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25. Social Practice / C. Rights / 3. Alienating rights

[people's choice to give up some rights]

15 ideas
If we seek peace and defend ourselves, we must compromise on our rights [Hobbes]
     Full Idea: From the first law of nature (that we seek peace, but also defend ourselves) comes the second: that a man be willing to lay down his rights to all things, and be contented with so much liberty against other men as he would allow other men against himself.
     From: Thomas Hobbes (Leviathan [1651], 1.14)
Forming a society meant following reason, and giving up dangerous appetites and mutual harm [Spinoza]
     Full Idea: People had to make a firm decision to decide everything by the sole dictates of reason (which no one dares contradict openly). They had to curb their appetites if it would hurt someone else, and not do to others what they did not want done to themselves.
     From: Baruch de Spinoza (Tractatus Theologico-Politicus [1670], 16.05)
     A reaction: The last bit invokes the Golden Rule. Being in society does indeed meaning curbing appetites, such as envy and lust.
People only give up their rights, and keep promises, if they hope for some greater good [Spinoza]
     Full Idea: No one will give up his right to all things, and absolutely no one will keep his promises, except from fear of a greater ill or hope of a greater good.
     From: Baruch de Spinoza (Tractatus Theologico-Politicus [1670], 16.06)
     A reaction: I think Locke and Rousseau would agree with this. It is hard to imagine doing anything other than in hope of a greater good. But what to do when your hopes are disappointed?
Once you have given up your rights, there is no going back [Spinoza]
     Full Idea: If people had wanted to keep any right for themselves, they should have made this provision at the same time as they could have safely defended it.
     From: Baruch de Spinoza (Tractatus Theologico-Politicus [1670], 16.08)
     A reaction: Spinoza is wonderful for grasping nettles. The other fans of social contracts seem blithely cheerful about how it is going to work out. But forming a society is like marriage - a risky commitment which could go horribly wrong.
In democracy we don't abandon our rights, but transfer them to the majority of us [Spinoza]
     Full Idea: In a democracy no one transfers their natural right to another in such a way that they are not thereafter consulted, but rather to the majority of the whole society of which they are part.
     From: Baruch de Spinoza (Tractatus Theologico-Politicus [1670], 16.11)
     A reaction: At this time democracy means Athenian direct democracy. In representative democracy you are only consulted once every few years, and in between the government can ignore the people (as Rousseau pointed out).
No one, in giving up their power and right, ceases to be a human being [Spinoza]
     Full Idea: No one will ever be able to transfer his power and (consequently) his right to another person in such a way that he ceases to be a human being.
     From: Baruch de Spinoza (Tractatus Theologico-Politicus [1670], 17.01)
     A reaction: Spinoza disdains natural rights, but this is a modest (and pretty uncontroversial) concession.
Everyone who gives up their rights must fear the recipients of them [Spinoza]
     Full Idea: People have never given up their right and transferred their power to another in such a way that they did not fear the very persons who received their right and power, and put the government at greater risk from its own citizens than from its enemies.
     From: Baruch de Spinoza (Tractatus Theologico-Politicus [1670], 17.01)
     A reaction: I take this idea to be Rousseau's key motivation for the idea of the general will, because you are there supposed to be alienating your natural rights to yourself (sort of). In a democracy you alienate them partly to yourself.
The early Hebrews, following Moses, gave up their rights to God alone [Spinoza]
     Full Idea: The Hebrews being in this natural state, they resolved, on the advice of Moses in whom they all had the greatest trust, to transfer their right to no mortal man but rather to God alone.
     From: Baruch de Spinoza (Tractatus Theologico-Politicus [1670], 17.07)
     A reaction: [He cites Exodus 24:7] He calls this the first Hebrew state, which seems to have depended heavily on Moses. Priests and prophets become crucial in this situation, and they may be in conflict about God's commands.
We all own our bodies, and the work we do is our own [Locke]
     Full Idea: Every man has a 'property' in his own 'person'. This nobody has any right to it but himself. The 'labour' of his body and the 'work' of his hands, we may say, are properly his.
     From: John Locke (Second Treatise of Government [1690], 027)
     A reaction: He doesn't have any grounds for this claim. Why doesn't a cow own its body? He slides from my ownership of my laborious efforts to my ownership of what I have been working on. I can't acquire your car by servicing it.
There is only a civil society if the members give up all of their natural executive rights [Locke]
     Full Idea: Wherever any number of men so unite into one society as to quite every one his executive power of the law of Nature, and to resign it to the public, there and there only is a civil society.
     From: John Locke (Second Treatise of Government [1690], 089)
     A reaction: This seems to mean that you must give up your active ('executive') natural rights, but not your passive ones (which are inviolable).
If we all give up all of our rights together to the community, we will always support one another [Rousseau]
     Full Idea: The social compact reduces to a single clause, namely the total alienation of each associate, together with all of his rights, to the entire community. Since this condition is equal for everyone, no one has an interest in making it burdensome for others.
     From: Jean-Jacques Rousseau (The Social Contract (tr Cress) [1762], I.6)
     A reaction: He speaks elsewhere of basic natural rights which can never be alienated, such as self-defence. It is what small groups do all the time, if they start off as equals. Difficult to manage with large groups. Factions are the problem.
In society man loses natural liberty, but gains a right to civil liberty and property [Rousseau]
     Full Idea: What man loses by the social contract is his natural liberty and the absolute right to anything that tempts him; what he gains is civil liberty and the legal rights of propery in what he possesses.
     From: Jean-Jacques Rousseau (The Social Contract (tr Cress) [1762], I.8)
     A reaction: It is an appealing idea that the purpose of society is to increase liberty, not to restrict it. That, on the whole, is my view. American libertarianism opens up the world to gun crime, vigilantes, pornographers and bounty-hunters.
We alienate to society only what society needs - but society judges that, not us [Rousseau]
     Full Idea: Each person alienates, by the social compact, only that portion of his power, his goods, and liberty whose use is of consequence to the community; but we must also grant that only the sovereign is the judge of what is of consequence.
     From: Jean-Jacques Rousseau (The Social Contract (tr Cress) [1762], II.04)
     A reaction: The weakness here is how society sees its needs. He seems to assume that two societies will arrive at almost identical general wills, but Spartans, Prussians and Serbs may require the lives of your children for the state.
In the contract people lose their rights, but immediately regain them, in the new commonwealth [Kant]
     Full Idea: By the original contract all members of the people give up their external freedom in order to receive it back at once as members of a commonweath.
     From: Immanuel Kant (Metaphysics of Morals I: Doctrine of Right [1797], §47)
     A reaction: This tries to give the impression that absolutely nothing is lost in the original alienation of rights. It is probably better to say that you give up one set of freedoms, which are replaced by a different (and presumably superior) set.
You can't make a contract renouncing your right to make contracts! [Kant]
     Full Idea: No one can voluntarily renounce his rights by a contract ..to the effect that he has no rights but only duties, for such a contract would deprive him of the right to make a contract, and would thus invalidate the one he had already made.
     From: Immanuel Kant (True in Theory, but not in Practice [1792], 2-2)
     A reaction: Kant tries to establish all of his principles by showing that their denial is contradictory. But this example is blatantly wrong. King Lear didn't nullify his previous legislation when he abdicated, and his two daughters legally kept their territories.