I’m talking about the source of rights, that is man’s nature and observations thereof.
Because rights, as such, as legal concepts, you can attack them as “words, words” but you cannot attack the reality from which they are drawn. I say that, for instance, a man’s right to life is inalienable, you call that hubris, but it’s true because it is a fact of reality that a person is alive. And if anyone in society expects to have their life respected they must apply that equally to others, creating mutual respect for life. Thus, to murder, is to deprive of life unlawfully.
Even if someone wrote a law that murder was okay, that would not make it okay, as it denies that ethics have a basis in reality. It should be obvious that murder can never be right, no matter what law is made accepting it, which shows that there is a fundamental objective reality behind what murder is, and it is that which we need to look at when drawing rights.
The best ethical system codified into a system of legally protected rights will seek to align themselves with reality, that is to protect in society that which nature determined in Man.
Thus, we observe that man is living, and create an ethic that policy should respect life, and create a right to life. We observe that man cannot live without obtaining food and other goods, and create a right to own and dispose of lawfully obtained property. We observe that man is free by nature, and conclude that freedom is a right, and build society on the assumption of personal freedom and all of its corollaries (this one’s a big one, including such things as free speech, free association, freedom of the press, etc.). We observe that man is rational, a decision-making animal, and conclude that he is responsible for his decisions, which is what makes legal-prosecution at all cogent, that for any action taken only the person who did it is responsible, barring circumstance, etc.
To say that rights are alienable is akin to saying that mankind can live without eating–as your right to property ensures your ability to eat, that is your ability to take a piece of food (property) and dispose of it for your and purely your use (to eat it).
To say that rights are alienable is akin to saying that the consciousness inside a person does not control everything that person does, that is to deny freedom, and freedom of choice and its consequent responsibility. But that’s ridiculous. Only the consciousness inside can control the actions on the outside.
Rights are not alienable, in the same way that murder will always be murder. A just and true, an objective, legal system is one that codifies into law in accord with the facts of reality. It must observe that man is alive, free, rational, and protect those attributes. If it does so, it allows men to operate in their greatest capacity as men, and the result is the modern world we see around us.
If law does not accord with reality, the result is that men are less effective in their dealings with themselves and others, a situation embodied by countless cultures the world over with no tradition of freedom, reason, and property.
Or are you citing the legal positivism of a constitution that represents a state’s interest in protecting those who qualify as citizens upon the completion of birth or in equal protection for those who must also be born?
Birth is a stupid rubric for qualifying one for rights. What exactly is it about birth itself that should confer rights on someone? That’s a much more important question. And the simply fact is that for every thing about birth you could cite, I will quickly and easily destroy each point you list.
Ethically, there’s no difference between a baby 5 minutes before birth and one 5 minutes after birth. Yet legally there is. This oversight, this injustice, must be changed for the law to remain consistent. Abortion is quite simply murder.
When a lion is killing a gazelle, there is an event, however each has a different subjective realism of the event, hence the assertion of inalienable wrights has gone the way of extinct dinosaurs.
Care to expand. Your point seems to be that a lion and a gazelle both experience the event from different viewpoints, therefore inalienable rights are irrelevant. Come again?
The following quotation is a nice summation of perspectivism, "In so far as the word “knowledge” has any meaning, the world is knowable; but it is interpretable otherwise, it has no meaning behind it, but countless meanings.—“Perspectivism.” —
Just because you accept perspectivism does not force me to
It is little more than relativism, and based on a fundamental error in epistemology. There -is- an epistemological absolute and it is reality and the method of obtaining knowledge is science.
Existence exists. Man’s route for knowing the world, that is for knowing truth, is through perception, the senses. From the senses man abstracts concepts into knowledge.
The gazelle, no matter how much it may want to reinterprate the event of being eaten by a lion (ie: perspectivism), is still going to die. If Nietzsche were correct, science would not work.
As for abortion, certain facts are not in dispute and cannot be reinterpreted to suit your ethical whim:
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The fetus is alive.
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The fetus is human.
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The fetus is separate from the mother bodily.
Since it is both human and alive, anyone consistently applying the non-aggression principle must aggre that to kill it would be an aggression and unethical. Any argument otherwise must show an aggression on the part of the fetus which could be responded to with lethal force (note: I support all abortions done on the basis of the mother’s life imminently in danger, so don’t try that one).