If rights exist only by virtue of their recognition by others, then presumably only those liberties which concern others would require that a right to enjoy them be granted.
For example: a right to privacy. Since I can hardly prevent the rest of my community from barging into my home all at once and rummaging through my personal effects, then my right to privacy can only come from a mutual agreement that we will not do that to one another. Moreover, in the absence of a community of potential snoops, I do not need a right to privacy — it becomes meaningless.
But what about a right to life? What does that phrase mean? (Note that I am not talking about the abortion issue here.) Presumably a right to life carries with it a right to self defense. To say that I have a right to life, but not to self defense, implies that there exists some other means of guaranteeing the first if I am assaulted while no third party is around. Without round-the-clock protection, there can be no such guarantee; and besides, who would protect my protectors? It is not enough simply to extrapolate that thought, and suggest that we are all each other’s protectors; clearly, the risk of being attacked exists, even in a large community (especially there!). So unless we engage a protection force capable of watching over each one of us at all times, and we grant them the right to self defense (since we are compelled to fold our arms in the face of danger), then we must ultimately rely on ourselves for protection.
But do I even need such a right? Does the terminology of rights even apply? Whom does it concern, besides myself and my attacker? Presumably he will not agree to my right to defend myself against him, so we will have reached a stalemate. If anything, my attacker would need a right to attack me (since murder has a negative impact on society); presumably that right would never be granted.
No, I submit that it is of no concern to the rest of society whether I defend myself or not. It’s not as though I can choose to “go around defending myself,” so as to become a menace to society; the choice is foisted upon me, and it is mine to make. I need no “right” to self defense. I must prove that my attacker presented an imminent threat to my life, but I need not justify or even explain my response to that threat.
If there is no need for a right to self defense, then is a right to life still necessary? Yes: since the individual cannot adequately defend itself against the collective, then a mutual agreement is in order, as with the right to privacy. Unfortunately, this does result in a “fox guarding the henhouse” scenario, which is how capital punishment (and privacy violations) can be tolerated in an otherwise civilized society. But, that is another post for another time.
Posted by DD
Posted by DD