Natural Rights and All That

I spoke about "natural" or "God-given" rights. 

The references made sure to note that the terms were used by others. They were "traditional" terms or some such thing. They could be expressed in other ways, including as "fundamental rights." 

Each time, someone felt it necessary to firmly deny such a thing exists. They did not use the dismissive reference to a fake man in the sky or some such. The tone was there. It was also tiresome.

Many people do believe that we are owed rights from birth because nature or nature's god gave it to us. Nonetheless, the terms hold up if we acknowledge (as I provided as an assumption) rights are things we create. The question is how do we create them?

Certain rights are tied to our needs as humans. There are disagreements over exactly what these entail. Certain basic things (rape is bad) generally are agreed upon though even there a few disagree. 

Yes, everything is not truly "self-evident." The Declaration of Independence, however, speak of how "we" hold these truths to be self-evident. "We" are specific society with specific experiences.

We as a society have determined that certain things should be protected because we are humans. Sometimes, such as birthright citizenship, it is because we are born on U.S. soil. The U.N. crafted human rights that should be honored by everyone. 

"Natural" rights can be those rights we create based on our natural needs and desires. Their existence need not only be a matter of inherent reality in nature itself. They are rights we deem necessary above and beyond established law. Established law can uphold slavery.

These rights in that sense are from nature and/or nature's god. God need not be the biblical god that some atheists find it necessary to scorn. God can be a metaphor. We speak in metaphors. Words are symbols.

Philosophers spoke of "natural rights" in a variety of ways. The "state of nature" is a philosophical construct. We never were truly in a state of nature. Our prehistorical ancestors lived in a group. 

Hobbes noted life in a state of nature was not a pleasant experience. The Declaration of Independence argued we form governments to protect our rights. We surrender some of our metaphorical natural rights in return for the security. Liberty is not license.

Next up, judicial review wasn't just created by Marbury v. Madison, and it's fine. The rub is how to do it, including how much of a judicial veto is okay.

(Not really. But that is another thing that pops up now and again, with feeling, especially after the Roberts Court does something stupid.)