There was no notion of "natural rights," as understood in the Anglo-American liberal tradtion, among the Greeks (that I'm aware of). Plato does at one point mention "natural right, but that is a different concept.Fooloso4 wrote:Typically classical natural right refers to the ancients not the moderns, but the point is that the modern theories are based on the theory of individualism.
But I'm curious about this "theory of individualism." What is the gist of this "theory"? Who are its philosophical architects? That human beings are individuals, readily distinguishable from one another not only by appearance, but by interests, goals, talents, tastes, habits, beliefs, and many other indicators, seems to me a rather obvious empirical fact. What role does this theory play in apprehending and understanding that fact?
I did not claim that regard for others requires a moral theory. I claimed that an asserted obligation to promote others' welfare requires a moral theory (as do all proposed obligations). Yes, we humans (most of us, but not all) do have regard for at least certain other humans. That also is an easily observable empirical fact. But you seem to be trying to derive an "ought" from an "is." That Alfie has regard for Bruno does not (and cannot) entail a duty upon him to have regard for Chauncey, whom he does not know.Not a priori, but rather, based on the notion that we are social animals. This is the foundation of classical or ancient political philosophy. The idea that regard for others requires a moral theory is based on the notion that we are atomistic, which is contrary to what we observe. No man is born autonomous and self-sufficient. Do you have regard for your parents or children or anyone at all? Is that regard based on a sound moral theory?But you seem to be assuming, a priori, a duty to promote others' good. Methinks you need to justify that assumption via a sound moral theory.
That is essentially an ad vericundiam argument. That Locke et al assumed a certain understanding of rights doesn't commit anyone who shares that understanding to adopt his broader ethical philosophy. Moreover, the role of God in Locke's philosophy has always struck me as lip service, for the benefit of the clerics.You mentioned Locke, Kant, and Blackstone specifically as those who influenced your view of natural rights. Kant claimed that there are a priori moral duties. Locke and Blackstone both base morality on God’s laws. My own view is that the attempt to ground morality in rational theory or divine law is misguided. Two fundamental philosophical mistakes that an increasing number of ethical theories acknowledge.
The only a priori duty for Kant was the categorical imperative, which is not a duty in the ordinary sense (it is a "meta-duty"). Duties are discovered by reasoning, by applying that principle to the facts of a given situation.
I'm surprised that you're suggesting that reasoning is an insufficient, or even misguided, basis for morality. I'm pretty sure it is the singular job of philosophers to provide a rational basis for moral rules, and then for laws, just as it is the job of philosphers to supply a rational basis for physics, mathematics, cognitive science, government, etc., etc. Moral philosophy is not sociology, cultural anthropology or evolutionary biology; it is not especially concerned to explain the origins and development of any extent moral sentiments. It certainly does not assume they are sound.
It is not an assumption. It is (as mentioned above) an empirical fact, a rather obvious one. But if you think a society is something more than the individuals who comprise it, please describe this something more and advise as to how I might observe it. And of course, pointing out that someone disagrees with a particular thesis does not constitute a refutation of it. People believe all kinds of strange things, and always have.That is an assumption. There is today a great deal of criticism of the notion of social atomism. Non-western and pre-modern western societies do not see it that way.Society is nothing but a plurality of individuals.
I call the beliefs to which I think you're referring the "organic fallacy."
Homo sapiens, if the anthropologists are right, has been on Earth for about 200,000 years. Until the last 10,000 or so of those years, he lived in small tribal villages, consisting of a few dozen to a few hundred members — small enough that all of its members knew all of the others; indeed, had known each other all of their lives. They midwifed one another’s births, tended one another’s illnesses, shared one another’s possessions, and married one another’s cousins. They knew and trusted one another, and had dense, intimate relationships among one another. They needed no formal ethics nor any political structure to govern their affairs, simply because each was and had always been a part of every other’s life.
The organic model is a good approximation of the structure of such societies. But with the rise of civilization — societies characterized by cities — that model began to break down. People found themselves living in communities in which most of the people around them were strangers, with whom they had no familial or other personal ties, and often very little in common. People began to take notice of the differences among them — differences in coloration and bone structure, in choices of dress, in temperament and mannerisms, in interests and tastes, in the habits and practices of daily life, and eventually even in religion and language. They acquired individuality.
