Absolute Human Rights

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xris
 
Reply Sat 14 Feb, 2009 02:25 pm
@nerdfiles,
nerdfiles wrote:
Well, is it that you cannot follow us? I think we're doing some serious philosophizing here. We're disagreeing on definitions, giving examples, counterexamples, analysis, etc.

"Human right" is simply that kind of right which applies to human beings that is expressed within some legal system. The legal system need not be "on paper," as it were, but the right itself must be determined and known by some legal body within its system. Thus, a right is conferred or produced by law.

A "natural right" or an "innate right" is nothing more than a metaphor or a turn-of-phrase. It doesn't literally mean that we have rights outside of legal systems. Talk of these kinds of rights is an attempt to appeal to cultural or social conventions. It is not necessary that they be justified on moral grounds, but they can be. "Natural rights" are not necessarily "moral rights." They are simply conventional, social understandings between persons.
So as i thought nothing of any consequence just bits of paper nothing ethereal nothing other than a solicitors can record on his lap top..This is the thread that can take umpteen posts to discuss legal rights of a supposed thinking human with or without a soul..I think we should debate the kings new suit, is it not fine is it not grand look at the stitch the cloth the line..
 
nerdfiles
 
Reply Sat 14 Feb, 2009 02:33 pm
@click here,
I'm not sure I follow you...
 
xris
 
Reply Sat 14 Feb, 2009 02:38 pm
@nerdfiles,
nerdfiles wrote:
I'm not sure I follow you...
but im sure you do..
 
Zetherin
 
Reply Sat 14 Feb, 2009 02:45 pm
@click here,
click here wrote:

Definition of Compel:
1. to force or drive, esp. to a course of action: His disregard of the rules compels us to dismiss him.
2. to secure or bring about by force.
3. to force to submit; subdue.
4. to overpower

So again, NO you would not be obliged to jump off a bridge if someone points a gun to your head as you are not being forced or overpowered to do so. You can still choose not to do so.



Fair enough, it's definitely a battle of semantics. I could easily say that you were obliged to jump off the cliff, just as easily as you could say you were not obliged to jump off the cliff. It appears the definition is a bit loose. However, from my personal experience, when one says, "I feel obligated", I've never interpreted it as the person has to do the thing, but simply that there is an influence driving them to do the thing -- they have the choice, nothing is making them.

Quote:

No because if moral absolutism is true then it is no longer an interpretation is is a fact.
So if universal human rights are true then it is also not an interpretation of the world it is a fact.
So in our debate if we assume that is is true then we are viewing it no longer as an interpretation but as a fact.
This is what you should have clarified beforehand; You're making the assumption that moral absolutism is true.

Quote:
Yes of course we could defy it but that is not the point. It is different then a construct of man because it then should be followed.

My point is that there are people that say that humans have rights that 'should be absolutely followed'. I say that they are wrong.
Who says we should do anything? One could say the same thing not even being a moral absolutist. They could say we should not kill simply because of laws, or because of their morality. It's entirely subjective. These people are not necessarily 'wrong' for having a different view of morality. They are just as much 'right' as you.
 
nerdfiles
 
Reply Sat 14 Feb, 2009 03:37 pm
@click here,
Guh. I really want to get to the heart of this.

Let me try this.

I think your question presupposes the intelligibility or plausibility of natural law theory. Thus, your question presupposes that it makes sense to talk of "natural rights" as conferred by morality. Hence, if one denies moral absolutism but accepts "rights absolutism," you interpret this person to be arguing within moral discourse. You take this person to be talking about moral rights.

My first question is: What is your evidence for this? I think if someone is absolutist about rights, this person could be a legal positivist, and could be saying that rights are absolute insofar as legal systems are concerned. There are no natural rights. Only rights by human law. Whether or not morality exists is an irrelevant question. "Rights" are justified by legal definition, legal argument, within legal systems of thought. Thus, "universal human rights" is not a moral thesis, but a legal thesis. It is a thesis that is incorporated into legal systems.
 
click here
 
Reply Sat 14 Feb, 2009 03:49 pm
@nerdfiles,
nerdfiles wrote:
It is not my definition and any particular definition of "rights." Rights are conferred by laws. It's not that rights are "legal" or "moral" or "innate." It's that rights are general; and when we speak of generality, we speak of law. Thus, law confers rights.


