For example, if rights were invented by the government, there would be nothing about slavery that was wrong. If we say slavery violates the right to liberty, then we are saying that the right to liberty is inherent.
Might makes right. Liberty, free speech, facts, etc. are apparently just nice theories from a more enlightened time.
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This is one of those cases. I think we’d all be better off with an absolute basis for rights than a relativistic one.
It’s also how you get people arguing that the rights people have in some places (e.g. healthcare, higher education) aren’t legitimate rights even though they most certainly are.
African Americans didn't earn the right to not be enslaved. They always had the innate human right to liberty regardless of what the law said, abolitionists defeated the oppressors that suppressed their innate rights to liberty.
You’re talking about the philosophical basis for how we come to our individual beliefs about what rights we should have. Note that the conversation is teetering on the edge of an appeal to the law fallacy: what the law currently says is entirely irrelevant when considering what it should say. To say that slavery is legal is not to say that it is moral, it’s just a question of fact.
In any case, if you have an absolute basis for rights I’d like to hear it. I’m not an expert and I’m curious about people’s theories about these things.
Societies based on free men do far better than societies based on slaves. Armies of volunteers are much more formidable than armies based on conscripts. Economies based on free markets are much more prosperous than command economies.
I don't know what you'd find compelling, but I see a consistent pattern there. It's almost as if being free confers an inherent advantage. :-/
Anyhow, if you had a job where you are paid to work and could leave any time to get a better job, would you say you'd perform better at the job than if you were forced to work there and whipped if the overseer didn't like your work?
In a relativistic basis for rights, there is not "reviewing what we consider immoral", because morality is just "what every we consider moral". Slavery is moral (at least in 1850s America) because the consensus was that it is ok. Under an absolute basis for rights, it's clear that slavery was wrong then, and wrong now, and will always be wrong (regardless of what the law or consensus says).
> There is nothing inherently moral
Morality has nothing to do with rights.
> There is nothing inherent or inalienable about them.
Oh yes there is. The proof is simple - societies that guarantee those rights thrive. Those that abrogate them, do not.
60% of society voting to enslave the other 40% does not make it right.
> they can't be imposed
They sure can be. The Union imposed freedom on the Confederacy, by force. The Allies imposed freedom on the Axis in WW2, by force.
I don't recall any slaves that were unhappy that the US went in and freed them.
One thing I'm willing to agree with you on is that the justifications used by those who believed in slavery were "wrong" - they made assumptions about the biological characteristics of people based on their skin colour or country of origin that weren't justified on any scientific or humane basis. There's really no excusing any sort of belief that people who are clearly capable of the full range of human emotions and thought processes were somehow subhuman and not deserving of free man status. Perhaps there's never been an example of slavery in society that wasn't accompanied by such beliefs, and on that basis I'd accept that all existing examples of slavery that I know of, past or present, are "wrong".
Natural evolution. Human nature.
> would you argue that those same rights were still "natural"/unalienable etc. even in a society that universally didn't accept them?
Yes, and I did just that in this thread.
> Or are they all wrong too?
Humans are full of false beliefs. If they believe that man does not have a right to liberty, then they are wrong, just as wrong as believing that throwing virgins into volcanoes assures a good harvest.
Then you wouldn't be complaining about injustice if you were enslaved, right?
Slavery (or it's near equivalent: peasantry) was not considered unnatural for the vast majority of human history, really up until modern era. As horrible as it was, it was also the basis of many feudal economies the world over, and it probably powered societies through the dawn of agriculture, so at least 10k years. Prior to that, hunter gatherer groups also raised other groups and took slaves.
Industrialization had more to do with slavery's eventual decline than any idea that it was unnatural.
This is reflected in the areas where it ended earlier due to earlier industrialization (England, the Northern States of the US) vs where it ended later due to a persistent preindustrial agrarian society (Russia and the American South).
What is inherent in humans is the capacity for empathy and the ability to mentalize about another human's experience. That can lead to a belief that slavery is wrong, but that belief is in battle with the desire to exploit other humans for your own gain.
Human societies across history and prehistory have always believed in destructive and wrong things of all sorts.
> Free societies have an inherent advantage, as they better fit human nature.
What are the examples of that which are not also essentially industrial vs feudal or technologically primitive societies?
That history seems pretty thin.
What's more likely is that freer societies are better able to harness the abilities of their inhabitants, and unlike slavery/serfdom based states, they don't have to deploy as many resources to defend against their own enslaved inhabitants. It's a triumph of a better organizational structure, not something inherent to human nature.
Otherwise free societies would have become the norm far earlier in history than they did.
I.e. a structure that fits human nature better, making it inherent.
Rome's army consisted of free men, and they conquered everyone else. Slave armies have a poor track record when they come up against free men.
Rome relied heavily on slavery. Slaves were 20-30% of the population [1]. The slaves did the labor that allowed the free men to go fight and conquer others. It's not an example of a free society in the slightest.
1. https://byustudies.byu.edu/further-study-chart/6-4-estimated...
Yeah, but not really.
God is dead and such.
"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness."
Recognizing that, in accordance with the Universal Declaration of Human Rights, the ideal of free human beings enjoying civil and political freedom and freedom from fear and want can only be achieved if conditions are created whereby everyone may enjoy his civil and political rights, as well as his economic, social and cultural rights,
Considering the obligation of States under the Charter of the United Nations to promote universal respect for, and observance of, human rights and freedoms
Realizing that the individual, having duties to other individuals and to the community to which he belongs, is under a responsibility to strive for the promotion and observance of the rights recognized in the present Covenant
Article 19 of the ICCPR deals with freedom of expression, and states: 1. Everyone shall have the right to hold opinions without interference.
