In the midst of the COVID-19 pandemic, devotees of individual liberty rightly became concerned about the kinds of drastic restrictions that were placed on our personal and economic freedoms. Is such interference with freedom ever justified? If so, what restrictions are excessive? And how long should they remain in force?
There are no easy answers to such questions. But they do raise broader and more fundamental questions about the nature and meaning of “rights.”
Some people object to any restrictions on individual freedoms, even during emergencies, seeing them as violations of their fundamental individual rights. That objection usually arises from the traditional view of individual rights, as being “natural” and/or “God-given” in origin. By this view—broadly accepted by most conservatives, libertarians, and even Objectivists—individual rights are elements or aspects of human nature itself. They are “intrinsic” or “inherent” parts of human beings; thus, they are “absolute” and may not be abridged or curtailed by anyone, at any time, for any reason—not even in an emergency.
This belief—that rights are intrinsic to human nature, and thus immutable and inviolate “by nature”—owes its appeal among liberty lovers to their justifiable fear of socially subjective theories of rights. This latter view, promoted by the political left, holds that rights are merely grants from some authority figure or from “society,” which confer special privileges, freedoms, goods, or services upon designated individuals. Viewing a right as a socially granted privilege implies that the source of rights is the granting authority. That, in turn, implies that the granting authority—whether it is a king, dictator, or social majority—is morally and legally entitled to exercise unlimited dominion over individuals. It means that individuals may act only by the authority’s permission.
But equating “rights” with “permissions” negates the very meaning of rights. To act “by right” means to act autonomously, without further permission. A right is a moral-legal entitlement—not a social permission slip.
It is therefore understandable that lovers of liberty would reject the left’s bogus interpretation of rights as socially subjective and instead seek some objective basis for the concept. Since the days of John Locke, those freedom-lovers of a secular bent have tried to ground the concept of rights in nature itself; those of a religious bent argue that individuals’ rights are “endowed by their Creator.”
But both err in thinking that their respective approaches provide the concept of rights with an unassailable, objective foundation.
Let me state up front that I believe the concept of rights does have an objective basis in certain facts of human nature. However, while my perspective draws from Ayn Rand’s seminal writings on this topic, I don’t believe the presentation she offered in her essay “Man’s Rights” (Ch. 12, The Virtue of Selfishness, November 1964) distinguishes her view unambiguously from traditional “natural rights” theories. And I do not accept theories of “natural rights” or “God-given rights” as they almost always are expounded.
First, the “God-given rights” view is problematic, not only because it reduces claims of rights to mere articles of faith, but also because I don’t believe there is any biblical reference to a concept or principle of “individual rights” that supports such claims by religious believers. Such assertions are, at best, shaky interpretations that believers have merely inferred from cherry-picked passages or ideas in the Bible, then inflated in meaning and elevated in status to become religious doctrine. Even a devout Christian ought to find such interpretations disturbingly arbitrary—especially when elaborated into full-blown theories of rights nowhere in evidence in their Bible. One does not successfully counter the left’s subjective notions of rights by offering, in their place, equally subjective appeals to faith.
That said, I want to focus at greater length upon the broader, more inclusive claims that “natural rights” are essences or elements of human nature itself. I do not accept that view, either. For me, rights are not aspects or parts of nature, or some sort of essences that exist in or arise from human nature.
Rather, I hold that rights are objectively derived moral principles.
What do I mean by that?
To illustrate: Does something called “honesty” exist in nature, as a kind of actual thing? Of course not. Honesty is an abstract moral principle, devised by men to govern certain kinds of actions. However, this moral principle is not subjective or arbitrary: It is rooted in objective facts. What facts? These: To survive and thrive, we humans must face reality—that is, face facts, and deal with them. Likewise, to survive and thrive within a human society, we must be truthful with each other. Why? Because civilized society rests upon mutual trust, and mutual trust rests in turn upon our honesty with each other. Without honesty and trust, all the values we gain from social relationships are threatened and undermined. If dishonesty and mistrust become the norm, civilization unravels. So, there is an objective, fact-based, life-serving need for us to uphold the moral principle of honesty—to root our social relationships in facts, not in fantasies, lies, and deception. It is therefore in our own natural best interests to uphold that principle firmly and consistently, as a “moral absolute” in normal circumstances.
But not in all circumstances. For instance, you don’t owe honesty to a criminal or dictator who is trying to harm you by force. The principle of honesty serves a vital purpose: It is meant to further our lives and well-being in social interaction. That principle can’t be applied unilaterally, in circumstances where our lives and well-being are being threatened by those who don’t recognize the principle of honesty—or any other moral principles—and who would use our honesty against us. Exercised unilaterally, honesty would assist aggressors and thus become a threat to our lives and well-being.