Sure its not your definition but it sure is the one you are referring to. You are not responding to mine.

nerdfiles wrote:

Telling me that they are "transcendental" and "absolute" does not make your particular case any more coherent. I am telling you that obligation has two senses, if not more. One is of the particular (your example), and the other is of the general (rights). The general case cannot be analogous to the particular because it depends on a different sense of obligation: general obligation.

If I say, "I am obliged to law to do X" this means something general because the law speaks to a set of conditions, antecedents, precedent, etc.

If I say, "I am obliged to Bob, my neighbor, to do X" this means something radically different. It means that either Bob is compelling me, asking me as a friend, demanding, hold me for ransom, etc.

Rights are about law. Obligation to jump of a bridge is about something very different. It makes no sense to say that I had the right to no jump off the bridge. But you can appeal to rights to not jump of the bridge, just in case the demand that you do so is against the law. But if not against the law, it makes no sense to speak of rights. It's not that you do or do not have the right. A particular desire does not, on its own, instantiate law; thus, no right is present.


I'm not saying that you would have a right to not jump off the bridge I am saying that you would have a right to not obey the demands that one puts forth.

You are stating that someone is obligated by law to do something versus obligated by a single person to do something is completely different.

They are not at all! You have no absolute obligation to follow either command.

Hence my example from the beginning still in its original version still stands.

There is no obligation to listen to the law just as there is no obligation to listen to the man/friend. They are one and the same. Both are commands of which are directed at you are are expected of you to do something. Neither of those commands do you in any way have an absolute obligation to follow.

You still have not refuted my example.

nerdfiles wrote:

If you say "it is my right as a human bring to not be treated this way," all you mean is "please, treat me with some dignity" or "hey, the rules of social decorum suggest that what you ask is taboo." You don't literally mean rights.

Which leads me to my further point, which I think is central to this issue. "Innate rights" or "natural rights" presuppose natural law theory. If you accept natural law theory, then the questions you ask are meaningful. But if you are a legal positivist, your question makes no sense. "Innate absolute transcendental forever binding rights" are simply nonsense to the legal positivist.

To the legal positivist, rejecting to jump of the bridge cannot have anything to do with rights. And this is a disagreement about definition. The point is: I understand what you definition you employ (it's a tenet of natural law theory), but I am telling you that it is false. Your question presupposes that definition, and thus a particular sense to "rights." I do not misunderstand you. I understand you and fully disagree. I think that your question, and your counterexample, are senseless (because I accept legal positivism, which holds a particular definition of "rights").

I should have been more explicit about my definition. Instead, I have been attempting to show you what your definition is (it's natural law theory), and why it is wrong. I think, in a thread about rights, we should not be talking about morality at all unless we have satisfactorily shown that natural law theory is true. (Your question, however, presupposes its truth. I am here to tell you that I think it is false, and this is why it is frustrating, I am sure, that I seem to be dodging your question or misconstruing it.)


Wow you have read me all wrong. I am not arguing for natural law theory I am arguing against natural law theory from a legal positivist stand point.

That is why as you say:
"Innate absolute transcendental forever binding rights" are simply nonsense to the legal positivist.

That is what I am arguing against!! That there are not innate absolute transcendental forever binding rights! Did you not even pay attention to what I wrote in the OP?:

[INDENT]"I'm looking for someone to justify how humans have 'a right to their lives' in an absolute sense. I argue that all human rights are not absolute they are all inventions (edit from 'conventions') of man to create a civil society."
[/INDENT]
Which is why you have no innate absolute transcendental forever binding obligation to follow the law or the man who tells you to jump off the bridge.

It is not that a legal positivist can't comprehend the words universal absolute human rights it is that they believe that they do not exist.

Yet there are some on this forum that take legal positivism true for morals but natural law theory for human rights.

So now do you clearly realize that you were attacking my argument incorrectly?

Zetherin wrote:

This is what you should have clarified beforehand; You're making the assumption that moral absolutism is true.


