Here's a post I started writing about... two years ago I think? Maybe three? In response to a question about what rights were, and how we know they are rights etc... but I never finished it. The same question came up today, so I figured I'd finish the post.
... It's still not QUITE finished... I need to do a bit more of an edit... but it's MOSTLY finished.
By the by... if you think something is circular, or a tautology, you're reading it wrong. There are no tautologies here, there are only derivations from first principle, with reference to falsifiability, and non-contradiction; presented as logical and consequential proofs.
Meaning that all derivations FROM first principles in the progression can be derived back TO first principles, without contradiction or falsification... and that many but not all of them have, in order to illustrate this.
As sentient beings, of sound mind, able to make our own choices and direct our own efforts; and to accept the requirements, obligations and consequences thereof; we have fundamental and inherent rights, which pre-exist and presuppose any society, state, collective, or other entity.
Rights exist because of self ownership, not because of society, or the state, or collective agreement or consent.We own ourselves, in the entire... rights, benefits, obligations and consequences.
We are not the property of others, or of society; and society (or the state, or any other collective or individual) is not the grantor of rights... though if legitimate, society, or the state, should be a guarantor of rights.
This is generally colloquially referred to as the propertarian principle of individual rights, or the principal of self ownership.
To my knowledge, it is the only logical derivation and progression of individual rights, as and from fundamental first principle, which does not require outside appeal to authority (i.e. faith, God, society, the state, the monarch etc... though conveniently, it also does not contradict most concepts of faith in God either)... though there may be others I am not familiar with.
This is a nearly universally recognized (if not necessarily universally accepted) principle, by those who actually study such principles (philosophy and philosophers), and the nature of principles, knowledge, and truth (epistemology... a field of philosophy which asks "how does one know anything at all, and within such knowledge, how does one know what is true and what is not).
It is generally accepted as the foundational first principle of the enlightenment... and critically it IS, clearly and explicity, the fundamental principle of the constitution of the United States... and of the nation defined by it.
Rights are not granted or provided by the constitution, or the state, or society... our rights are fundamental, inherent, and pre-existing... they are recognized, and protected by the constitution, by the state organized and formed by it, and... hopefully... by the society living with that state.
First, to get it out of the way right up front... lets talk about God for a minute:
- Some believe there is no such thing as property, nor can there be... only stewardship
- Some believe that we are Gods property
There can be conceptions of rights without property, including without self ownership, or even without individuals, as we think of them... but they are entirely different from conceptions of rights where there can be and is property... Generally granted by "tradition", or "honor" or "god" or "gods" etc... They are not derivable from any logical first principle, but instead require appeal to authority (even if that authority is "honor" or "tradition").
In most Christian and Jewish theological concepts which include people being God's property, this is morally and ethically indistinguishable from self ownership in the context of the propertarian principle; except internally, to your own moral judgement and conscience, of your stewardship of Gods property (as delegated to you, the individual...though certain Christians theorize and promulgate more explicitly collective stewardship as well).
In Islam, you are owned by God, and are in total submission to God... That is the literal meaning of Islam. You are owned by, and submit to the will of, God, in all things, at all times. Anything you or anyone else has, is Gods property, you only have temporary posession, use, and stewardship of it... including yourself. You have no rights, nor does anyone else... only privileges granted by God, as God wills it.
This piece is not about the epistemology of faith however, it is about the epistemology of rights.
So next, lets get the other common concepts of "rights"... which by the individual conception of rights are not truly rights at all... out of the way.
Some believe that there are superior beings, who have rights inherently (or granted by God, or society, or position etc..); and inferior beings, who do not, or whose rights are inferior to others (unless granted superior rights by those who posess them), and who can be the property of another, or can be subject to another. This is the fundamental principle of nobility or monarchy, and of certain types of oligarchy, and other explicitly hierarchical societies.
Some believe that people... or at least our bodies, and the fruits and products of them, and their efforts (wealth, profit, property etc...) are the property of "society" or some other collective entity or construct. If you believe that individuals are societies property... then you don't believe in rights at all... though you may call them rights, they are not: They are grants of privilege, immunity, entitlement, license, or franchise. They can be given, taken, and modified, as society decides. This is the fundamental principal of most collectivist societies.
It is also the fundamental presumption most people seem to have, in most societies around the world today... including, sadly, most people in America. They THINK they believe in rights, and in individuals... but they believe that rights are grants of society, or the state, or the constitution; and can be granted, modified, or revoked, as the needs or preferences of society require them to be.
They THINK they believe they are individuals, and own themselves... but they believe that society decides on rights... and if society decides, then you don't actually own yourself, society owns you.
What about right and wrong?
In either of these alternate conceptions; as the superior individuals, or society as a whole, are the arbiter of rights, then there can be no standard of right or wrong, except as determined by those superior individuals, or by common consent; and when society changes its mind, then what right, and what is wrong, also change.
There are no right and wrong... only allowed or not... Which, sadly, is what all too many believe.
If there ARE individual rights, beginning with property rights, then at least some things are inherently and objectively wrong... with or without society, even if society says they otherwise... Specifically those things which violate the rights of others, by force or fraud.
