| 7402 | Everyone has a right of self-preservation, and harming others is usually unjustifiable [Grotius, by Tuck] |
| Full Idea: Grotius said that all men would agree that everyone has a fundamental right to preserve themselves, and that wanton or unnecessary injury to another person is unjustifiable. | |
| From: report of Hugo Grotius (On the Law of War and Peace [1625]) by Richard Tuck - Hobbes Ch.1 | |
| A reaction: Who cares if it is 'justifiable'? Do I have to 'justify' killing a mosquito if it lands on my arm? Grotius is taking a step beyond saying that people should defend themselves, to say that they have a 'right' to - the only truly basic right. |
| 7412 | Spinoza extended Hobbes's natural rights to cover all possible desires and actions [Spinoza, by Tuck] |
| Full Idea: It was Spinoza who extended the idea of natural rights to cover all possible desires and actions, and he did so knowing that he was transforming Hobbes's theory. | |
| From: report of Baruch de Spinoza (The Ethics [1675]) by Richard Tuck - Hobbes Ch.2 | |
| A reaction: Hobbes had stuck to self-preservation. His problem was how to draw a line, saying that was a natural right, but there wasn't a natural right to a good bottle of claret. Spinoza's drastic solutions suggests that the whole approach is wrong. |
| 19914 | In nature everything has an absolute right to do anything it is capable of doing [Spinoza] |
| Full Idea: Since the universal power of nature is only the power of all individual things together, it follows that each individual thing has the sovereign right to do everything it can do, or the right of each thing extends as far as its determined power extends. | |
| From: Baruch de Spinoza (Tractatus Theologico-Politicus [1670], 16.01) | |
| A reaction: A typically ruthless Spinoza idea, very different from the rather ill-founded claims of Locke and Rousseau about the state of nature. |
| 19915 | Natural rights are determined by desire and power, not by reason [Spinoza] |
| Full Idea: Each person's natural right is determined not by sound reason but by desire and power. For it is not the case that all men are naturally determined to behave according to the rules and laws of reason | |
| From: Baruch de Spinoza (Tractatus Theologico-Politicus [1670], 16.03) | |
| A reaction: Locke would have been horrified by this. It looks like hopeless unfounded optimism to claim a natural right to anything. Doomed prey can struggle all it likes, but its right to do so seems irrelevant. Yet we see self-evident injustice all the time. |
| 19866 | The rational law of nature says we are all equal and independent, and should show mutual respect [Locke] |
| Full Idea: The state of Nature has a law of Nature to govern it, which obliges everyone, and reason, which is that law, teaches mankind that all being equal and independent, no one ought to harm another in his life, health, liberty or possessions. | |
| From: John Locke (Second Treatise of Government [1690], 006) | |
| A reaction: He adds that this is because we are all the property of God. Locke is more optimistic than Hobbes or Rousseau about this, since he thinks we have a natural obligation to be nice. |
| 19872 | The animals and fruits of the earth belong to mankind [Locke] |
| Full Idea: All the fruits the earth naturally produces, and beasts it feeds, belong to mankind in common, as they are produced by the spontaneous hand of Nature. | |
| From: John Locke (Second Treatise of Government [1690], 026) | |
| A reaction: Not a popular view among 21st century ecologists, I guess, but this remains the implicit belief of anyone who goes hunting in the woods, and our enclosed gardens seem to endorse the idea. |
| 19907 | There is a natural right to inheritance within a family [Locke] |
| Full Idea: Every man is born with a right before any other man, to inherit, with his brethren, his father's goods. | |
| From: John Locke (Second Treatise of Government [1690], 190) | |
| A reaction: If a child is fully grown, they may well have drifted into a state of partial ownership of the goods of the parent, of which it would be hard then to deprive them. It is hard to see this as a natural right of tiny orphaned infants. |
| 3732 | Rational beings have a right to share in the end of an action, not just be part of the means [Kant] |
| Full Idea: A violator of the rights of man intends to use the person of others merely as a means, not considering that they should be used only as beings who must themselves be able to share in the end of the very same action. | |
| From: Immanuel Kant (Groundwork of the Metaphysic of Morals [1785], 430.68) |
| 21082 | A power-based state of nature may not be unjust, but there is no justice without competent judges [Kant] |
| Full Idea: The state of nature need not be a state of injustice merely because those who live in it treat one another in terms of power. But it is devoid of justice, for if a dispute over right occurs in it, there is no competent judge to give valid decisions. | |
| From: Immanuel Kant (Metaphysics of Morals I: Doctrine of Right [1797], §44) | |
| A reaction: Could you not achieve justice by means of personal violence? Might not a revered older person have been accepted as a judge? |
| 21071 | There can be no restraints on freedom if reason does not reveal some basic rights [Kant] |
| Full Idea: If there is nothing which commands immediate respect through reason, such as the basic rights of man, no influence can prevail upon man's arbitrary will and restrain his freedom. | |
| From: Immanuel Kant (True in Theory, but not in Practice [1792], 2-Concl) | |
| A reaction: I think this is the nearest Kant gets to natural rights. It is hard to see how basic rights can be identified by pure reason, without some inbuilt human values. Kant's usual move is to say denial of them leads to a contradiction, but I'm going off that. |
| 20977 | Natural rights are nonsense, and unspecified natural rights is nonsense on stilts [Bentham] |
