| | I wrote, "A person who is justly convicted of a crime and jailed for it has no right to be free from jail. It isn't that he has a right to be free from jail, but no right to exercise that freedom. That wouldn't make any sense. If he had a right to be free from jail, then he'd have a right to exercise that freedom, in which case, the criminal justice system would have no right to jail him."
Ed replied, If a person in jail truly lost his right to freedom, then he could be treated as a slave in jail. Instead, he still has (some) freedom. He has the freedom to take naps when he wants, to sit or stand at will, to eat or not eat, etc. etc. Now, if he lost his right to freedom, where did he get the freedom he does still have and still does exercise? That's what wouldn't make sense. You've conveniently sidestepped my argument. I was very specific. I spoke of his right to be free from jail. Is it your view that he has a right to be free from jail but no right to exercise that right? Yes or no? And if your answer is no, then is it your view that he has the right to complete freedom of action (consistent with respect for the rights of others) but no right to exercise that right? Logically, your answer would also have to be no, for if he is in jail, it makes no more sense to say that he has the right to complete freedom of action than it does to say that he has a right to exercise complete freedom of action. Of course, as you point out, he has some freedoms, but in that case, he also has a right to exercise them. In short, there is no dichotomy between a right to a freedom and a right to exercise that freedom. Think about it in terms of having the right to free speech, but not being able to exercise that right in the context of yelling "fire" in a theater. Theaters aren't "rights-violating" entities. They are these crazy, wacky things with the metaphysical power to take away a human being's rights. Instead, what is limited in a theater is the exercise of one's right to free speech, the right is the same, regardless. Ed, yelling "fire" in a crowded theater does not constitute the exercise of the right to free speech, because the right to free speech does not include the right to yell "fire" in a crowded theater, any more than it includes the right to interrupt a speaker against the wishes of the theater owner. The right to free speech does not include a right to violate the rights of others. Past philosophical thinking on rights, such as is illustrated by the sentences:
"No one is free to yell 'fire' in a theater!" Yes, in the sense that no one has the right to yell fire in a crowded theater. But this does not interfere with either the right or the exercise of free speech. ... and ...
"A hungry man is not free!" This is a different issue. A hungry man is still free to choose his actions to the extent that he is not enslaved or coerced. A hungry man is not free to be fed by others against their will; he is not free to enslave, as this would violate both the right to freedom of action and its exercise. ... and ...
"A poor man is not free to dine at the Ritz!" Again, you're mixing apples and oranges. A poor man is not free to dine at the Ritz without the consent of the owner, because he is not free to violate the owner's property rights. ... are all wrong ways to think about rights, and lead to terrible confusion which stymies human progress and allows for evil dictators and semi-dictators to rule the day. It's wrong to think of rights as equivalent to "the exercise of" rights. It leads to what Rand referred to as an inflation of rights (where bad rights drive out good ones). Again, what is truly a right (which does not include yelling fire in a crowded theater or being fed by an unwilling provider) would also include a right to exercise it. A right to an action, and a right to exercise it are indeed equivalent. A right to an action that does not include a right to exercise it is a contradiction in terms.
- Bill
(Edited by William Dwyer on 3/15, 1:54pm)
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