Lobowolf, on Mar 13 2009, 12:25 PM, said:
mikeh, on Mar 13 2009, 11:29 AM, said:
Since the founders believed in a lot of currently unfashionable ideas, we have to hope that the vast majority of US citizens no longer share their peculiar view of god's generosity in handing out fundamental rights.
I don't want to turn this thread into a religious debate, but any attempt to argue that god bestowed rights will quickly run afoul of the problem, in whatever religion we look at, that religion's god seems to be politically incorrect, by current western standards.
I think that our societies in the west generally see women as entitled to equal treatment under the law as that afforded to men. That idea would have been scandalous in the late 1700s... as would have been the 'absurd' notion that 'negros' had the same intrinsic worth and rights as a white man... heck, the founders established a rule that a black person counted only as a fractional human as far as the census was concerned!
If ever we need evidence that individual rights are constructs of society, surely we find it in the changing of views on who has what rights, over time.
I agree, strongly.
However, whether or not you believe that "rights" derive from God, are a social construct, or are inherent in the fabric of the universe, there's still a fundamental question of political philosophy that has to be considered. At their most basic level, are"rights" (whatever they are) something that a citizenry gets from its government, or that a government gets from its citizenry? Whatever inconsitencies and moral flaws the founding fathers of the USA had, I think they got that question dead-on right.
I think that the topic is more complex, and more subtle than is suggested by your phrasing... I stress that I mean no disrespect when I say that.. my own thoughts are at best semi-formed since this is not an area in which I have any particular training or education.
I do think that it is necessary to perform a thought experiment, in the sense of imagining the power structures that prevailed in early human societies... since we are speaking of pre-historical times, even the best informed ideas of anthropoligists must contain some degree of speculation.
We need to do this, in my view, because we cannot understand our current inter-individual relationships without at least attempting to trace how we, as members of our societies, got here from there.
We can look to other primate cultures for some guidance, I suspect, since we share common ancestry and many of our social interactions seem to be meditated by the hard-wired structure of our brains.
I may well be in error, but my understanding is that primates are hierarchical in social structure and it appears that we are as well.. how else do we explain the popular use of 'alpha male', as one example? Or the adoration that Royalty still seems to engender from some parts of society.
If so, it seems to me that in at least one sense 'we' as individuals either assert or bestow authority upon people we see as below or above us in our instinctive hierarchical view.
But as the number of poeple in a given society grew beyond the point when we could 'know' our standing vis a vis everyone else.. when we could no longer actually know everyone else, then matters became more complex, and less directly personal.
Classes would develop.. we'd recognize where we stood in terms of the stratification of society... and from my limited knowledge of history, it does appear that all 'states' ended up with a stratified society.. arguably that still exists today, altho in theory some cultures claim to have moved beyond that.
Once we have stratification, we have different 'rights' according to which strata we inhabit... slaves have the least.... including, and this is difficult for some american partisans to accept, in the USA when it was founded. Women traditonally were not much better off than slaves... indeed, women have been legally defined as property for extended periods of human history, across many cultures.
It seems to me that there is at least an argument that such cultures have a distribution of rights that was not 'bestowed' by the people on the rulers or 'granted' by the rulers to the people, but that sort of evolved as a result of growing complexity impacting instinctive views of hierarchical relationships, which in turn arise, in the smallest societies, from genetically mediated social interaction.
Our debate about whether rights come from the people or the government reminds me of the debate about free will. There is compelling evidence that the 'I' that we like to think is the decision maker for our body is actually a passenger, and a mechanism for telling us, after the fact, why we did something. Nerve impulses triggering a limb action are known to be sent BEFORE we 'decide' to perform the action. Experiments with people who by accident or surgery have had the two sides of their brains disconnected shows that one side will make up a reason for an action performed after the other side was told to do something.
Thus, it seems to me, we may rationalizing an issue as if its outcome were a matter of choice by rational individuals when in fact it is as it were an emergent property of complex factors not subject to rationality at all.
'one of the great markers of the advance of human kindness is the howls you will hear from the Men of God' Johann Hari