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> Many people (especially, but not only libertarians) don’t regard positive rights as true human rights. They may be human 'goods' but they are not human 'right
by skissane 3y ago
> Many people (especially, but not only libertarians) don’t regard positive rights as true human rights. They may be human 'goods' but they are not human 'rights'
People can "regard" anything as anything, but why should anyone else care what they "regard"?
> Personally I think human rights are largely a legal fiction anyway — they are invented, not natural
Some schools of jurisprudence – e.g. legal positivism, legal realism – view law as fundamentally disconnected from ethics: either ethics is subjective, or even if it is somehow objective, it is a separate sphere with no inherent legal relevance. That seems to align with your claim that human rights law is "invented, not natural"–but, what then makes it a "legal fiction"? We speak of corporate personhood as a "legal fiction" because we are taking a term "person" and stretching it far beyond its non-legal meaning; I don't think "human rights", even under a positivist/realist reading, involves any such stretching.
Conversely, other schools – e.g. natural law theory – presuppose the existence of objective ethics, and view law's fundamental purpose as to serve ethics (even if inevitably imperfectly). From that perspective, humans have ethical rights and duties, natural law rights and duties; and human rights law, as a field of positive law, should be judged on the basis of how well it conforms to natural law.
> https://en.wikipedia.org/wiki/Negative_and_positive_rights https://en.wikipedia.org/wiki/Negative_and_positive_rights
That is an example of a terribly written Wikipedia article. It speaks of "positive rights" being "initially proposed in 1979 by the Czech jurist Karel Vašák", but then goes on to quote 19th century philosopher Frédéric Bastiat discussing them.
As usual, Stanford has a much better article – https://plato.stanford.edu/entries/liberty-positive-negative/ https://plato.stanford.edu/entries/liberty-positive-negative... – which says that the "The idea of distinguishing between a negative and a positive sense of the term ‘liberty’ goes back at least to Kant..." – although leaving open the question of whether "positive vs negative liberty" and "positive vs negative rights" are synonymous or distinct.
- perilunar 3y ago> People can "regard" anything as anything, but why should anyone else care what they "regard”? Why indeed? Why, for example, did you write several paragraphs about it and link to a long article about philosophers’ opinions? Why should anyone care what you or they think? Clearly people do care, not least because the UDHR comes from the UN, and if it is not as universal as it purports to be, then why would we expect countries to respect it?
- skissane 3y ago> Why indeed? Why, for example, did you write several paragraphs about it and link to a long article about philosophers’ opinions? Why should anyone care what you or they think? I don't think anyone should care what I think. In terms of philosophers, they put forward arguments for their positions, and we should judge their positions based on the quality of their arguments. So, what is the argument for the claim "only negative rights are true human rights"? > Clearly people do care, not least because the UDHR comes from the UN, and if it is not as universal as it purports to be, then why would we expect countries to respect it? Many millions of people worldwide don't care about the UDHR. The people who care the most about it seem to be adherents to some form of liberal internationalism which views the UN as having inherent moral authority.