People seemed to enjoy the discussion in the original article, so I’m going to expand on it based on some of the conversation we had in the comments. As noted in the comments, August is employing the Socratic method. In real life, August is a Being your own Socrates | sHR.classmate from law school who was a philosophy major. He and I enjoy sipping bourbon, smoking pipes, and talking politics, philosophy, and theology.

In the original article, I made the assertion that rights are meaningless outside of a relationship. I also asserted that rights are definitions of the boundaries of authority between co-equal entities (man to man; man to human institution). In this article, I will address some of the points brought up in the comments: conflicting rights, objective v. subjective rights, negative v. positive rights, how rights flow from self-ownership.

The conversation picks up at the end of the prior article:

AUGUST: So if rights are based on authority and the equality of man, are you saying that rights are attempts to prevent inequity between men and between man and institutions created by man?

OSCAR: Yes! As with any co-equal relationship, there are certain things solely in the domain of the first, other things that are solely in the domain of the second, and some things that are in an overlapping domain between the two. For example, parenting.

AUGUST: So, in this Venn Diagram description, your domain is your rights with respect to me, my domain is my rights with respect to you, and the shared domain is collective rights between us and conflicting rights between us. How can rights conflict if they are natural?

OSCAR: Well, this is more of a semantic difference. Either you can paint with broad strokes (“right to life; right to play loud music; right to swing your arms”) and deal with conflicts of the rights (“my right to swing my arm ends at your nose”), or you can paint more carefully (“right to swing your arms in open portions of your personal space”) and not have to deal with conflicts. Either way, there is a limit to the extent of your rights where you begin to infringe somebody else’s rights.

AUGUST: This still seems fuzzy. How do you know when you’re infringing somebody else’s rights?

OSCAR: Well, we need to know how to identify a right in order to be able to tell if we’re infringing on rights. There are two things called “rights” these days. One is negative rights, and the other is positive rights. Positive rights are largely a misnomer in the context of strangers (including the government). The only relationship in which positive rights make sense is the dependent/caretaker relationship. This is why people refer to the “Nanny State” when government enshrines positive rights in law. Negative rights, however, are natural rights. They derive from self-ownership. Negative rights are things whose direct, tangible consequences are felt only by the rights owner and consenting others. In essence, you are the sovereign of your own vintage seminude woman reading by MementoMori-stock on DeviantArtdomain; only you have the authority to make decisions that result in consequences to only you. Thus, you are infringing on somebody else’s rights when you do something that keeps them from exercising sovereignty over themselves and their property.

AUGUST: Direct, tangible consequences? Like economic externalities, emotional effects, and social consequences?

OSCAR: No, usually rights violations are one of three categories: force, fraud, and coercion. Nobody forces you to feel a certain way. Nobody coerces the market to ripple when you make a transaction. Nobody forces society to react to your actions. All of these consequences to the exercise of rights may be of concern to people and to society at large, but they are outside of the authority of strangers and the government to resolve by infringing on the free exercise of rights.

AUGUST: But we discussed before that there are times when you can use force, like in self-defense. It seems like you can’t use force until you can.. it’s all very arbitrary sounding.

OSCAR: Not at all. There is a basic principle that you can respond to immoral force with force of your own, but you cannot initiate immoral force: the non-aggression principle.

AUGUST: Ah, so when my neighbor accidentally steps on my side of the property line, I get to kill him?

OSCAR: No, the NAP is better seen as a negative limitation than a positive one. The NAP tells you when you CAN’T use force, but doesn’t dictate HOW you can use force when it is not immoral to do so. There are rules of proportionality that are outside the scope of rights.

AUGUST: That is all well and good, but I’m still not convinced that negative rights are a necessary consequence of self-ownership.

OSCAR: Ownership implies control. If you own yourself, you have control over your actions. Ownership also implies exclusivity as to strangers. There can be co-owners of something, but co-ownership implies a consenting relationship. You cannot be a co-owner with a complete stranger. Therefore, absent consensual abdication of your self-ownership, your claim to your own body and to your actions is exclusive. As previously discussed, the only time this changes is when your actions cause direct, tangible consequences to non-consenting others.

Part of your actions include your labor. You are the owner of your labor, including the economic value of your labor. Economic value of your labor can be traded for physical property, which makes you exclusive owner of capital. Throughout this entire chain, your exclusive ownership and control has not been severed unless consensually negotiated for. Therefore, self-ownership implies control over your actions, your labor, and your property, up to the point where you cause direct, tangible consequences to non-consenting others. It is important to note here that the direct, tangible consequences need to be caused against a legitimate claim of the non-consenting other. If I buy the Mona Lisa, I deprive you of being able to see it. However, you have no legitimate claim to the Mona Lisa because you have no grounds to claim ownership of the Mona Lisa.

AUGUST: What’s the point of all of this if a “might makes right” government comes in and imposes its will on you?

OSCAR: Rights are not subjective. Negative rights are natural outcroppings from the physical reality of self-ownership. Positive rights are natural outcroppings of the duties that are inherent in a caretaker role. Practical infringements of rights do not affect the ethical reality of rights.

AUGUST: Do you have the right to do something that is wrong?

OSCAR: In my definition of rights as authority boundaries between co-equal entities, the question is somewhat irrelevant. If your “wrong” thing does not involve using force, fraud, or coercion on a non-consenting other, then government has no rightful authority to stop you. However, this says nothing of the inherent morality of your actions. You could perpetrate a horrible evil against yourself (or against God, for those who believe), and it would no more be within the government’s rightful authority than if you did a great good for yourself (or for God, for those who believe).

 

For a detailed treatment of this question and other related topics, I turn it over to Milton Friedman (1 hr youtube vid).