| Sally ( @ 2008-05-02 12:34:00 |
The "Right" to Life
Here's another phrase that I think has been horribly misused. What does it mean for something to be a right? Well, if I say that I have the right to free speech, it means that the government cannot stop me from saying things. It doesn't mean that a private entity cannot stop me from saying things. For instance, if I worked for a prestigious educational institution and I got up at a podium and said that women can't do math or science because their brains are made out of peanut butter fudge, that institution could (and should) fire me. This is not a violation of my freedom of speech - I have the right to say whatever I want, but universities have the right not to employ me if I do. In fact, any corporation or association or club could have rules for employees or members banning those people from saying certain things, and that would still not be a violation of the right to free speech, as long as we are talking about voluntary associations. It also doesn't mean that others are obliged to provide for my speech in some way. For instance, if I want to get on the news and tell everyone that I like to eat lemon poppy seed muffins for breakfast and the news people won't let me, they are not violating my freedom of speech. If I post an obnoxious comment on a blog and the blogger deletes it they are also not violating my right to free speech.
As a libertarian I would argue that a right on my part never constitutes an obligation on the part of society. Rights are things to protect us from governmental abuse.
And that's where we come to this "right to life" stuff. The right to life, as written in the Declaration of Independence, and in Locke, and others, should be taken to mean that the government cannot take away someone's life. It doesn't mean that there can't be a club that only admits dead people (an absurd argument included only for the sake of parallelism.) More substantially, it doesn't mean that private entities cannot take away one's life. The right to life is not the same as a law against murder. Murder prohibitions are provided by criminal statutes at the state level, not by the Constitution and certainly not by the D of I. These statutes provide specific instances of when taking a life is or is not murder, and if so then to what degree. For instance, I could kill someone who breaks into my house, or who assaults me physically, without violating their rights. Some would argue that euthanasia or assisted suicide is not murder. Some would argue that dueling is not murder. The point is, if I kill someone who has asked me to kill them, or agreed to fight me to the death, am I violating their rights? Finally, it doesn't mean that others are obliged to provide for my life in some way. Bakers are not obliged to bake me lemon poppy seed muffins for breakfast. Generally speaking I would have to pay someone to do that. It sucks if people starve to death but do we say that their right to life has been violated? How, and by whom?
It's important I think to note that it is a different argument if we're going to say that there's a moral obligation to keep people alive. Healing the sick and feeding the hungry are important social causes, and are addressed by a variety of social organizations (churches, charities, etc). Whether or not governments ought to be involved is an argument that we could have, but we all sort of know where each other stands on it. Since no one is taking anyone else to court arguing that they are violating the rights of starving people by not feeding them, however, I think we can agree that as rights are generally understood, the right to life does not include the right to be provided for.
So what does it mean for a fetus to have a right to life? Simply that the government may not arbitrarily deprive the fetus of life. So, for instance, let's say the government decided that in order to effect population control, all women were restricted to having one child, and all subsequent pregnancies must be terminated. This law (which is not too far-fetched, given what is going on in China) would be a violation of the right to life of any aborted fetus. An individual woman choosing to get an abortion is not a violation of the right to life of the fetus. Women have no obligation to provide support for this individual. Is it murder? Again, I can kill someone who invades my property or threatens my physical well-being. A woman's body must be considered her property and therefore the fetus is either a part of that property, which could be removed, like tonsils or an appendix; or it must be considered another individual, in which case it is invading another's property and endangering her well-being. Either way, an abortion cannot be considered a rights violation - that is, unless you want to consider all those other examples (letting poor people starve, killing home invaders, etc) rights violations as well. And the conservatives who promote gun rights and oppose welfare programs are certainly unwilling to concede that point.
Yes, fighting abortion on moral grounds is important for some people, and I respect their opinion. Abortion can be an ugly, terrible thing, and it would be better if we could all do without it. However, trying to make it about the rights of the fetus is ridiculous. I would go so far as to say that it is disingenuous, but I suspect that most conservatives don't even notice the contradictions inherent in their positions. By prohibiting abortion, we would be placing a burden on the woman to carry the child to term, and then on
someone - the woman, her family, a foster family, or a state-funded orphanage, but in other words, on society - to take care of the child. To provide for it. But providing for other people's lives is something conservatives don't want to have to do. Apparently, neither is thinking things through to their logical conclusions.
For those honestly concerned about the right to life, though - the death penalty is a great example of the government violating that fundamental right. War - probably another good example.
And any libertarian - including Ron Paul - who thinks that abortion is a violation of the right to life, is an idiot. I hereby banish them from the libertarian movement.