Here’s the point: We don’t live in order to practice honesty; we practice honesty in order to live. Abstract moral principles exist to serve our lives; our lives do not exist to serve abstract moral principles. The latter is a “platonic” view of principles—a view of principles as ends in themselves, rather than human life as an end in itself.
The same goes for the moral principle of individual rights. Like honesty, rights are not things that exist somewhere in Nature. They are moral principles, devised by men, but rooted in objective facts. What facts? These: To create and then survive and thrive in a human society, we need to view and respect each individual as an end in himself—not as sacrificial prey for others. Why? Because a predatory, kill-or-be-killed society is to no one’s long-term best interests. So, to avoid reverting to primitive savagery, we must recognize, as basic principles of social morality, that each individual has a moral right to live for his own sake (the right to life); a moral right to take non-predatory actions to further his life (the right to liberty); and a moral right to transform the resources of nature into the products he requires to sustain his life, including the right to keep, use, and/or trade such creative products with others (the right to property).
In other words, the moral purpose of the concept of rights is to establish essential moral boundaries among people, so that within his own personal boundaries each sovereign individual may act freely to support his own existence, well-being, and happiness. (This is what I understand Ayn Rand to have meant in her essay “Man’s Rights” when she defined a “right” as “a moral principle defining and sanctioning a man’s freedom of action in a social context.”)
That is the “natural,” objective source of the moral principles we call “rights.” And we need to hold these principles firmly and consistently, too, as “moral absolutes” in normal circumstances.
But again, not in all circumstances. For example, no concept of—or need for—“rights” would ever arise in the mind of a Robinson Crusoe living alone on a desert island, because there are no others present who could pose a threat to him, or argue with him about food and shelter and land boundaries. The moral issue of rights arises only in social relationships: only when other people are around to dispute or transgress upon the protective moral boundaries between and among individuals.
Also, the principle of rights cannot apply during catastrophes that break down all civilized boundaries and institutions—such as a war, when invading enemies transgress all boundaries and threaten all lives. Warfare is a crisis circumstance in which rights are under such direct and dire assault that they can no longer be applied and exercised by the combatants, and often by those caught in the crossfire. During such chaotic emergencies, the only moral mandate for those under attack must be to stop the aggressors, to end or escape the emergency situation, and to restore the moral order and normal civilized life. At such times, when the survival of the entire civilized framework of rights is at stake, it may temporarily become necessary for the defending forces to take drastic actions that transgress the rightful boundaries that normally apply among individuals—such as sending the defending army across private property to engage enemy forces, or enforcing curfews, or risking collateral harm to non-combatants by bombing the enemy. Horrible as these things are, the alternative is morally unthinkable: to let the aggressor prevail to harm and enslave all. The only options, then, are among degrees of short-term or long-term harm to individuals; and the ultimate long-term moral objective is to minimize and end that harm. So, the morally proper course for the defenders is to terminate the threat as quickly as possible, in order ultimately to restore and protect the rights of the threatened individuals.
I see the same principle applying during a deadly epidemic. In a situation where a potentially lethal virus is spread rapidly by individuals through normal socializing, it may become necessary—temporarily—to impose rational social restrictions in order to get the disease under control, or suppressed to at least a manageable level. Nobody has a “right” to engage freely in conduct that poses an unreasonable risk of harm to others. And during a deadly epidemic, that’s exactly what normal social behavior does. This does not mean a total, long-term lockdown of society, which would cause its own catastrophic harm and death. But prudent, temporary requirements, such as “social distancing,” wearing face masks in certain public areas, and short-term closures of places where people congregate, make sense—again, only until the disease is brought under manageable control (e.g., sufficient medical supplies and tests are available, hospitals and emergency services are no longer overrun, etc.).
To sum up: “Rights” are not arbitrary social privileges and subjective conventions; nor are they elements, aspects, or metaphysical essences existing within nature itself. What we call “natural rights” should be understood instead as moral principles, defined and applied by men, but arising from our identification of the objective, factual requirements of human nature in social relationships. To survive and thrive in society, we humans require moral boundaries to protect us from predatory aggression and to resolve disputed property claims peacefully. Rights are the moral principles we employ to establish such moral boundaries between and among individuals.
We can debate exactly how such principles apply, or where and when emergency conditions arise that might require temporary exceptions. But this view of the basis and meaning of objective natural rights is, I believe, rationally defensible. And it establishes firm moral-legal barriers to stop would-be predators, tyrants, and mobs.
(Copyright
2020 by Robert Bidinotto. All rights reserved.)
