the Second Treatise of Government, 2:6]
Locke was of the opinion that a state of war arose when these natural
rights were violated. Because the violator was going against the
natural order, he deserved to be punished and perhaps even killed.
The “government is authorized to judge us and to defend our natural
rights. However, these governments may be dissolved if they violate
laws and threaten the life, liberty and property of the individual.
Locke devotes particular attention to our right to possessions. We
acquire property by mixing our labor with something that is held in
common.”
From http://www.utm.edu/research/iep/r/rights.htm
Why do we have rights, from the viewpoint of Locke: Locke believed in
natural rights. According to the Internet Encyclopedia of Philosophy
(http://www.utm.edu/research/iep/r/rights.htm), this was a notion that
arose in the 17th and 18th centuries as part of the theories of
natural law that were being put forward. “Hugo Grotius (1583-1645)
expressed the notion of rights with the Latin term ius, a term that he
also used to mean "law,"” Thomas Hobbes introduced the word “right”
into the English language when he translated the Latin phrase “ius
naturale” (natural law) as “right of nature”:
“The right of nature, which writers commonly call ius naturale, is the
liberty each man has to use his own power as he will himself, for the
preservation of his own nature, that is to say, of his own life, and
consequently of doing anything which, in his own judgment and reason,
he shall conceive to be the aptest means thereunto.” [Hobbes in
Leviathan, Ch. 14]
Locke based his ideas on these theories. Therefore, for Locke, we
have rights because that is the natural law as established by God at
creation, and all people have equal rights. Note how this differs
from the definition in 1b, which says we have rights based on our
“particular status” which gives us a “special advantage”.
3. What rights do we have? The answer to this question will depend
very much from which philosophical, political, and perhaps even
theological viewpoint you are arguing the case. The consensual answer
for today theoretically lies in the Universal Declaration of Human
Rights, which can be found on the web site of the United Nations at
http://www.un.org/Overview/rights.html
The Declaration speaks of the “inherent dignity and of the equal and
inalienable rights of all members of the human family” The rights
are listed as:
“the right to life, liberty and security of person.”
“the right to recognition everywhere as a person before the law”
the right to be protected against interference with “privacy, family,
home or correspondence” and against attacks on “attacks upon honour
and reputation”
“the right to freedom of movement and residence within the borders of
each state”
“the right to leave any country, including his own, and to return to
his country.”
“the right to seek and to enjoy in other countries asylum from
persecution”
“the right to a nationality”
“right to marry and to found a family” (plus certain rights within
marriage)
“the right to own property alone as well as in association with
others”
“the right to freedom of thought, conscience and religion”
“the right to freedom of peaceful assembly and association”
“the right to take part in the government of his country, directly or
through freely chosen representatives.”
“the right of equal access to public service in his country”
“The will of the people shall be the basis of the authority of
government; this will shall be expressed in periodic and genuine
elections which shall be by universal and equal suffrage and shall be
held by secret vote or by equivalent free voting procedures.”
“the right to social security”
“the right to work, to free choice of employment, to just and
favourable conditions of work and to protection against unemployment.”
“the right to equal pay for equal work.”
“the right to just and favourable remuneration”
“the right to form and to join trade unions”
“the right to rest and leisure”
“the right to education” (“Parents have a prior right to choose the
kind of education that shall be given to their children”)
4.. What steps we should take to ensure these rights.
The first step is also enshrined in the Declaration of Human Rights:
“Everyone has duties to the community in which alone the free and full
development of his personality is possible.” Someone who does not
recognise that he has duties to society and who does not carry out
these duties, cannot assume that society will recognise his rights.
Beyond this, again the decision as to what steps are permissible to
defend one’s rights will depend on political, philosophical and
religious beliefs. Some believe it is justifiable to take up arms,
and if necessary kill, to defend these basic rights. They differ in
whether they think this can only be done as an act condoned by the
state or church, or whether each individual can make that decision for
himself.
Pacifists are unable to accept this rationale under any circumstances. |