In tribal societies there is no free will, and no individuality. All the myriad choices we today are constantly obliged to make are prescribed by the tribe; they’re part of the tribal consciousness, codified in tribal tradition, the “folkways” of the tribe. How one dresses, what one eats, where one lives, how one earns a living, the choosing of mates, the Gods to be worshipped and the rituals for worshipping them, all the petty rules governing the tasks of daily life and the “standard methods” for performing them, are absorbed from the tribe, without question and without the need for thought.
There is no individuality to speak of in these groups because all members have known and interacted only with each other since birth, and they are locked into a resonance. There is no politics, no debate, no alternate point of view on any matter — and as a result, almost no innovation. Tribal cultures can remain all but static for thousands of years, with only a slight refinement in spear points to indicate any time has passed at all. Australian Aborigines, for example, when encountered by Europeans in the 18th century, were making didgeridoos indistinguishable from those made 2000 years earlier. In 40,000 years they never added another instrument to their musical technology.
That resonance, however, cannot be maintained in larger groups, because the required intimacy is impossible. The group becomes too large for everyone to know and interact constantly with everyone else; hence one soon finds oneself in the company of strangers — individuals with whom they’ve had no prior contact and whose habits, preferences, and beliefs cannot be predicted in advance. And because they’ve all been subject to different combinations of influences, they begin to differ in all the ways indicated above.
The breakdown of that resonance represented a huge transformation, not merely of the social structure, but of the human psyche. The traditional tribal control mechanisms, based on age and personal stature, gave way to formal systems of governance — politics. The tribesman’s intuitive sense of right and wrong, which derived primarily from his personal ties to and commonality with his fellows, gave way to formal systems of ethics. Indeed, ethics, like law, is a code for regulating behavior among strangers — among people who have no personal interest in one another’s welfare. As Jared Diamond pointed out in Guns, Germs, and Steel, “With the rise of chiefdoms around 7,500 years ago, people had to learn, for the first time in history, how to encounter strangers regularly without attempting to kill them.”
Every utopia conceived in the last 5000 years has been an attempt to recapture the tribal consciousness. The Garden of Eden story embodies this “fall from Grace” — the loss of mankind’s oneness with God and Nature, his “alienation,” his exile into a world of strife and temptation, where he seems to have free will and must constantly choose between good and evil, between this course of action or that, relying only on his own judgement, and must suffer the consequences when his judgments go awry.
All these laments of lost innocence and alienation are atavisms, psychic echoes of our tribal heritage, the social form honed over the course of our 3 million year primate history. All of our fellow primates still practice that form, and until the rise of civilization, so did all humans. It would be surprising were our brains not adapted to that social form. They have evolved syncronously with that form, and thus may be expected to function optimally in that environment, in many ways. So it is not surprising that we miss that form, or that we long to regain it. We are ducks out of water, trying to find our way back to the pond.
We remain “wired” for tribal life. We long for it, unattainable though it may be. And often we try to recreate or or substitute for it, by immersing ourselves in cults or joining in totalitarian movements. The cult seeks to insulate itself from the “society of strangers;” the totalitarian movement seeks to subdue it and impose a tribal-like conformity, a synthetic common identity and purpose — usually resulting in much bloodshed.
But civilized humans are individuated; they are no longer interchangeable instances or exemplars of a tribal identity, and cannot be forced into that mold. That individuality is what drives the dynamism of civilized societies; what enables it to change more in 100 years than tribal societies might in 10,000. It is what has permitted humans to overcome the famines, diseases, disasters, and other idiosyncrasies of Nature which beset them and all their primate cousins for millions of years, and to transform the natural world to better meet their needs and better satisfy their ever-evolving and proliferating desires.
What worked for pre-civilized societies never worked very well, and cannot work at all for the unrelated, individuated members of civilized societies. There is no longer a collective consciousness, and in communities of more than a few hundred members, not even any common goals. Modern societies are meta-communities — public venues for personal interactions. They provide opportunities for individuals to forge relationships with others, but supply no content for those relationships. They are like public playing fields; they offer space and seating, but each team brings its own gear, its own personnel, and its own game with its own rules. The house rules are few and general: “No reservations accepted: first-come, first served,” “Do not intrude on others’ games,” and “Pick up your litter.”
The organic society that continues to beckon from our long primate ancestry is lost to history. It is irrecoverable. Contemporary social theorists need to let it go, and craft theories applicable to societies and to persons as we find them today.
Every totalitarian movement that emerged in the bloody 20th century began with some version of the organic sociological assumption. But that premise is false, destructive, and obsolete.