Thursday, January 22, 2009

To be a right or not to be a right?

I understand Wellman's concept that the rights we claim we have are easily taken advantage of now days which has led to the proliferation of our rights. He uses the example of our right "to national holidays", and "animals rights compared to humans" as a way to explain how the language of rights even in our political rhetoric distorts the origin and real meaning of the reasons we have rights in the first place. I view our moral/legal rights originated universally by the experiences that we individually share. For example if I do not like pain then I can assume that you do not either, therefore I have no right to inlflict pain on you without it being permitted to be afflicted on me. Wellman quotes Maurice Cranston who states that "A human right is something of which noone may be deprived without a grave affront of justice"(3). I feel that even in countries besides the U.S. that this is the definition that is used to apply rights. Many may disagree because in plenty countries they do not sare the same rights as we do in the United States although the majority of them are still justified through a judicial system.

As the optimistic cynic and someonelse noted, Welman names morals rights as the "alleged moral rights" never really stating that we do have them so I question how is it that he feels that moral rights go "hand in hand" with legal rights if you never admit to us having moral rights in the first place? I am confused by his notion to neglect the origin of moral rights but believe that the legal system is there to enforce them.

Regan I disagree that Wellman believes that human rights are individualistic. Maybe now the public discourse and terms rights is an individualistic manipulation to avoid social responsibility (i.e, "paid holidays off work"), but the origin of human rights or moral rights is universal and a collective response to the treatment of human beings. It is a universal understanding to the right to life and to the right to liberity it just varies on what country law choose to follow all the said moral and human rights.

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