I think most progress can be made on seeing what we agree upon and what the differences are, without kwibbeling about you are wrong, I'm right:
Many in the thread agree (I do not talk about actual rights, but the structure behind it):
1) Rights that are universally applicable and are purely based on logic exist. This is an objective fact, based on logic. Logic is a system that is irrefutable, timeless, universal and used for discussion. To show your rights you need to disclose your definition and premisses, then explain your logical arguments.
2) People exist that do not believe in universal rights based on logic. These people are illogical, based on point 1, without logic there is no discussion, there is dogma. These people would believe more in determinism then in free will. They are allowed to believe what they want, it does not change objective facts, there is no use discussing dogma (e.g. it is God given).
3) A moral that does not respect rights is wrong, illogical.
4) If you do actions that do not respect the rights of others, you open yourself up for actions against you that do not respect rights.
5) The basic functions of rights are to protect your freedom and the fruit of your effort.
6) Rights apply on an individual level. Groups as an entity have rights, however they can never infringe the right of one of the individual members. e.g. The group might find you need to do something to remain in the group, you always have the right not to do it and leave the group.
7) Even if the rest of the society believes in determinism or pure utilitarianism, so that you can not find an instance to defend your rights, your rights do still exist.
8) Laws are efforts of societies to capture rights in written text. Mostly these efforts fail and the laws do not represent rights correctly, but introduce many right violations. Many laws project what people want on other people and try to oblige persons to follow the ideas of the many, where this would be against the individual right, freedom.
Not clear if we agree:
9) Language is something subjective, when we start writing down rights and logical arguments, we have a great risk of introducing some subjective elements. That is why the discussion will be very long.
10) Responsibility: you are innocent if you do not do actions that do not infringe rights of others, you are not responsible for what others think, want, etc... only direct action of yours that infringes the rights of others takes away your innocence, makes you responsible.
There are still fundamental differences in views:
11) Moral:
a) Moral is only about where you are responsible, purely objective based on rights. You always have a moral choice.
b) Moral is about making choises, there is a first objective part based on rights that is complemented with a subjective part, based on your culture. You can have to make choices between several moral or immoral choices, there is a value appreciation in that case.
12) Justice:
a) under moral a), justice is objective. If you chose the moral choice you are free, if you chose the immoral choise you loose freedom.
b) under moral b), justice can be objective, if you have the choice between violating rights and not violating rights, violating rights will always be wrong. If you have no choice but to violate rights it becomes subjective and will use a value system to determine justice.
13) Punishment:
a) if you have shown not to respect rights, you have lost your rights and thus are open for arbitrary action against you.
b) punishment is against your rights, the only point for punishment is to defend the rights of others, there is basically a conflict of rights, if you infringe the rights of others, you open yourself up for your rights to be infringed by action that defends the rights of others. When you are innocent = you did not act, you hold the right.
14) Maybe most fundamental: what is a right?
Any of these might apply in your defintion, but will depend on your sense of Moral, Justice and Punishment:
a) you must be able to defend a right
b) a right allows you to take away freedom, fruit of effort from someone that does not respect rights
c) a right can not be changed (by actions)
d) criteria apply that you need to fulfill to have the right:
i) you need to exist (e.g. they are innate)
ii) you need to respect the right of others = be innocent
iii) you need to be able to observe the rights
15) Irrealistic cases can help to get to insight: yes/no (I propose that people do not react on them if they think no).
The above is a basis for discussion, I think we should add more or refine then try to remove views. I believe some points contradict and that is where we are discussing, some part of the above that one holds on to, does not go with the part that some others hold on to.
e.g. belief 11)a) makes 14)d)iii) logical, if you do not observe the rights, how can you make the moral choice? However choice 11)b) makes 14)d)iii) irrelevant for objective rights, it is a value decision, so subjective, no matter what.
One other example seems to me if you believe in 12)b) you can not believe in 14)d)ii) since that would make rights subjective and would be against point 1; there is 14)b) as alternative, a small but essential difference to me.
Rights for me are: 14) a) b) d)i) => c) is logic, does not need to be mentioned
d)ii) and d)iii) go against my choices above: 11)b) 12b) and 13)b)
How exactly do you steal land that is not owned by anybody? Explain that one to me please.
