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Is there such a thing as natural rights?
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| Garden of Gods. Credit. John Fowler CC-BY 2.0 |
We live on a finite planet that is now full of people but running low on resources. Our social contracts and economic frameworks developed during a time when the world was less crowded and had plenty of resources. Disregarding biophysical realities is not an option anymore. Therefore one must ask, are those social constructs of ours still valid?
Well, we know that our economic framework certainly is not. There's plenty of evidence to prove that. But how about our ideas about so called “natural” rights?
Social contract theory
The political ideology called liberalism, that we now take for granted, arose from 17th century European ideas about natural rights and social contract theory.
The idea and theory of a social contract gained prominence in Europe when it became one of the leading ways of explaining and delimiting peoples duty of obedience to their government and of their right to resist and overthrow government when it became oppressive. It was an attempt to explore the best form of government and its justifications. What should laws require? When do people have a duty to obey decent government? And when may they justly exercise their right to resist oppressive government?
According to the early formulations of social contract theory citizens may justly exercise their right to resist governments that flagrantly and systematically fails to perform its basic tasks or preserve fundamental rights. And laws are only legitimate when they are generated by the institutions and procedures that are part of the terms of the social contract.
Until the end of the 17th century the social contract was understood in communitarian terms. It was not understood in individualistic terms. The government received its legitimate power in a grant from the community as a whole, not from the the individuals comprising that community. And governments only have legitimate authority when that community consents, through its rightful representatives, to transfer its power to the government. Therefore, the right to resist an oppressive government was only justified by the community as a whole, not individual persons.
But then Thomas Hobbes came along and dropped a bombshell in his famous book Leviathan. He rejected the communitarian aspect of the social contract tradition and claimed that rights belonged to individual persons but that they are at constant war with each other, due to human nature being fundamentally egoistic, and therefore needed to grant power to a strong state that in turn would ensure protection. He believed such a social contract therefore needed to be non-liberal and absolutist-authoritarian.
During the early 19th century the idea of metaphysical natural rights came under attack. Utilitarianist like Bentham rejected the idea that any objective, universal and moral rights possessed by humans in virtue of a common human nature existed. More people agreed with Rousseau's ideas that human nature changed through history. Hume claimed that very few people had actually ever consented to be governed and that it was hard to see how such consent could ever be fairly proved. Furthermore, they argued, that society is much more like an organism which develops without conscious control by its parts than it is like an artificial machine controlled by some outside force. The claim of god given natural rights were believed to have led to bloody wars and revolutions that reigned terror upon Europe and so metaphysical rights and social contract theory were both out of fashion by 1815.
In the Americas, thinkers were slower to reject natural rights and social contract theory than in post-1815 Europe. But by 1861 the idea of natural rights came under scrutiny as it was suspected that the theory had contributed to the South's attempt to secede from the Union and its commitment to states founded on racial slavery. But the doctrine of natural rights continued to be widely popular throughout the period. Many anti-slavery arguments appealed to natural rights. And many pro-slavery arguments did the same, arguing that which legal rights anyone had depended on their natural rights, but slaves were not genuinely human, and so did not have the natural right not to be enslaved!
In Latin America, the idea of natural rights were seen as a obstacle in trying to create a stable government by the 1870s. They rejected the idea in favour for the liberal principles of J.S Mill and Herbert Spencer, as well as those of Auguste Comte´s authoritarian socialism.
The massive and seemingly pointless slaughter of the first world war came to be blamed on the organic theory of the state and society. That blame, along with modernisms distaste for evolutionist models, dethroning Darwin and makine Einstein king of scientific thought, eventually overthrew the organic theory. But utilitarianism continued to predominate in secular moral theory and political thinking, especially after the Great Crash of 1929 when people were sympathetic to socialist and collectivist premises.
But by the 1960s, utilitarianism were overthrown and in the 1970s collectivism was abandoned and replaced by individualism. Natural rights and social contract theory returned to the stage. This was much due to the US unjust war in vietnam killing hundreds of thousands of innocents. People blamed it on deranged utilitarian thought. Unfairly utilitarianism itself was blamed for the US morally corrupt reasoning. And so people turned to Rawls, Nozick and Dworkin's ideas of individual rights trumping collective-utilitarian policies and the Kantian view that governments main duty is to give equal respect to all its citizens.
Modern critique
Given what we know today one must reject the old fashioned ideas of natural rights and social contract that originated from the 17th century and came back to force during the 1960s. First of all, these ideas came into being in a world that still had plenty of resources and healthy ecosystems to support the population. It was a world were only white men were allowed to take part in discussions, where slavery was rampant, and humans believed themselves to rule over nature.
Our understanding of the world is much better today. We now know that we live in a world that is completely beholden to physical laws such as thermodynamics, conservation of mass, evolution, and diminishing returns of complexity.
We know that there are no such things as objective god given or natural rights, we made them up. We know that people in the past used the claim of natural rights to justify slavery because they didn't want to give up the “free” energy that generated their wealth. Similarly, they didn't recognize that all humans come from a common ancestor and that we are part of the larger animal community. Or that females often chooses the male, not the other way around. Neither did they consider the fact that without healthy ecosystems humans wouldn't survive.
We have to move away from the old reductionist thinking that treats humans and other organisms as isolated parts in a big machinery. We know that the world doesn't work that way. We are part of a whole that interact and feedback on each other. Outcomes are an emergent phenomenon that cannot be derived from studying parts in isolation. Depending on guiding principles, incentive structures, we get different outcomes. Our current incentives tells us to destroy ecosystem for profit so that we can consume even more resources until they run out and we starve. That's simply suicidal.
Moreover, we know that human nature is not just based on selfishness. Humans are capable of both egoistic and altruistic actions but incentives guide them to behave in one way more than the other. It is true in a strict biological sense that humans try to maximize their own and kins net energy in order to survive and thrive but we also know that reciprocity and cooperation has had an evolutionary advantage. By hunting or farming in groups, bigger prey or larger fields can be used to gain a larger energy surplus. Thus being an advantage also to the individual. But a society is much larger than any tribe (say 250 people) and so eventually one cannot rely on personal trust and reciprocity to maintain order. Therefore people invented social constructs like culture and religion to guide human behaviour. Later one, as societies grew ever larger they instituted authorities to oversee that these incentive structures were being followed.
In a full world, there is no room for individual rights over collective outcomes if we wish to avoid mass suffering of both humans and nature. Of course, people will react to this and say “look at all the dictatorships” bla bla etc. But they forget that they will eventually have to kiss their so called “individual rights” goodbye anyway if we continue on the current track. Fossil fuels and other resources are depleting, making us poorer, more unequal and more at risk of death from climate change. Resource limitations often lead to competition, conflict and war. Something we have already started seeing. The neoliberal capitalist ideals born out of the 1960s return to 17th century ideas about natural rights have been an utter failure.
And if we want to talk about rights we must admit that they are made up by humans and can be changed. From an objective perspective, a human has as much right to live as a hedgehog or an oak tree. Either that, or none of us has any rights at all and matters of mass killings or mass extinctions are simply a tragic fate of natural laws.
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