Originally posted by Berzerker
Aggie -
A right is a moral claim to act... So, from where does this moral claim to act derive?
Aggie -
A right is a moral claim to act... So, from where does this moral claim to act derive?
Moral beliefs are pretty much like other beliefs: the vast majority of beliefs are shared by everyone (it's what makes it possible for us to communicate - but that is another story). Again, the things about which we disagree attract more attention, but that does not change the fact that we fundamentally agree about most things.
The state? Society?
But what you want is a justification of our moral beliefs, rather than an explanation of why we have them. But this project is radically misconceived - it is like asking whether one is justified in disliking pain - we just do dislike pain.
One reason people hope to construct a justification for a particular moral point of view is that they hope to come up with a purely non-moral justification of morality which can then be given to amoral people in order to make them moral. But I don't think that this will ever work. Psychopaths, for example, are people who just cannot understand the idea that the interests of others matter - no amount of argument is going to change that, just as no amount of argument is going to enable a colour blind man distinguish red and green properly. So it's kind of weird that people would feel in need of such justifications.
One popular strategy is to try to provide self-interested reasons for behaving morally. To some degree this works, but it doesn't work when we most need it to - that is, when someone is in a position to escape sanctions. If everyone acted this way, we would also face massive collective action problems and we would all be worse off (in just the same way that radical selfishness is not an evolutionary successful trait).
The only reasonable response to this is that we just do have moral beliefs. These are often inconsistent and new technologies often provide us with problems that the old rules can't deal with, but that's all we have. If there is a grand philosophical project here, it is that of trying to systematize our moral beliefs in terms of basic principles. The two chief candidates for this are deontological theories and consequentialist theories. Rights based theories are a kind of deontological theory.
But as I have argued endlessly on this forum, such theories raise ridiculous counterexamples and really only make sense from a religious point of view. Another reason that they don't help much is that they are relatively inflexible because they view morality as a system of rules. Even the Stoics, who invented the idea of natural law, balked at the idea of morality as a system of rules like a law code - their view was much more flexible. We can see why this view of morality doesn't work by looking at the courts - no matter how much you specify the law, there will always be difficult cases that require us to go beyond the prescriptions of the rules.
I don't see the serious debate as one between those who believe that morality can be justified and those who can't, but as regarding which theory captures our ordinary moral judgements in the most systematic and coherent fashion.
Then you have to defend all the crimes committed by states and societies.
You can't, and that's when you rely on natural rights but you just call it something else. Even when Kucinich said the victims of the Nazis had no rights not granted by German society, he concluded they "ought" to have those rights. That is a recognition of natural rights even if he doesn't want to admit it since he acknowledged that rights should have a different source if society fails to create them...
Why invoke some deity that may or may not exist? Do you need the existence of a deity to believe in morality? If not, why can't morality be the basis for rights?
(virtue ethics is a more difficult case).
Natural rights derive from morality - a right is a moral claim to act. "Rights" are an expression of this binding morality...
So, what happens when society or the state violates or ignores this objectively binding morality? Do you believe this morality doesn't exist if the state cannot or does not recognise it?
If not, you're stuck explaining from where this morality derives without using a natural or inherent source, i.e., a morality that exists regardless of what any state says.
And these few fundamental principles are the basis for rights.
1) Welfare is the primary good.
2) The welfare of other people matters just as much as my own.
For starters, the Nazis took what did not belong to them. I understand commies have difficulty grasping that given their belief everything belongs to the state.
But for those of us who do believe that ownership starts with the individual, their evil is easily quantified.
I don't see why you think that a commitment to an objective theory of morality necessarily commits us to your peculiar version of it, and I don't see why an objective justification of morality is possible, since one has to be a person to understand what moral value is.
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