If it is not owned by anyone, we all have the freedom to go over it and use it, no matter where or when we are born.
By making it your property you take away that freedom. That might be needed for agriculture, etc... but taking away a freedom from everyone is stealing that freedom, it puts you in debt.
It is a well known libertarian dilemma, that I still confront.
The framework of human rights does not change depending on anything. It exists. Where you fall within that framework depends on your actions.
First Danoff thank you for the converstation.
In my view the above is based on 14)d)ii) and thus implies 11)a). A too simple view of Moral according to me.
Unowned resources become property when they are mixed with labor. That's not theft, to "steal" it it would need to be owned.
You follow Locke, not the worst thing to do.
Nozick gave an example like this, I make an ocean with tomato juice, I take a tomato and squize it into the ocean. I mixed my labor squizing the tomato with the ocean, so now I own the ocean with tomato juice. No of course not, you lost the juice. Same thing with land, if you grow things on land that belongs to everyone, you risk losing your work of sowing, you do not gain the land. That does not take away that good property laws are needed for development, it just makes it anything but a pure right, by the freedom you took away (see above) it is more a rights violation.
Ok, so I think you're getting way too hung up on the comprehension of rights issue. You're right that if a creature, even without being able to comprehend rights, will always act according to rights (not possible), they would have rights. A rock would not even satisfy this condition - since the rock would not leave your property if you asked it to. The rock would also being willing to crush you if it rolled onto you.
I've consistently argued that animals that do not torture other animals have a right against torture. This is not necessarily due to comprehension, but simply innate behavior. My point about comprehension is that without it, you're going to violate some rights. A cow's brain is simply not able to comprehend the fact that that's your grass its eating, and that it should stop eating it because you asked it to. That cow can be assumed not to adhere to rights that its brain will not understand.
This isn't a value judgement, it's an acknowledgement of behavior. Cows can't have property rights because they can't (medically) observe the property rights of others. If they could (even without gaining intelligence) they would have them.
The discussion was about can I do to animals whatever I want. Some state yes since they have no rights, they do not understand them. That is just not a correct statement.
All your arguments are based on property, sadly that is a controversial point.
Going from a premiss of property I can follow the above. Thinking about it I remain with that the way we define property is not taking into the equasion the reduction of freedom it brings with it.
I use irrealistic cases to try to understand on this. e.g.: I take water from a little stream. So this is my water, essential for my life. I see a fish poop in my water. Do I have the right to kill this fish for trying to kill me?
So, eating a steak and cannibalism are the same, we just subjectively judge their wrongness?
Tell me where they are objectively different, I would like that as much as you, however I always bring in subjective value or survival of the fittest. Survival of the fittest, just means that I believe the man is more fit to defend his rights and thus I go for the steak, that is objective, but it does not change your conclusion above. Logic might be universal it is not gentle in my experience.
So, if in the island scenario one of the other islanders killed the woman for her water in order to survive that would be OK?
Lets analyse instead of jumping to judgement:
1) The woman threatens the life of others by refusing them access to water.
2) The others kill the woman for refusing them access to water.
Somehow I do not see an equilibrium in the actions, so 2 is using excessive force. Let's change 2) The others break down the fence of the woman used for refusing them access to water.
Here the judgement becomes a lot more difficult:
1) She defends her property => no rights issue if you believe in property rights.
2) They defend their lives by getting to water, infringing in the process the property rights of the lady.
Does the property right go over their right to live? => This is a judgement and a difficult one. If you forbid them to take the water, should you sentence someone that jumps on a private terrain, because otherwise he would be killed by a truck?
Or if you killed a bank executive when his bank foreclosed on your home, would that be justified?
Somehow I do not see an equilibrium in the actions. What if you went to camp on the terrain of the bank or on his terrain => can you forbid people to be somewhere if you took everything from them? If there is sufficient unowned terrain so they could build a hut, property should not be an issue.
If we give animals human rights then we give humans animal excuses.
Too late they use them already. As Danoff stated:
I've consistently argued that animals that do not torture other animals have a right against torture. This is not necessarily due to comprehension, but simply innate behavior. My point about comprehension is that without it, you're going to violate some rights.
If they act against rights humans or animals, you can take action against that violation. we do not need to make a difference.