No I am not. I think we have a little bit of confusion in our replies. You had said that I was misunderstanding the definition of moral absolutes

I had given him a definition of what universal human rights are. You then went on to say that I don't realize that moral absolutes is only a view that some share. I was explaining the view of the person that assumes that there are universal human rights. So what you were doing was throwing out the discussion of universal human rights because you state them, like absolute morals, to only be a view. We have to accept the possibility of both views being true if we are to argue for one or the other.


Zetherin wrote:

Who says we should do anything? One could say the same thing not even being a moral absolutist. They could say we should not kill simply because of laws, or because of their morality. It's entirely subjective. These people are not necessarily 'wrong' for having a different view of morality. They are just as much 'right' as you.


That is a different kind of should. I am talking about the kind of should as in their are natural laws that say that we should not infringe upon or do this.

The same type of 'should' that a moral absolutist uses and believes when he/she says 'you should not murder'.

It is a 'should' that transcends human thought.

Wow their are SO many confusions of definitions in this thread.
 
click here
 
Reply Sat 14 Feb, 2009 03:52 pm
@click here,
Also I forgot to mention how honored I was nerdfiles to hear you refer to what we are doing as 'serious philosophizing' I never considered myself a serious philosopher.

Any how bedtime. I'll respond to what ever you say after some zzz's
 
Zetherin
 
Reply Sat 14 Feb, 2009 04:22 pm
@click here,
Thesis: One shouldn't feel they have to obey any man-made law, or abide by any conceptual notion of "rights", as there is no "absolute" or "natural law" predicating one's action.

Is this correct?

If so, what is the point you are trying to make by stating this?
 
click here
 
Reply Sun 15 Feb, 2009 07:23 am
@Zetherin,
Zetherin wrote:
Thesis: One shouldn't feel they have to obey any man-made law, or abide by any conceptual notion of "rights", as there is no "absolute" or "natural law" predicating one's action.

Is this correct?

If so, what is the point you are trying to make by stating this?


Kinda. The idea of not having an absolute reason to abide by a man-made law I think is quite obvious. There are plenty of 'stupid' laws out there. You have not absolute obligation to follow them nor any other man made laws. As any law is subjective even if it is shared between many people it is still a subjective decision to conclude along the same lines.

My thesis simply is that there are no absolute human rights.

My point that I am trying to make is there are some who believe that their are absolute human rights. I ask for them to justify it. What really gets me is those whom do not believe in absolute right or wrong but still believe in absolute human rights...
 
xris
 
Reply Sun 15 Feb, 2009 02:47 pm
@click here,
There is no such thing as human rights to even consider ..we have demands and rules that can either be conformed to or ignored..When we talk in normal conversation about human rights they are defined by people for nations to hopefully abide by.If i am tortured i can hope someone will say thats wrong and when laws impede my human rights they should also be opposed..but buying a house..wot are you on about???:perplexed::perplexed::perplexed:
 
Zetherin
 
Reply Sun 15 Feb, 2009 03:32 pm
@click here,
click here wrote:
Kinda. The idea of not having an absolute reason to abide by a man-made law I think is quite obvious. There are plenty of 'stupid' laws out there. You have not absolute obligation to follow them nor any other man made laws. As any law is subjective even if it is shared between many people it is still a subjective decision to conclude along the same lines.

My thesis simply is that there are no absolute human rights.

My point that I am trying to make is there are some who believe that their are absolute human rights. I ask for them to justify it. What really gets me is those whom do not believe in absolute right or wrong but still believe in absolute human rights...


I'd say that those that believe in "Absolute Human Rights" may be of the religious type? A confused, religious type, because, as many have noted (especially nerdfiles), "rights" is a legal term. A "right" doesn't even make sense outside of legal discourse. However, most religious folk I've come across also believe in a defined 'right' and 'wrong'. So, personally, I've never encountered someone like this.

Was this from another thread? Can you link it? If not, can you give us an example of when you heard/saw this? I'm kind of intrigued.
 
click here
 
Reply Mon 16 Feb, 2009 03:49 am
@Zetherin,
Zetherin wrote:
I'd say that those that believe in "Absolute Human Rights" may be of the religious type? A confused, religious type, because, as many have noted (especially nerdfiles), "rights" is a legal term. A "right" doesn't even make sense outside of legal discourse. However, most religious folk I've come across also believe in a defined 'right' and 'wrong'. So, personally, I've never encountered someone like this.

