Rights. When do they apply?
When does an individual have Rights?
It can be argued that Rights come from the moment of birth. It can also be argued that a person need comprehension to know of his/her Rights, to understand them, to claim them, and to insist on those Rights being respected.
Why would birth be a deciding factor in inheriting Rights? Would not the formation of cells within a woman, once society determines she's not having a chicken, cow or kangaroo, have Rights?
When does a birthed child assume Rights? Where does a parents obligatory Right to all aspect of that child's life and well being end?
How does a newborn have Rights whereas 6 months prior he/she had none? Does dependency factor in? Perhaps a certain amount of self awareness, comprehension and understanding?
I fell into a conversation with another group about the female genital mutilation that recently happened and it raised some questions about Rights, society and family.
I'm curious what my friends here say on the matter.
I've recently read on the topic:
Second Treatise of Government by Locke
John Locke: Natural Rights to Life, Liberty and Property by Jim Powell
John Locke and the Natural Law and Natural Rights Tradition by Steven Forde (http://nlnrac.org)
It can be argued that Rights come from the moment of birth. It can also be argued that a person need comprehension to know of his/her Rights, to understand them, to claim them, and to insist on those Rights being respected.
Why would birth be a deciding factor in inheriting Rights? Would not the formation of cells within a woman, once society determines she's not having a chicken, cow or kangaroo, have Rights?
When does a birthed child assume Rights? Where does a parents obligatory Right to all aspect of that child's life and well being end?
How does a newborn have Rights whereas 6 months prior he/she had none? Does dependency factor in? Perhaps a certain amount of self awareness, comprehension and understanding?
I fell into a conversation with another group about the female genital mutilation that recently happened and it raised some questions about Rights, society and family.
I'm curious what my friends here say on the matter.
I've recently read on the topic:
Second Treatise of Government by Locke
John Locke: Natural Rights to Life, Liberty and Property by Jim Powell
John Locke and the Natural Law and Natural Rights Tradition by Steven Forde (http://nlnrac.org)
Previous comments... You are currently on page 4.
But our rights are being trampled all the time by those who insist they have a "good enough reason", usually on the false premises of altruism and collectivism. That illustrates the necessity of proper conceptualization and spreading the right ideas, not arbitrarily assigning rights as floating abstractions in the hope of heading off transgressions.
Aristotle said that, "It is the mark of an educated mind to be able to entertain a thought without accepting it."
The logical dependency of the concepts based in fact is not just a "proposal" and the crucial distinction between a fetus still biologically trapped in a parasitical state (not just a "group of cells") versus a new born baby matters. A fetus that has not been born is still a potential regardless of whether birth could have been forced earlier. That distinction is fact, not subjectively up to each individual or to be enforced "collectively by society as a whole" -- which is fundamentally opposed to the principle of the rights of the individual and the concept on which it is based.
Obviously the entire concept of Rights hinges on moral principal and when life begins IS a moral question. That question is answered by each individuals moral position and collectively by society as a whole.
Biologically speaking we are ALL nothing more than a group of cells. It seems that you believe life begins only after a fetus passes through the birth canal but that moments before that it is still only a group of cells. I myself would back that up by a few weeks.
Our organs are made of cells, functionally combined in different ways, which in turn at an even smaller level are made of molecules, etc. With no integration into a human entity, that is all the cells are. As has been explained on this page and elsewhere on the forum many times, a person comes into existence when he is born. Individuals have rights by their nature as human beings, not because of cells. Groups of cells, fetuses and embryos are potential human beings, contingent on a successful integrated development. The concept of rights does not apply to them.
The concept of rights is a moral concept arising from the facts of actions by moral beings, recognized as entities, in a social context. It has nothing to do with either living or dead cells. As rational beings who require the use of our rational faculty to live, we require moral principles as a guide to choices and actions. That in turn requires moral concepts of how to deal with other people in a social context. It is not about "cells". We start with the concept of a human being as an entity, not the constituent cells and not "anytime between conception and self-actualization".
As Ayn Rand put it, "A 'right' is a moral principle defining and sanctioning a man's freedom of action in a social context... Life is a process of self-sustaining and self-generated action; the right to life means the right to engage in self-sustaining and self-generated action—which means: the freedom to take all the actions required by the nature of a rational being for the support, the furtherance, the fulfillment and the enjoyment of his own life." Please read Ayn Rand's essay "Man's Rights" for a full explanation of the nature, source and purpose of rights as a moral concept.
Groups of cells, fetuses and embryos are potential human beings. They do not have rights. The concept does not apply to them. Nothing has rights only because it happens to be "alive" or "sentient". Do not use "rights" as a floating abstraction divorced from its meaning and necessity as a moral concept pertaining to human, i.e., rational, beings as entities, and do not treat human individuals as "nothing more than a group of cells".
So I ask you one last time, at what point do you think that group of cells become a living human being?
But they don't have additional "rights" as entitlements as a result of weakness. No one does. There are no entitlements to assistance by others as a duty. Rights are moral principles defining freedom of action, not claims on others. There are adults with limited capacities within that small minority who are able to function in at least low level jobs with the assistance of others willing to help them. But they have no right to demand it as a burden imposed on others.
I would argue that to be not only an arbitrary condition but a refuted argument on top of that. The unborn can feel pain and detect light and dark. They can (and do) respond to familiar voices. Anyone who has put a hand on the stomach of a pregnant woman to feel the kick or movement of the unborn will testify that they absolutely do respond to external stimuli.
"Before birth it's not a biologically separate entity at all"
An infant in the womb is composed of separate DNA and separate appendages and organs. It has its own blood supply separate and apart from the mother's. Its digestion system is separate and distinct from the mother's as well. It is a completely separate person from the moment of conception - a dependent one to be sure, but distinct. When birth takes place, does the mother lose a portion of her own organs to the new baby? No. She expels what was connected not to her, but to the baby.
The newborn infant has been born. That is what separates it.
"[E]ven a preconceptual infant has the power to look around or not look, to listen or not listen. He has a certain minimal, primitive form of volition over the function of his senses." [IOE] That is the beginning of rationality.
I am in agreement with what you have said, ewv, throughout this thread. I think that is what Ayn Rand meant in her writings, but to get that point requires interpretation beyond what Rand wrote, and I am experienced enough to know that Rand often would disagree vehemently, yet reasonably, when someone misinterpreted what she wrote.
No one can explain every point in exhaustive detail in their writings; a little further explanation consistent with ewv's interpretation would have been helpful.
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