| Full Idea: Natural rights is simple nonsense: natural and imprescriptible rights, rhetorical nonsense — nonsense upon stilts. | |
| From: Jeremy Bentham (Anarchical Fallacies: on the Declaration of Rights [1796]) | |
| A reaction: If you want your opinion to be remembered, express it memorably! I take natural rights to be the basic principles and values which are obvious to almost everyone when they come for formulate legal rights (which are the only true rights). |
| 21785 | We are only free, with rights, if we claim our freedom, and there are no natural rights [Hegel, by Houlgate] |
| Full Idea: Hegel says we are only truly free, and so bearers of rights, in so far as we claim our freedom. ...So there are no merely natural rights, and animal's have no rights. | |
| From: report of Georg W.F.Hegel (Lectures on the Philosophy of Right [1819], p.78) by Stephen Houlgate - An Introduction to Hegel 08 'Rights' | |
| A reaction: If there are no natural rights, then it is hard to see how claiming a right will create it. I can't create a right to drink the best champagne. It seems particularly unjust to deny rights to people so enslaved that freedom has never occurred to them. |
| 22790 | We cannot assert rights which are unnatural [Hegel] |
| Full Idea: No one can assert a right against nature. | |
| From: Georg W.F.Hegel (Elements of the Philosophy of Right [1821], 244 add) | |
| A reaction: Although the existence of natural rights is dubious (or nonsense, for Bentham), this is a vague but sensible constraint on what can plausibly be asserted as a right. The rights we create in society must respond to natural needs. |
| 3774 | Rights are a matter of justice, not of benevolence [Mill] |
| Full Idea: Wherever there is a right, the case is one of justice, and not of the virtue of benevolence. | |
| From: John Stuart Mill (Utilitarianism [1861], Ch.5) |
| 3773 | No individual has the right to receive our benevolence [Mill] |
| Full Idea: No one has a moral right to our generosity or beneficence, because we are not morally bound to practise those virtues towards any given individual. | |
| From: John Stuart Mill (Utilitarianism [1861], Ch.5) |
| 14822 | If self-defence is moral, then so are most expressions of 'immoral' egoism [Nietzsche] |
| Full Idea: If we accept self-defense as moral, then we must also accept nearly all expressions of so-called immoral egoism. | |
| From: Friedrich Nietzsche (Human, All Too Human [1878], 104) | |
| A reaction: I find this idea rather disconcerting, because I have always thought that the clearest possible 'natural right' was that of self-defence - but this implication (if it be so) had never struck me. Hm. |
| 23836 | Obligations only bind individuals, not collectives [Weil] |
| Full Idea: Obligations are only binding on human beings. There are no obligations for collectivities, as such. | |
| From: Simone Weil (The Need for Roots [1943], I 'Needs') | |
| A reaction: I take it that 'as such' excludes the institutions created by collectivities, such as parliaments and courts. A nomadic tribe seems to have no duties, as a tribe, apart from mutual obligations among its members. Does this excuse crimes by the tribe? |
| 21940 | Nature is not the basis of rights, but the willingness to risk death in asserting them [Foucault] |
| Full Idea: The decision 'to prefer the risk of death to the certainty of having to obey' is the 'last anchor point' for any assertion of rights, 'one more solid and closer to the experience than "natural rights"'. | |
| From: Michel Foucault (works [1978], EW III:449) | |
| A reaction: I recall a group of Afrikaan men going to face certain death, rather than give up apartheid. |
| 8050 | There are no natural or human rights, and belief in them is nonsense [MacIntyre] |
| Full Idea: There are no natural or human rights, and belief in them is one with belief in witches and in unicorns. | |
| From: Alasdair MacIntyre (After Virtue: a Study in Moral Theory [1981], Ch. 6) | |
| A reaction: His point is that the notion of 'rights' only arises out of a community. However, while you might criticise an individual for absurdly asserting all sorts of dubious rights, no one could criticise them if they asserted the right to defend their own life. |
| 7595 | The idea of a right seems fairly basic; justice may be the disposition to accord rights to people [Scruton] |
| Full Idea: The idea of a right seems to be as basic as any other; we might even define justice in terms of it, as the disposition to accord to every person his rights. | |
| From: Roger Scruton (A Dictionary of Political Thought [1982], 'rights') | |
| A reaction: I am inclined to think that a set of fairly pure values (such as equality, kindness, sympathy, respect) must be in place before the idea of a right would occur to anyone. Aristotle has a powerful moral sense, but rights for slaves don't cross his mind. |
| 5660 | Allegiance is prior to the recognition of individual rights [Scruton] |
| Full Idea: Personally I regard allegiance, in the manner of Hegel, as prior to the recognition of individual rights. | |
| From: Roger Scruton (Short History of Modern Philosophy [1981], Bibliog) | |
| A reaction: Scruton notoriously generates rather right-wing views from this basis, but it is also the basis of communitarianism, which can take a softer form. It seems to me self-evident that rights cannot be the prime concept in a society. What society? |
| 23262 | Experience, sympathy and history are sensible grounds for laying claim to rights [Grayling] |
| Full Idea: Personal experience, social sympathies, and history together licence laying claim to rights …which we see to make good mutual as well as individual sense. | |
| From: A.C. Grayling (The Good State [2020], 6) | |
| A reaction: There are no such thing as natural rights, but there are clearly natural grounds on which it is very reasonable to base a claim for legal rights. If positive rights are just arbitrary, or expressions of power struggles, that is crazy. |