Oh and, if one knowingly does this wrong, by choice, then one willingly consents to their rights being abrogated as a consequence... We respect each others rights, so that others respect ours, and if they violate ours, we don't have to respect theirs... though we still should, and we shouldn't disregard their rights to any degree greater than required to compensate us for the violation of our rights, or to prevent further violation or abrogation of others rights.
THAT is the ACTUAL social contract by the way...
...Not some BS about society and altruism etc... etc... etc...
A contract, is valid consideration, offered for valid consideration in return; voluntarily accepted, with valid exchange and acceptance of said consideration, according to specified terms.
This equal offer of consideration of rights, fulfills all requirements of a contract; both as individuals, and collectively... as all so called "collective rights" are not... they either do not exist, or they are rights delegated to the collective by others.
... Remember... I said this was a full logical derivation and progression...
Might makes right?
Three other important things to get out of the way...
1. Just because someone, or some society, or some state doesn't know about or recognize or accept such rights, doesn't mean they don't exist
2. Just because someone, or some society, or some state, is violating or abrogating such rights, does not mean they do not exist.
3. Just because someone, or some society, or some state, has the power, or has granted themselves the authority, to violate or abrogate such rights, does not mean they do not exist.
To "think" otherwise, is to make the same logical error, as thinking that because people violate the law, there is no law; the same logical error as thinking that because people do wrong, that there is no right or wrong.
This is the difference between licit, and legitimate authority and force. Licit, is that which is allowed by "authority"... be it society, the state, the monarch etc... Legitimate is that which respects both law, and rights... and the law itself must be licit and legitimate to be right.
Rights cannot be disposessed of, only respected, violated, or abrogated; whether by force, fraud, or willing consent.
... Willing limitation of rights, competition of rights, and intersection of rights in such contexts are MUCH more complicated questions...
Proof?
As I said above... The propertarian principal of individual rights, provides for a logical derivation and progression of rights, from first principle, without external appeal to authority.
So... here is the logical and epistemological progression and proof of individual rights; from, in reference to, and in the context of; the propertarian principle of individual rights, or the principle of self ownership.
First, our assumptions, and statement of principle...
Sentient individuals exist.
Property exists.
Rights exist.
Property may be held privately, by sentient individuals.
Sentient individuals may not legitimately be property of other individuals or entitites.
If we are sentient individuals, not owned by society, or any other superior individual or entity, then we must own ourselves.
Now, we derive our progression of rights...
If we own ourselves, then there must be rights, inherent to our nature as sentient individuals...
These rights begin with, and proceed from, the right of self ownership; because without rights, there is no ownership... only possession.
If there is an inherent right of self ownership, and we are sentient beings, then we must have the right to freedom of conscience.
If we own ourselves, and have freedom of conscience, then we cannot be dispossessed of our rights even by willing consent; as self ownership and freedom of conscience cannot be dispossessed of without negating sentience and individuality.
If we own ourselves, have freedom of conscience and cannot be disposessed of our rights, then our rights can only be abrogated or violated by force, fraud, or willing consent.
If we own ourselves, have freedom of conscience, cannot be disposessed of our rights, and our rights can only be abrogated or violated by force, fraud, or willing consent; then all sentient individuals have the same rights, and no individual can have any rights that are superior or inferior to the rights of any other individual.
If all sentient individuals have the same rights, which cannot be superior or inferior to any other, then no sentient individual can be superior or inferior to another.
If no sentient individual can be superior or inferior to any other, then no individual can own any other or be owned by any other.
If we own ourselves, have freedom of conscience, and cannot be dispossessed of our rights, then we must have the right of private property, which consists of the rights of posession, determination, use, exclusion, disposal, and benefit of such property (including our selves in the entire).
If we own ourselves, have freedom of conscience, and have the right of private property, then we must have the right of defense of self.
If we own ourselves, have freedom of conscience, and have the right of private property, then we must have the right of self determination.
If we own ourselves, have freedom of conscience, have the right to private property, and the right to self determination, then we must have the right of association.
If we own ourselves, have freedom of conscience, have the right to private property, the right to self determination, and the right to free association, then we must have the right to form contract.
If we own ourselves, have freedom of conscience, have the right to private property, and the right to self determination, the right of association, and the right to form contract; we must also have the right to form voluntary collectives of individuals and to delegate certain rights and powers to them.
If we can form a voluntary collective of individuals, all individuals have the same rights which cannot be disposessed, no individuals can be superior or inferior to any other, and no individual can own or be owned by any other...
....then no collective of individuals can be a separate entity unto itself with rights separate from the rights of the individuals making up the collective, nor can any collective of individuals be superior or inferior to any individual, nor possess or exercise rights not posessed by all individuals, or which are superior to those of any individual.
... Thus, we are able to have societies, and states, which respect and protect individual rights, and which do not violate or abrogate them; without requiring collective rights, or collective ownership.
That's the epistemological progression from the propertarian principle, through to the existence of societies and states, with the exclusion of collective rights, and collective ownership... It is a complete chain of reasoning, derivable from and to first principles... progression and regression.
All things which are ACTUALLY rights, as opposed to grants, franchises, etc... can and must be logically and epistemologically justified within this progression, or from this progression.
All things which cannot be logically and epistemologically justified within or from this progression... as dervied from and in the context of the propertarian principle... are not, and can not be, rights. They are something else, that are not rights.
