The Nature of Individual Rights: Short Notes

Bill of Rights - First Ten Amendments to the US ConstitutionSome short notes about the nature of genuine human rights. I start by clearing up some common misconceptions about rights, then discuss what rights actually are.

What Rights Are Not

  1. Rights do not come from religious texts, like the Bible. Biblical Commandments like “Thou shalt not murder,” and “Thou shalt not steal,” don’t provide an answer to what killing counts as murder, or what taking counts as stealing. In the Biblical book of Exodus, priests and leaders may kill those in their community who are not attacking them, and it is apparently not considered murder. (See: Exodus 32:27-29) Also, many early Christians eschewed private property and lived a communal lifestyle, with all things held in common. (Acts 2:42-45) The Judeo-Christian tradition relies on the arbitrary dictates of the Biblical God and does not provide a solid basis for rights to life, liberty and property.
  2. Rights are not moral duties or “side constraints” on purposeful action, as many academic libertarians believe. They don’t have their basis in some vague concept of “inherent human dignity.”
  3. Rights are not means to “general utility”–i.e. the “collective pleasure” of everyone in society–as John Stuart Mill thought.
  4. Rights do not protect need-based claims to goods or services to be provided by other people, such as food, shelter, healthcare, etc. Contra Bernie Sanders, healthcare is not a right.

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The Meaning of “Necessary” Versus “Contingent” Truth

Billiard balls ready to be brokenThere is a long history in philosophy of distinguishing between truths that are “necessary” and truths that are “contingent.”

A necessary truth is a true statement whose negation must imply a contradiction in reality, such that the negation would be impossible.

So, if “One plus one equals two,” is a necessary truth, then the statement “One plus one does not equal two” will imply a contradiction. Given the meanings of “one” and “two,” we can immediately see that the addition of two “ones” (units) always does yield “two,” yet the statement “One plus one does not equal two,” contradicts this. It’s incomprehensible that one plus one should ever add to anything but two. So “One plus one equals two,” is commonly held to be a necessary truth, with its negation being impossible.

A contingent truth is a true statement whose negation does not imply a contradiction in reality, such that the negation could have been the case.

So, if “John married Jessica last Sunday,” is a contingent truth, then the statement “John did not marry Jessica last Sunday,” could have been true, without implying a contradiction in reality. Since John could have chosen not to marry Jessica, or to have married her on a different day, we can see that this is indeed a contingent truth.

The Objectivist View on the Necessary/Contingent Distinction

Objectivism-The Philosophy of Ayn RandCausality (the Law of Cause and Effect) is the Law of Identity applied to action. This means that an entity’s actions follow from its nature. That is, the nature of the entity (its attributes, properties, etc.) causes the action it will take in any given situation. In any given context, there is only one action open to it: the one in accordance with its nature. Any other action would contradict its nature.

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