Rights
May 25, 2010

Penguin English Library 0 14 043.195 0
Image by scatterkeir via Flickr

Reader lulwa asks:

Where does freedom of speach starts and where does it ends ?

Like with every question in philosophy, there’s no single question to this. A lot of philosophers would even reject the premise—when we talk about freedom of speech, we’re talking about a right, and there’s by no means anything approaching universal agreement that rights even exist.

The very notion of rights is actually a fairly recent innovation, one that has its roots in Enlightenment-era thought. I think the first mention of rights as a concept was made in Thomas Hobbes’ Leviathan (first published in 1651), in which Hobbes suggests that we have natural rights which we forfeit to a supreme leader in exchange for protection and various other benefits.

Personally, I’m a fan of the concept of rights, largely because I don’t think you can have a functional democracy without them. But the argument for natural rights is pretty dubious. Very few proponents of rights would dispute the existence of a universal right to a fair trial, but I don’t think it’s coherent to argue that this is a right that exists outside of human law and society, or somehow prior to the existence of courts that can provide for a fair trial.

So my own view on rights is a form of constructivism, which is the metaethical view that certain ethical claims can be true or false, but that they’re true or false on terms constructed by human society. Rights exist because there is a framework for them to exist in, and they expand along with society’s capacity to accommodate for them.

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