Sorry for the length of this post, but it, along with the links provided, sums up everything I've argued in one place, answers your concerns, accordingly, long the way, ties up a few loose ends, and encapsulates all of the fundamental principles and themes of natural law.
While I appreciate the distinction you're making between universal qualities and inherent qualities, and especially your insight regarding the essence of natural law in accordance with the Anglo-American tradition--that's refreshing!--the rational forms and logical categories of human consciousness and moral decision would necessarily be inherently hardwired in order to be universal. In other words, its interesting that you grasp the fact that the mutual obligations of morality are the essence of natural law in the history of its exegesis, though you hold the latter to be a mere corollary in some sense: in nature, I don't know of any universal quality in any given category of thing that isn't also inherent in that category of thing.
Besides, the reason that all humans know that its wrong to murder or to oppress or to steal from others is because they would not have anyone do these things to them. Hence, everyone knows where their rights end and the rights of others begin. Even the sociopath/psychopath knows this. He just doesn't care, as one who's bereft of moral shame and empathy, until these things are perpetrated on him.
Excellent point. It forces me to clarify my own position in a meaningful way and that rarely happens on here. Many thanks.
My reply is that I'm not saying human beings don't have these hard wired. I've said indeed there is a biological component that pervades all culture. You can call it the golden rule but we don't really know much about this topic;
though good work has been done by John Mikhail on this subject.
But when you say that
we don't know much about the topic, you mean that science has just scratched the surface of a very complex matter. God's word tells us the
whole story and divulges the fact that we are created in His image.
Now bear with me. For we need not debate the actualities of the transcendent realm of being to which the immanent realm of being is contingent, as one need not appeal to the existence of God, for example, in order to immediately demonstrate the actuality of natural rights, their character or the fact that they are absolute and inherently universal. That the rational forms and logical categories of human consciousness and moral decision are absolute and universal is self-evident, and it is the Anglo-American tradition of natural law proper on which this was nation founded: the classical liberalism extrapolated from the sociopolitical ramifications of Judeo-ChristianityÂ’s
ethical system of thought.
(See link: Do Natural Rights Exist Without Government ? - Page 62 - US Message Board - Political Discussion Forum.)
Those who pooh-pooh the observation that America was ultimately founded on the principles of Judeo-Christianity simply don't know the history of the development of natural law proper. The tradition of natural law of this nation's founding begins in earnest with Augustine of the Third Century, though it's adumbrations may be traced back to the Apostolic Fathers of the Second Century. As handed down to us, its culmination is that which is propounded, principally, by Locke in his
Two Treatises of Civil Government and by Sidney in his
Discourses Concerning Government in which the ontological justification for natural law proper is predicated on the biblical imperatives concerning the ultimate Origin of natural morality and rights, and those of human conduct and human interaction.
(Never forget, however, that the imperatives of natural morality and natural rights have been recognized and expressed since the dawn of man, albeit, under variously different terms: the stuff of mere semantics, not the stuff of any ontological difference. Given the fact that the substance of these motifs is absolute and universal, this shouldnÂ’t surprise anybody.)
Some think to make much ado over nothing, really, by pointing out that many of the Founders were Deists, followed by the non sequitur of historical ignorance that America, therefore, was not founded on the principles of Judeo-Christianity. On the other hand, others carelessly claim with no caveat anywhere in sight that America is a Christian nation, which may be construed to mean something that is false. The sense in which America is a Christian nation goes to the sociopolitical principles of its founding ethos and to the pertinent concerns of liberty exerted against its government. These principles are ultimately derived from scripture; and in accordance with God's perfect will, scripture eschews the supposed divine right of kings and theocracy, as the trappings of such invariably conspire against the exigencies of free will and those of the proper relationship between God and man, or, if you prefer, between the convictions of one's conscience and the behavioral expressions thereof, relative to the prerogatives of free-association and private property as informed by the construct of individual liberty, not by any construct asserted by collectivists.
Hence, we have the essential powers of government—executive, legislative, judicial—distinguished by Augustine, separated via a system of checks and balances by Montesquieu, explicitly limited via the terms of the social contract by Locke, Sidney and others. The latter also entails the necessity of separating church and state, and the peoples' inalienable right of revolt in order to put down the despotic trappings of monarchy and/or theocracy in whatever guise they may persist or arise. Those who claim that the principle of the separation of church and state is not in the Constitution are mistaken. It most certainly is. What they're reacting to is the Jacobins'/Marxists' (that old society of friends and fellow travelers of the "progressive" way) bastardized application of it in case law.
(For example, the leftist Warren Court intentionally turned the principle on its head, effectively making the public education system the state's "church" and making secular humanism it's "religion." See link: Prufrock's Lair: Revisions and Divisions.)
Aside from the affirmation that God (or
the Creator in the Declaration of Independence), not the State, is the ultimate Origin and Guarantor of human rights, the sociopolitical principles on which this nation was founded have nothing to do with the mystical aspects of Judeo-Christianity's theology, but with the sociopolitical ramifications of its moral teachings, which both the Christian and the Deist of the time embraced. Hence, so much for the red herring routinely asserted by atheists, in particular, and leftists, in general.