Was this from another thread? Can you link it? If not, can you give us an example of when you heard/saw this? I'm kind of intrigued.



I can link acctually. http://www.philosophyforum.com/forum/philosophy-forums/branches-philosophy/philosophy-religion/3362-ethics-faith-5.html

The user said: "It is inherently wrong (rape) because it violate a person's will to consent, and once again it is not complimentary to a civil society. Also I do believe that rape is inherently wrong, but I will move on to that in another topic that I'll start soon."

I was trying to argue that there is no such thing as a will to consent other then that which is created and there is no absolute obligation to follow it.

Also in my last thread (No Soul? No human rights) I can't be sure but it seemed like some in that thread were trying to argue for absolute universal human rights while these were also people that push away absolute morals.
 
Zetherin
 
Reply Mon 16 Feb, 2009 04:43 am
@click here,
I've read the entire thread, and I believe the person clarified their response to the above "inherent" statement. I'm going to quote from where you left off in the thread in order to possibly enlighten:

Quote:
So you would say that the universal morals are whatever the large percentage of the population thinks is 'right' and 'wrong'?
So its basically a unity of people that all believe rape is wrong and they agree to force their opinions on others. I don't see much of a difference between universalism and relativism. Universalism seems to me to just be slightly more organized but yet still all completely opinion based.
I believe you oversimplify universal ethics here. You must remember that humans do, generally, have universally identical responses to certain situations. So, if one were raped, it generally makes one feel bad (I'm using "bad" as a placeholder for negative emotion; You can pick the adjective at will). Therefore, it's only natural that an understanding come where it's universally accepted as "wrong". It's not that people are trying to *force* their opinions on others, but rather it's aimed at the greater good (usually). You make it sound like it's just a group of old men gathered in a circle mumbling, "Hehe, what kind of new moral constructs can we make these mindless citizens obey next!"

Let me clarify, I completely understand where you're coming from, and you're even right - ALL of this is constructed by man; there is no innate "right", "wrong", and there surely isn't any absolute morality or inherent 'rights' of man. However, as hue-man suggested, I believe you must look at the human condition, the condition we all share. Though we can see that yes, everything is ultimately grey, is it not wise to come to some universal agreement? It's not *forcing* but rather in the benefit of everyone. Do you not believe raping should be considered "wrong"? Have you ever been raped or have known someone that has been raped? If so, I would think you would understand why it's been, for the most part, universally considered "wrong". This is what I feel hue-man meant.

Quote:
You can't say we have a moral sensibility because our brains can sense morals. That is a tautology.
Though what I said above does stand true (morality is subjective), there is sensibility among humans. When you think about murdering the old lady do you feel "bad" about the action simply because a group of people have agreed upon it, or because there are laws against it? I'd hope not. I'd hope that you would *feel* "bad" about murdering the woman -- transcending "morality", "laws" "convention", you would simply *feel*. This is the sensibility that is to be understood. It's not moral sensibility because morality is a construct of man, but it is an emotional sensibility that most of us can relate to.

Hope I've shed some light,

Zeth
 
click here
 
Reply Mon 16 Feb, 2009 05:50 am
@Zetherin,
Zetherin wrote:
I've read the entire thread, and I believe the person clarified their response to the above "inherent" statement. I'm going to quote from where you left off in the thread in order to possibly enlighten:

I believe you oversimplify universal ethics here. You must remember that humans do, generally, have universally identical responses to certain situations. So, if one were raped, it generally makes one feel bad (I'm using "bad" as a placeholder for negative emotion; You can pick the adjective at will). Therefore, it's only natural that an understanding come where it's universally accepted as "wrong". It's not that people are trying to *force* their opinions on others, but rather it's aimed at the greater good (usually). You make it sound like it's just a group of old men gathered in a circle mumbling, "Hehe, what kind of new moral constructs can we make these mindless citizens obey next!"