2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.
3. The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary:
(a) For respect of the rights or reputations of others;
(b) For the protection of national security or of public order (ordre public), or of public health or morals.
This frames freedom of expression as a positive right, whereas the First Amendment is about negative rights. Also in contrast to the First Amendment, the power to curtail these rights is explicitly given to law-makers, in a limited fashion. Non-legal restrictions on free expression constitute a violation of rights.[0] https://www.ohchr.org/en/instruments-mechanisms/instruments/...
I also think it's useful to frame rights both positively and negatively, and to focus on more than just the government's responsibilities.
Not sure about that. I know friends outside the US who know more about US laws than their own countries' laws.
> Furthermore, this attitude is a fantasy even within the Anglosphere - I live in New Zealand, and I bet not one person in 100 could give me a clear statement of what rights the 1st amendment guarantees and what its limits are, beyond the barest outline.
They don't have to. Popular culture is saturated with a low res version of 1st amendment.
What is more annoying about parochialism is every thing turning into mud slinging on the US.
The fact that it was codified into law in a specific country is an implementation detail. The concepts of liberty in the US documents are philosophical assertions and not related to any nation.
They also happen to be law in the US, but even there they don't really hold force; such "rights" are violated constantly.
It very obviously wasn't [1].
[1] https://en.wikipedia.org/wiki/Slavery_in_the_United_States
It seems like more of an aspirational/marketing meme than anything.
“As a nation, we began by declaring that 'all men are created equal.' We now practically read it 'all men are created equal, except negroes.' When the Know-Nothings get control, it will read 'all men are created equal, except negroes, and foreigners, and Catholics.' When it comes to this I should prefer emigrating to some country where they make no pretense of loving liberty – to Russia, for instance, where despotism can be taken pure, and without the base alloy of hypocrisy.” -Lincoln
Unless you mean the source piece by Ken White itself, which is a specifically about the first amendment and not human rights in general.
So my question would be, what other practical examples would you introduce to the discussion?
[0] https://en.wikipedia.org/wiki/French_Revolution
[1] https://en.wikipedia.org/wiki/Constitution_of_the_United_Sta...
https://en.wikipedia.org/wiki/Press_Freedom_Index
The country I live in (New Zealand) has no constitutional free speech guarantees, and ranks 11th. The US ranks 42nd, behind East Timor, Jamaica, Slovakia, South Africa, and many other places I imagine your average American would not associate with free speech. Now, I have quibbles with the way the Press Freedom Index is assembled, and it only captures one narrow (but important) aspect of what we care about when we speak about free speech. That notwithstanding, my question to you is this: scanning down that list of countries, does it perhaps occur to you that the US may have something to learn from us, rather than the other way round?
https://freddiedeboer.substack.com/p/planet-of-cops
I feel focus on the first amendment gives people of this bent cover: it lets them exert incredible power over speech in every practical way, while claiming that free speech is intact because there's no violation of the constitution. The fact that we need to clearly rebut people like this is exactly one of the reasons why I feel over-indexing on the constitution is unhelpful.
I'll leave the question of "should a person be branded for life even if they've done everything they can to make things right" for the reader.
Overall quite successful, especially measured by longevity. It has not always been pretty. Politics in the US is a blood sport--sometimes quite literally. And the right to free speech has not been evenly distributed. But there aren't a lot of nations that have offered the level of protection from government suppression offered by the US since the late 1700s. Many of the nations you cite have not enjoyed these freedoms for very long. Nations like Japan and many in Europe also developed their current rights regime under the protection of the US during the post-war period. It's premature to conclude they have done better.
> That notwithstanding, my question to you is this: scanning down that list of countries, does it perhaps occur to you that the US may have something to learn from us, rather than the other way round?
Of course. Just as one example I'm impressed that many European nations do a better job of balancing free speech vs. harms than the US does. For example Germany does not permit Nazi speech, which seems reasonable. They also did a vastly better job of maintaining a civil dialogue about COVID at least early on. [0]
I'm not in any way arguing the US is perfect. You would have to be pretty blind to do that.
[0] https://www.npr.org/2020/03/31/823865329/das-coronavirus-pod...
Being the midst of Donald Trump’s presidency, of course, there were headlines all over the United States: “Reporters Without Borders ranks US among most dangerous countries for journalists!”. The story was perfect clickbait, especially in that political environment.
I’m not saying Reporters Without Borders is untrustworthy. But I’m skeptical of their rankings by default, because being overly pessimistic about the US is an easy way to get lots of attention.
Here’s their report on the US’s ranking in the Press Freedom Index:
https://rsf.org/en/country/united-states
Issues it lists:
• Many media outlets are owned by the wealthy
• Donald Trump denigrated the press
• Local news outlets are declining
• Polarization of media
• Section 230 debates
• Julian Assange
• Citizens don’t trust the media
• Online harassment can harm journalists
• Journalists face “an unprecedented climate of animosity and aggression during protests”
I invite readers to compare these issues to the entries for other countries and judge whether they justify the US’s ranking in this list.
He absolutely did do that. But what he didn't do was suppress the press, jail the reporters, etc.
See "Four more journalists get felony charges after covering inauguration unrest"[1]. PEN America, Protect Democracy and the Yale Law School Media Freedom and Information Clinic also sued the government because of press suppression[2][3].
[1] https://www.theguardian.com/media/2017/jan/24/journalists-ch...
[2] https://www.politico.com/magazine/story/2018/10/16/trumps-at...
https://www.poynter.org/fact-checking/2022/jacinda-ardern-ru...
https://en.wikipedia.org/wiki/European_Convention_on_Human_R...
https://en.wikisource.org/wiki/European_Convention_for_the_P...