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.)