Let me clarify, I completely understand where you're coming from, and you're even right - ALL of this is constructed by man; there is no innate "right", "wrong", and there surely isn't any absolute morality or inherent 'rights' of man. However, as hue-man suggested, I believe you must look at the human condition, the condition we all share. Though we can see that yes, everything is ultimately grey, is it not wise to come to some universal agreement? It's not *forcing* but rather in the benefit of everyone. Do you not believe raping should be considered "wrong"? Have you ever been raped or have known someone that has been raped? If so, I would think you would understand why it's been, for the most part, universally considered "wrong". This is what I feel hue-man meant.

Though what I said above does stand true (morality is subjective), there is sensibility among humans. When you think about murdering the old lady do you feel "bad" about the action simply because a group of people have agreed upon it, or because there are laws against it? I'd hope not. I'd hope that you would *feel* "bad" about murdering the woman -- transcending "morality", "laws" "convention", you would simply *feel*. This is the sensibility that is to be understood. It's not moral sensibility because morality is a construct of man, but it is an emotional sensibility that most of us can relate to.

Hope I've shed some light,

Zeth


As to your question on whether I think rape should be considered 'wrong'. Yes I do believe so, but many times I choose to argue from a different standpoint then my own views against someone elses and I choose simply to not state, "I don't acctually think this but someone that does could say this..."

If you agree that through 'evidence' humans seem to be able to have a 'moral sensibility' that transcends 'law', 'society' etc... how do you explain where its existence spawns from? I know that is a different question then the OP though you allready agree with what I have stated.

EDIT: I am going to make another thread as to what my first thread spoke of secondly but did not really get discussed.
 
Mr Fight the Power
 
Reply Mon 16 Feb, 2009 06:21 am
@click here,
click here wrote:
Where does this 'moral duty' come from? Where does the right to demand this 'moral duty' come from?


I already said. Refer to my first post in this thread.

Quote:
Why should this 'moral duty' be followed? Why is it wrong if the 'moral duty' is not followed?


First, if something is a moral duty, then it should be followed and it is wrong if it is not followed simply because it is a moral duty. That's pretty much the definition of 'moral duty'.
 
click here
 
Reply Mon 16 Feb, 2009 06:34 am
@Mr Fight the Power,
Mr. Fight the Power wrote:

By attempting to justify one's action, one necessarily accepts that those affected can be convinced of the correctness of the action. This means that you assume both the necessity of free agency of all those affected, and preclude your ability to use coercion. Therefore, no justification can ever be offered for any action that violates the free agency of any other person.


An action can not be justified either good or bad. You can not convince someone that the action is 'correct'.

So yes you are correct in saying that "no justification can ever be offered for any action that violates the free agency of any other person." Yet it is pointless to say that because ALSO no justification can ever be offered against any action that someone directs at another person.


Mr. Fight the Power wrote:

And you simply MUST understand what rights are. Rights are not relationships between material things. They are conceptual relationships between people. When someone owns a house, it is not a link between the person and house, but between all people related to the house.

Saying that one has an absolute right to life does not mean that one has absolute protection of one's life. It simply means that there is a moral duty on all people to respect that person's life.


It is a 'moral duty' that was only created by man and is chosen by man whether or not he wishes to abide by this created 'moral duty'

Mr. Fight the Power wrote:

First, if something is a moral duty, then it should be followed and it is wrong if it is not followed simply because it is a moral duty. That's pretty much the definition of 'moral duty'.


Sure only if you define a 'moral duty' as that which is expected to be followed as a creation of the goverment and applied to all individuals 'under' the law of the government.

But what you can't do is define 'moral duty' as something other then created by man.

So there are no absolute human rights asside from those created by man.
 
Mr Fight the Power
 
Reply Mon 16 Feb, 2009 06:40 am
@nerdfiles,
nerdfiles wrote:
I can run the same points about the term "acceptance." Nothing about "agreement" or "acceptance" necessarily implies "volition" and explicit thought, reflection, etc. So that definition simply does us no good.


Well, yes, acceptance implies deliberation and willing reception.

Quote:
Now we've got some legwork here. Good. So my question is: When you use "derived concept" do you mean "discovered" or do you mean "invented?" I think the original poster wants to say rights are "invented" or "expressed through," say, "a constitution or document."


Yes. They wish to say that they are "derived" in the sense that humans wish to maintain a human-friendly order, and so they derive certain rules from that desire.

Quote:
Naturally, it would be silly to think we have "innate documents" or "innate letters." The concept of a "right" outside of a legal system has no meaning.


