| | Steve,
Maybe I can help clarify Bill's position. This topic has come up a few times in the past, and there's always some confusion at the beginning. Let me assure you that Bill's position is actually quite deep, and confusions on the vocabulary are due to his putting serious thought into the issue. But let me try to explain so you don't have to take my word for it.
Let me start with your post #80 to contrast the position. You point out that there are conditions of existence required for man, and these are metaphysical. I note that you don't say rights are these conditions of existence. I assume that was intentional. You then describe rights as:
Our rights, then are the moral statement that no one has the right to interfere with these conditions of existence. It's a little poorly worded, because you refer to a right to interfere while you're defining rights. But presumably if we change the words to something like "no one can have a moral justification to interfere", it might mean the same? Is that fair enough?
The question is, if rights really are a moral statement, or better yet a moral principle or position, what's the moral justification for the principle? You've described the conditions of existence required for survival, but you didn't describe why other people should avoid violating those conditions. And that's the key to the whole discussion. Simply claiming that you need something doesn't explain why I should provide it.
Since Objectivist morality is based on self-interest, presumably self-interest is the justification for it. We can go on to show how in normal situations, it's totally in our self-interest to respect these conditions of existence of our fellow human beings. We can show that there's a harmony of interests, and that we gain from the existence of others. We can show how an attack on any person's conditions of existence is disruptive to the harmony of interests, and why we should prevent it or punish it. We can show how treating others as ends in themselves provides us with an orientation towards trade and peaceful cooperation. And on and on.
The question, then, is whether there are ever times where it isn't in your self-interest to respect these conditions. You can imagine in any situation there's a value gained from respecting these conditions of existence (notice I'm avoiding the term "rights" which is the point of confusion), and there's a cost as well. In normal contexts, the gains are astoundingly large (peaceful life in human society is such a significant benefit to human life), and the costs are small (some instant and short-lived gratification). The benefits vastly outweighs the costs. In some situations, the cost-benefit might be the reverse. One that comes up is you're starving in the woods and run into a cabin. Do you break the window and get life-preserving food (with the intention of paying for it all), or do you choose to die?
Some here would claim that morality is disconnected from life, and you should sacrifice your life for the sake of "being moral". Some will use phrases like "life qua man" to rationalize their adherence to a morality that ends with death. I personally prefer Nathaniel Branden's statement:
We need a code of ethics to support our life and well-being. Ethics does not teach us, “At this point, a moral person commits suicide.” Argue the point if you want, but if you want to understand Bill's position, you have to understand that he sees it pretty much the same way. Morality is about living. And that means there are situations where the normal moral justification for an action or value is no long significant.
Given this position, what does "rights" mean? They're not some fixed rule that demands you act in a certain way regardless of context, even to the extent of throwing away your life. That would be a religious commandment. If rights are moral concepts, then they are justified by self-interest. And if following them would violate self-interest in some context, then it isn't moral in that context.
Bill believes rights are a kind of moral obligation. But in contexts where they don't apply, there is no such obligation. If you view rights as strictly a moral obligation, it makes sense that there is no such thing as rights in those contexts. This is a simple argument. If rights are just referring to moral obligations, then when there is no moral obligation, there is no rights.
Your position is a little less clear. You said:
rights belong to man (the generic 'man') and individuals have rights because they are human. If rights were just the conditions of existence necessary for survival, then that would be the case. If you needed the freedom to produce in order to live your life, then you have that need and it doesn't change based on the situation. But that need alone does not create the obligation for others to respect the need. So saying individuals have rights (needs would be a better term) doesn't say anything about whether other's should respect those needs. On the other hand, Bill's view that rights are moral obligations is similar to your view I referenced above that said they are a kind of moral statement about how other people should not interfere with them.
Is this clear? You can either being talking about:
1.) A person's needs (or conditions of existence needed for survival) 2.) About the moral obligation of others to avoid interfering with that need.
If you pick the former, you're not making any moral statement. You could say that a person has rights even in emergency situations because they still have the same needs, but you would be making any kind of moral statement about whether those needs should be respected by others. It'd be like saying someone has a need not to be stabbed in order to survive, which applies equally to an innocent person and to a murderer bent on killing you. The need is the same.