Here's another phrase that I think has been horribly misused. What does it mean for something to be a right? Well, if I say that I have the right to free speech, it means that the government cannot stop me from saying things. It doesn't mean that a private entity cannot stop me from saying things. For instance, if I worked for a prestigious educational institution and I got up at a podium and said that women can't do math or science because their brains are made out of peanut butter fudge, that institution could (and should) fire me. This is not a violation of my freedom of speech - I have the right to say whatever I want, but universities have the right not to employ me if I do. In fact, any corporation or association or club could have rules for employees or members banning those people from saying certain things, and that would still not be a violation of the right to free speech, as long as we are talking about voluntary associations. It also doesn't mean that others are obliged to provide for my speech in some way. For instance, if I want to get on the news and tell everyone that I like to eat lemon poppy seed muffins for breakfast and the news people won't let me, they are not violating my freedom of speech. If I post an obnoxious comment on a blog and the blogger deletes it they are also not violating my right to free speech.
As a libertarian I would argue that a right on my part never constitutes an obligation on the part of society. Rights are things to protect us from governmental abuse.
And that's where we come to this "right to life" stuff. The right to life, as written in the Declaration of Independence, and in Locke, and others, should be taken to mean that the government cannot take away someone's life. It doesn't mean that there can't be a club that only admits dead people (an absurd argument included only for the sake of parallelism.) More substantially, it doesn't mean that private entities cannot take away one's life. The right to life is not the same as a law against murder. Murder prohibitions are provided by criminal statutes at the state level, not by the Constitution and certainly not by the D of I. These statutes provide specific instances of when taking a life is or is not murder, and if so then to what degree. For instance, I could kill someone who breaks into my house, or who assaults me physically, without violating their rights. Some would argue that euthanasia or assisted suicide is not murder. Some would argue that dueling is not murder. The point is, if I kill someone who has asked me to kill them, or agreed to fight me to the death, am I violating their rights? Finally, it doesn't mean that others are obliged to provide for my life in some way. Bakers are not obliged to bake me lemon poppy seed muffins for breakfast. Generally speaking I would have to pay someone to do that. It sucks if people starve to death but do we say that their right to life has been violated? How, and by whom?
It's important I think to note that it is a different argument if we're going to say that there's a moral obligation to keep people alive. Healing the sick and feeding the hungry are important social causes, and are addressed by a variety of social organizations (churches, charities, etc). Whether or not governments ought to be involved is an argument that we could have, but we all sort of know where each other stands on it. Since no one is taking anyone else to court arguing that they are violating the rights of starving people by not feeding them, however, I think we can agree that as rights are generally understood, the right to life does not include the right to be provided for.
So what does it mean for a fetus to have a right to life? Simply that the government may not arbitrarily deprive the fetus of life. So, for instance, let's say the government decided that in order to effect population control, all women were restricted to having one child, and all subsequent pregnancies must be terminated. This law (which is not too far-fetched, given what is going on in China) would be a violation of the right to life of any aborted fetus. An individual woman choosing to get an abortion is not a violation of the right to life of the fetus. Women have no obligation to provide support for this individual. Is it murder? Again, I can kill someone who invades my property or threatens my physical well-being. A woman's body must be considered her property and therefore the fetus is either a part of that property, which could be removed, like tonsils or an appendix; or it must be considered another individual, in which case it is invading another's property and endangering her well-being. Either way, an abortion cannot be considered a rights violation - that is, unless you want to consider all those other examples (letting poor people starve, killing home invaders, etc) rights violations as well. And the conservatives who promote gun rights and oppose welfare programs are certainly unwilling to concede that point.
Yes, fighting abortion on moral grounds is important for some people, and I respect their opinion. Abortion can be an ugly, terrible thing, and it would be better if we could all do without it. However, trying to make it about the rights of the fetus is ridiculous. I would go so far as to say that it is disingenuous, but I suspect that most conservatives don't even notice the contradictions inherent in their positions. By prohibiting abortion, we would be placing a burden on the woman to carry the child to term, and then on
someone - the woman, her family, a foster family, or a state-funded orphanage, but in other words, on society - to take care of the child. To provide for it. But providing for other people's lives is something conservatives don't want to have to do. Apparently, neither is thinking things through to their logical conclusions.
For those honestly concerned about the right to life, though - the death penalty is a great example of the government violating that fundamental right. War - probably another good example.
And any libertarian - including Ron Paul - who thinks that abortion is a violation of the right to life, is an idiot. I hereby banish them from the libertarian movement.