We do have innate modes of thinking and communicating that can define moral codes.

And rights can have a meaningful moral basis. If I have a moral right to life, then you should not transgress against my quiet enjoyment of my life.
 
Mr Fight the Power
 
Reply Mon 16 Feb, 2009 07:21 am
@nerdfiles,
nerdfiles wrote:
I'm not saying that at all. I was merely attacking the notion that the definition of "convention" implies reflection, deliberation, volition. To say "it is a convention" does not necessarily imply that it was a contrivance of human rationality. Essentially, what I'm getting at is that our poster must be careful when he says "convention." It's unsafe to use any term related to or similar to "man-made convention."

That's like employing "God," as if we can intelligibly talk about how God decided, one merry day, to write out the enumerable infinity of moral imperatives which are, ironically, etched onto our "hearts" rather than on something more...tangible.

Sure, "rights" are brought about through writing and expression, likely proposed at conventions and public meetings, but it's not at all the case that "man" decided to sit down an write out all the conventions of the social, the moral, the ethical, the scientific, the religious, the academic, etc etc etc.

A convention is a manifestation found within complex human interaction and discourse. The convention itself is not something that someone plans or decides upon. It's a matter-of-fact that some things are conventional while others are not (perhaps outmoded).

And to my point: This absurd notion of convention, I feel, is what is being combined with the "fallibility of man" premise. The point I am trying to make is that our conventions are not at all at fault here; they cannot possibly be. Our conventions are not fallible because we are. Conventions cannot be fallible or infallible; thus, they cannot be contrary or in agreement with the notion of "absolute rights." The notion of convention, basically, is irrelevant to this topic.

My apologies.


First off, I enjoy your posts, and I am glad you are here.

Now, I agree with you to an extent on the meaning of convention.

However, there is a dichotomy here that you are not recognizing that is relevant.

Yes, a convention is not something that is deliberated upon and accepted, but it can be the result of some individual behavior deliberated upon and accepted over and over again.

When rights are called a "man-made convention" it is poorly worded only because "man-made" carries a connotation of purpose, which conflicts with the nature of a convention. Conventions can, however, be man-made, and result from human decision making writ large. This is what everyone is referring to here.

One side is arguing that rights are conventions created by man as other cultural norms are. They vary from culture to culture as men in different situations will behave differently, and, over time, will develop various different conventions.

I am simply arguing that there are certain conventions that were developed biologically, as opposed to culturally, and predated modern man (or at least were simultaneous with modern man).

So conventions, while not purposeful, can be man(or culturally)-made or nature(or biologically)-made by repeated acceptance or success.
 
Mr Fight the Power
 
Reply Mon 16 Feb, 2009 07:34 am
@click here,
click here wrote:
Yes, I also say there is no absolute reason to follow any 'human right'. Just as if someone tells you to jump off a cliff. You don't have an obligation to follow their whims. Neither do you have an obligation to follows any mans ideas on 'human rights'


An absolute obligation is an obligation that always applies, not one that is always enforced.

Assuming that the obligation is legitimate, if you loan me $1000, I have an obligation to pay you back regardless of whether you will ever be able to make me pay it.
 
Mr Fight the Power
 
Reply Mon 16 Feb, 2009 08:08 am
@click here,
click here wrote:
An action can not be justified either good or bad. You can not convince someone that the action is 'correct'.

So yes you are correct in saying that "no justification can ever be offered for any action that violates the free agency of any other person." Yet it is pointless to say that because ALSO no justification can ever be offered against any action that someone directs at another person.


Good and bad is meaningless outside the realm of human understanding and interaction. On this we agree.

I simply must be convinced as to why I am concerned with anything outside of this realm.

Quote:
Sure only if you define a 'moral duty' as that which is expected to be followed as a creation of the goverment and applied to all individuals 'under' the law of the government.

But what you can't do is define 'moral duty' as something other then created by man.

So there are no absolute human rights asside from those created by man.


I define 'moral duty' as the obligation to behave in a way that is morally right. Doing what is legally mandated is only tangentially related if you think that obeying the law is intrinsically good. Otherwise, the determination of what is legal made rely on determinations of what is good, but never vice versa.
 
 

 
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