The latter, which actually has moral connotations, is how rights are typically discussed. You wouldn't say that the murderer has a right to not be stabbed by his intended victim, for instance. But if you really view rights as moral obligations, then if there are contexts where you aren't morally obligated, then there's no rights in that situation (even if the needs are still there).
This is how Bill can make statements that in an emergency situation you don't have a right to not be killed, while at the same time the other person doesn't have a right to kill you. Survival could pit your lives against each other, where you may be morally justified to kill the other person (or violate his rights in some other more minor way), and at the same time he is morally justified to try to prevent you.
You said:
To say that an innocent victim has no individual right to resist an attempt to be killed is bewildering. Can you see how this is not exactly what Bill is saying. The innocent victim would be entirely justified in resisting! Absolutely! But that's not the same as saying the other person has a moral obligation. You're using the word "right" in another way here. You're using it to say that the victim is morally justified to act in a particular way. But note how different that is from saying that other's are morally obligated to respect the victim's conditions of existence necessary for survival. One is talking about whether the victim should act that way to promote his own self-interest. The other is talking about whether the other person is promoting his own self-interest by refraining from acting in a particular way.
Since in normal, everyday situations there is a harmony of interests, these distinctions don't matter much. If I'm morally justified to act in a particular way, you're morally obligated to not interfere with me. If I have a right to produce, you don't have a right to interfere with my production. If I have a right to live, you don't have a right to kill me. In normal contexts, there's an expected symmetry that allows you to refer only to one of the participants. You can talk about something being "morally justified", and it doesn't matter if you are using one person's self-interest to justify it, or another person's. If I'm morally justified to act in a particular way, in normal situations that means you are not morally justified to interfere with it. That gives the impression that morality is a kind of criteria outside of the particular interests of any individual. An emergency situation makes you focus more clearly on each individual's actual needs and self-interest. Instead of thinking about morality as a set of universal rules, you can more clearly focus on morality as a standard to weight costs and benefits of choices for a specific person.
I hope that sheds some light on this topic.
That being said, my position is similar to Bill's in many ways, and radically different as well. We've gone over it several times, so I don't intend to argue it out with him again, but this is for your benefit.
My view is that rights are moral principles, and that moral principles are primarily cognitive. They tell you the likely outcome of your actions in terms of the effect on your life. They are about understanding the likely outcomes of your choices so you can make informed choices. They are not moral obligations or rules. If they were, you end up with Bill's position that they simply disappear in an emergency situation. And how do you define emergency situation? It's a situation where the costs of obeying these moral rules is greater than the value.
Instead, I view rights as a principle of understanding. They highlight the fact that each person has these conditions of existence necessary for survival, and that if you violate these conditions, you are pitting your own life against another. And further, the principle of rights highlights the fact that putting yourself at war with another person can put you at war with all other peaceful people. Initiating force means you're the one who's disrupting the harmony of interests, and can't be trusted by anyone.
In my view, rights qua moral principles don't disappear in emergency situations. The facts are still true. The relationships are still true. If you attempt to violate these "conditions of existence", you should recognize that you are pitting your life against another, and you should expect them to act appropriately. And you should also be aware that there are long term consequences. If your actions were not recognized as absolutely necessary (and therefore understandable and forgivable), others may view you as a threat to the harmony of interests. Also, if you are able to make amends for your rights violations afterwards, you would still be required to (in cases where it is possible, like breaking into a cabin to get food).
For me, moral principles are just cognitive tools to foresee consequences. They don't obligate you to act in some way, even in normal situations. They only shed light on the likely outcomes. It's your standard of value, life, that creates the obligation. It's the massive and overwhelming benefits of peaceful living in human society, which would be all thrown away with an initiation of force, that morally requires you to respect rights. But in some situations the benefit isn't available. If your very survival is at risk, you don't get to add that to the benefit ledger. Without life, the values of human society are not possible. I don't need special "emergency situations", which we'd have to go and try to define, to explain the different results. Only by believing in moral rules/obligations do you need to account for exceptions by arguing that a category of situations are just different. For me, it's the same approach every time. Use these cognitive principle to understand the likely results of your actions, and choose based on which one promotes your real self-interest.
Bill, as always, if you disagree with my restatement of your position, speak up. I know that you disagree with my evaluation of your position, specifically the latter part of this post that deals with my own position and differences with yours. But if the first part was off, please let everyone know.
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