Combining Texts

Ideas for 'The Social Contract (tr Cress)', 'Cogitata et Visa' and 'An Introduction to Political Philosophy (Rev)'

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8 ideas

25. Social Practice / C. Rights / 1. Basis of Rights
Standard rights: life, free speech, assembly, movement, vote, stand (plus shelter, food, health?) [Wolff,J]
     Full Idea: The normal liberal basic rights are right to life, free speech, free assembly and freedom of movement, plus the rights to vote and stand for office. Some theorists add the right to a decent living standard (shelter, food and health care).
     From: Jonathan Wolff (An Introduction to Political Philosophy (Rev) [2006], 4 'Liberty')
     A reaction: I think he has forgotten to add education. In Britain Beatrice Webb seems to have single-handedly added the living standard group to the list.
If natural rights are axiomatic, there is then no way we can defend them [Wolff,J]
     Full Idea: The theory of basic natural rights is problematic, because although the theory is rigorous and principled, the disadvantage is that we are left with nothing more fundamental to say in defence of these rights.
     From: Jonathan Wolff (An Introduction to Political Philosophy (Rev) [2006], 4 'Liberty')
     A reaction: This is a nice point about anything which is treated as axiomatic - even Euclid's geometry. Presumably rights can only be justified by the needs of our shared human nature.
If rights are natural, rather than inferred, how do we know which rights we have? [Wolff,J]
     Full Idea: If natural rights have a fundamental status, and so are not arrived at on the basis of some other argument, how do we know what rights we have?
     From: Jonathan Wolff (An Introduction to Political Philosophy (Rev) [2006], 4 'Liberty')
     A reaction: He cites Bentham as using this point. Utilitarianism at least provides a grounding for the identification of possible basic rights. Start from what we want, or what we more objectively need? Human needs, or needs in our present culture?
25. Social Practice / C. Rights / 3. Alienating rights
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.
25. Social Practice / C. Rights / 4. Property rights
Private property must always be subordinate to ownership by the whole community [Rousseau]
     Full Idea: Each private individual's right to his very own store is always subordinate to the community's right to all, without which there could be neither solidity in the social fabric nor real force in the exercise of sovereignty.
     From: Jean-Jacques Rousseau (The Social Contract (tr Cress) [1762], I.9)
     A reaction: This may sound a bit drastic, but every country practices this principle, seen in compulsory purchase orders (e.g. to build a railway line). In liberal democracies you expect good compensation. In communist Roumania you were just moved. Also taxation.
Utilitarians might say property ownership encourages the best use of the land [Wolff,J]
     Full Idea: A utilitarian justification of property rights says allowing people to appropriate property, trade in it, and leave it to their descendants will encourage them to make the most productive use of their resources.
     From: Jonathan Wolff (An Introduction to Political Philosophy (Rev) [2006], 5 'Locke')
     A reaction: This obviously has a point, but equally justifies confiscation of land from people who are not making best use of it. In Sicily many landowners refused to allow the peasants to make any use at all of the land.