Now, the reason I expound the historical and ideological background of our nation's founding here, as I anticipate the typical objections of ignorance, is to illustrate the reason one must always bear in mind
Who the ultimate Benefactor of our natural rights
is while demonstrating the cogency of their rational and empirical proofs from nature, sweep away the irrelevancies argued by some that obscure the actualities of the matter, and demonstrate the actual nature of certain, remedial prescriptions that would treat imaginary problems to no avail, but
would undermine liberty.
You continue:
So I have no trouble saying these rights exist just like flesh does on our face. But they do not exist outside of our species. The point of this code or natural rights being a portion of biology shows that these rights depend on fundamental recognition of each other as the same and that cannot be done easily without a brain, particularly a human brain. [1] It doesn't ensure we act on them but it sure plays a role. [2] Hence, to say lions afford other lions rights is not intelligible because lions do not have such cognitive capacities. Only when the human brain arrives on the scene do we see natural rights taking form.
Obviously, I wholeheartedly agree with these observations. However, a couple of points:
(1) While the fact of the inherent, universal imperatives of natural morality by themselves do not ensure our obeisance due to the exigencies of free will, the person who fails to act on them will not escape the natural repercussions of violating them as they act on
him. We have all violated them and felt the sting. Those of us who aren't sociopaths/psychopaths care a great deal about these repercussions or should, for the sake of our own best interests . . . with an empathetic heart for the interests of others.
The imperatives of natural law regarding human conduct and human interaction are God's system of checks and balances woven into the fabric of nature. Ultimately, they are the essence of the defensive counterforce exerted by God against the violations of
His inherent rights and the prerogatives of
His authority. Whether you believe it to be true or not, violate another's rights and you have violated God's property. Bear in mind that there are rewards to be reaped by those who observe them, too.
(2) And that's why the historically significant proponents of natural law do not formally equate natural rights to mere abilities or talk about the supposed evidence of them in terms of ability. Instead, they are understood to be, respectively, the inherent or natural attributes of sentient beings, as only sentient beings can apprehend them or grant rights of any kind. Humans, for example can and do grant rights; albeit, these are not the natural rights of man, obviously, but the abstract, political rights or the civil rights/protections administered by government. These are the theoretical, social constructs of political science that the relativists on this thread incessantly harp about.
The corollary here is that humans beings should not grant rights to mere animals, as such foolishness undermines the liberty of human beings. Animals are recourses or property.
On the other hand, the civil liberties of the Bill of Rights are the inalienable natural rights of man asserted by the people against the government as translated from the state of nature into the conventions of the state of civil government, and, by the way, the fundamental political rights of the franchise and representation, for example, are the practical means by which the unabrigable civil liberties are peacefully maintained relative to the mutual bonds of the social contract. These are of the first order. The other civil rights/protections are nonessential privileges, though beneficial insofar as they are reasonable.
Again:
So these natural rights are universal among the human species and do not exist outside the human species. [1] Thus, if we died, so does natural rights as we present them. I guess this was the gist of my "they aren't intrinsic" bit. I don't know if this contradicts or supports your belief but it seems axiomatic, really, once we understand natural rights for what they are. A highly useful description in our current age, even a "true" description, [2] but one that does not extend beyond the human species or into the metaphysical realm we so often wish to ascribe such rights and "truths."
(1) Well, yes, as we present them in natural terms, that's true. However, they are spiritually intrinsic as well. But let's concentrate on the level of their being on which we agree, though my approach in this instance may at first blush seem to be counterintuitive to that goal.
Here I wish to further underscore the importance of bearing in mind the Persons by Whom they are ultimately endowed while illustrating their actuality in nature. Given the incontrovertible fact that they are universally inherent to the nature of sentient beings, the fundamental, innate rights of man, obviously, are not derived from government, but neither can they be transferred to another
nor even taken by another as some have suggested. They are
that absolute.
For this reason, I consistently express their actuality in terms of the mutual obligations of morality with the dichotomic correlates of
light and transient transgressions-prolonged and existential transgressions and
initial force-defensive force in mind. (Some may recognize these correlates as expressed by Jefferson in the Declaration of Independence in some rhetorical flourish or another, but they do not originate with him.) Hence, natural rights are
not inalienable in the sense that they
cannot (ability) be violated or suppressed; they're inalienable in the sense that they
may not (consent) be violated or suppressed without dire consequences, including the use of deadly counterforce. This rendering of the matter entails the understanding that they cannot be transferred to another or taken by another.
As I have observed in other posts, discussing natural rights in terms of ability implies that they are subject to being negated by the whims of other natural agents. But there exists only one Agent Who can terminate them, the same Agent Who endowed them in the first place. Further, given that God is the Author of natural law and the God of nature, given that He is the ultimate Source and Guarantor of human rights: even equating rights to the seemingly benign abilities of thought and expression is foolhardy, for innate rights cease to be rights of any kind at the point where one's rights end and another's rights begin. While one can never violate the natural rights of another human being and, only under relatively rare circumstances, the civil rights of another human being with mere thoughts or expressions, one may quite readily violate the inherent rights of God with one's thoughts and expressions. We humans do it all the time.
(2) We are not alone, and just as the sentient creatures of nature precede and command the trappings of government, wisely or unwisely, God precedes and commands the very existence of nature itself, which is utterly contingent to His power and authority. A human being, or, for that matter, any natural entity, sentient or inanimate, may kill my body in the natural realm of being, but that does not transfer my rights to another. A natural entity may kill my body in the natural realm of being, but that takes neither my life nor my rights away. Ultimately, I'm an eternal being comprised of a spiritual substance. My life and my rights stay with me wherever I go.
No human being in the natural realm can kill my body, physically oppress me or steal my property, except God allow it; and should He allow it, now argued strictly in the terms of nature as promised, my life is not transferred to another, my basic liberties (commonly, though informally in all but the constitutional language of civil liberties, referred to as
the freedom of religion/ideology,
the freedom of expression and
the freedom of movement, which are
not freedoms proper, but the inherently fundamental attributes/liberties of sentient beings) remain intact via my rational faculties, and the nonnegotiable asset of my property is me, my own self.
None of the natural rights of man are derived from government; they cannot be transferred to another or taken away by another.
(The Explicit Natural Rights of Man: http://www.usmessageboard.com/clean...-exist-without-government-19.html#post8868367.)
As for criminals, killed or incarcerated for perpetrating serious transgressions against an individual or the body politic, their just due is exacted on them via the defensive counterforce of the same, respectively. But as I've shown, even that does not extinguish their natural rights, though it does severely limit their expression. Also, in many states, they may never be able to keep and bear arms again, which is merely a continuation of the same instance of justice meted out as a result of their violation(s) of natural law. Repercussions. But no one ever loses one's right of self-defense.
In any event, there is no such thing as an inalienable right to violate the inalienable rights or the legitimate political/civil rights of others.
Again:
Many harp on natural rights as the only way to discuss relations between human beings but it's fundamentally skewed, forgoing other important relations, namely our responsibilities if we are to maintain a decent planet and society. I see "rights" being used for ill as often as good. [1] Moreover I hardly consider rights as important to my understanding of ethics and morality because they come from aligning yourself with self-evident and intuitive principles--one need not understand the concept natural rights in order to do this--and the doing is the only important part. Rights are abstractions of action and are thus subject to misconstrual or worse, misapplication. [2] I don't advocate the getting rid of natural rights but we certainly need to expand it to make sense: to include economic rights.
(1) But one need not be a scholar of natural law in order to understand its fundamental realities: everybody knows it's wrong to murder another, to oppress another or to steal from another, if for no other reason but the fact that nobody would that anybody else do any of these things to them. There's nothing especially abstract about that, and the only sense in which natural rights are significantly abstract goes to their expression. Sure. But the expression of these rights is effortless for a sentient being, for the essence of their expression goes to what a sentient being is and what a sentient being does by its very nature.
(2) Now, finally, your thought regarding economic rights and the like: what you're asserting constitutes the violation of natural rights.
Marxist Sociopolitical and Economic Theory 101.
We already have more than enough of that going on right now—thank you very much, but no thank you—and the crony capitalism thereof is strangling the life blood out of small business interests and the working poor, just for starters. . . .
What your prescribing is the very cause of the ills and depredations you're complaining about, including your concerns about the environment. Repercussions. In fact, what you're prescribing is a futile attempt to ameliorate the deprivations caused by the very same—a vicious cycle of envy, avarice, fear, theft, sloth, dependency . . . ad nauseam; links in the growing chain of the tyranny that binds us, forged by the peoples' lack of self-control and self-provision. See my signature. The endless parade of bread and circuses . . . well, until the money runs out. Robbing Peter to pay Paul, a.k.a., spiraling spending and debt. Wealth redistribution, which only serves to concentrate wealth in the hands of fewer and fewer people, as it effects an overall decline in the wealth of the nation as a whole. Not at all what progressives predict according to the zero-sum gain fantasy.
Lose is the word of the day!
After labor has become not only a means of life but life's prime want; after the productive forces have also increased with the all-around development of the individual, and after all the springs of co-operative wealth flow more abundantly—only then can the narrow horizon of bourgeois right be crossed out in its entirety and society inscribe on its banners: From each according to his ability, to each according to his needs! —Karl Marx
Yeehaw!
The former Soviet Union, the communist Republic of China under Moa, Cambodia under Pol Pot, North Korea under that line of congenital psychopaths, Cuba under Castro (Isn't he dead yet?), Venezuela under Chavez. . . .
Here's my motto for Marx: From thieves according to their sins, to each according to his sweat.