{"id":10025,"date":"2005-10-17T17:17:22","date_gmt":"2005-10-17T21:17:22","guid":{"rendered":"http:\/\/www.kith.org\/journals\/vardibidian\/2005\/10\/17\/10025.html"},"modified":"2018-03-12T16:53:09","modified_gmt":"2018-03-12T21:53:09","slug":"rights-from-which-one-cannot-b","status":"publish","type":"post","link":"https:\/\/www.kith.org\/vardibidian\/2005\/10\/17\/rights-from-which-one-cannot-b\/","title":{"rendered":"rights from which one cannot be alienated from, at least not by aliens"},"content":{"rendered":"\n<p>Back to the remarkable paragraph, which I don&#8217;t know if I&#8217;ll ever finish talking about (any more than I&#8217;ll ever finish talking about the Binding of Isaac):\n<blockquote>We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights...<\/blockquote>\nWell, and when I talked about <I>created equal<\/I>, I talked about <I>equal<\/I> but I didn&#8217;t talk about <I>created<\/I>. The statement <I>all men are created equal<\/I> implies a Creator who creates all men. All men could (conceivably) be born equal, or all men could be worthy of equal treatment, or all men should be treated equally by the law, or a just society could consider all men equal, all without a Creator. But if all men are created equal, then there is a creator. It&#8217;s self-evident.\n<p>Now, when I read through the Declaration, the statement that <I>all men are created equal<\/I> is so startling and moving that I scarcely notice that I&#8217;ve accepted the Creator until I move past the comma and into the next phrase, which takes that acceptance and builds on it. All men are endowed by their Creator with certain unalienable rights. Notice that both of these syllogistic pieces are propped up by the existence of a Creator, but that existence isn&#8217;t given its own axiom (and if ever anything was axiomatic, that&#8217;s it). Not that Mr. Jefferson and his colleagues are making a mathematical proof, but they are sliding something in without making it a bone of contention, and doing it nicely, too. I also want to point out that it&#8217;s a choice they made; one could state the two items (equality and natural rights) without reference to a Creator, although doing so is philosophically somewhat trickier and rhetorically much less persuasive.\n<p>Now, on to the idea of unalienable, or inalienable, or natural rights. The existence of those rights does not appear to me to be self-evident, at least not in the sense of being clearly and obviously true. I&#8217;ve thought about natural rights a lot, and it&#8217;s very very very very very very very hard to make a sensible, non-tautological, consistent, and rigorous case for them. I was about to write that I have ultimately come to disbelieve in them, but I hope my position isn&#8217;t yet ultimate. I have changed my mind more than once, and I hope I live long enough to change it again. Still, at the moment I can&#8217;t see that the case for natural rights holds.\n<p>I do think that a plausible interpretation of Scripture and of Rabbinic law and custom teaches us that the Divine forbids alienating certain individual rights without compelling cause. Further, my limited reading of history leads me to believe that a state (or rules system) has a better chance of fairness and justice if it treats certain rights as if they were inalienable, or inalienable without compelling interest. Of course, these conclusions are drawn by a person raised on this Declaration, right? I have been told that people <I>are endowed by their Creator with certain unalienable Rights<\/i> since before I could talk, much less before I could define <I>endow<\/I>, <I>unalienable<\/I> and <I>Rights<\/I>. Heck, I still can&#8217;t define <I>unalienable<\/I>.\n<p>No, but let&#8217;s look at it from another angle. What does Mr. Jefferson mean when he says that we have inalienable rights? Not what does he mean philosophically, but what does he mean politically? Because the point here is to get people to support the rebellion, not simply to convince people that inalienable rights exist. Well, first of all, of course, he is claiming Locke&#8217;s inheritance, and thus Locke&#8217;s authority. He&#8217;s also placing himself on Locke&#8217;s side on political questions, giving people a sense of what sort of government they can expect if the rebellion succeeds. He is assuring people that the new government, whatever form it takes, will be Lockian, rather than Hobbesian. He is also (and I talked about this earlier), removing the question of rebellion from any question of its success, or its practical results in any way. It&#8217;s a philosophical question, bloodless and intellectual.\n<p>I mean, say I&#8217;m a small land-owner in Connecticut in 1776. I may have a lingering sense of loyalty to the crown, but also a sense of grievance for what I perceive as bad or unfair policies. It doesn&#8217;t matter, does it? When I find out the rebellion has begun, my first question is <I>Am I going to lose my farm?<\/I> Depending on my age, the next questions are things like <I>Should I go fight?<\/I> and <I>What about my sons?<\/I> as well as <I>Should I withhold taxes?<\/I>, <I>Does my musket work?<\/I> and <I>What&#8217;s the weather like in Ontario?<\/I> I don&#8217;t think that <I>are there inalienable rights?<\/I> is near the top of the list. No, when Mr. Jefferson says people <I>are endowed by their Creator with certain unalienable Rights<\/I>, he&#8217;s not answering any question about rights at all, he&#8217;s answering a much more basic question: <I>Can I trust you?<\/I> And it&#8217;s much easier to get somebody to trust you if you are talking calmly and clearly about inalienable rights than if you are talking about bloody war, which is, after all, the topic of the whole document.\n<p><I>chazak, chazak, v&#8217;nitchazek<\/I>,<br>-Vardibidian.\n<\/p>\n\n","protected":false},"excerpt":{"rendered":"<p>Back to the remarkable paragraph, which I don\u2019t know if I\u2019ll ever finish talking about (any more than I\u2019ll ever finish talking about the Binding of Isaac): We hold these truths to be self-evident, that all men are created equal,&#8230;<\/p>\n","protected":false},"author":7,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[201],"tags":[],"class_list":["post-10025","post","type-post","status-publish","format-standard","hentry","category-navel-gazing"],"acf":[],"_links":{"self":[{"href":"https:\/\/www.kith.org\/vardibidian\/wp-json\/wp\/v2\/posts\/10025","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.kith.org\/vardibidian\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.kith.org\/vardibidian\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.kith.org\/vardibidian\/wp-json\/wp\/v2\/users\/7"}],"replies":[{"embeddable":true,"href":"https:\/\/www.kith.org\/vardibidian\/wp-json\/wp\/v2\/comments?post=10025"}],"version-history":[{"count":1,"href":"https:\/\/www.kith.org\/vardibidian\/wp-json\/wp\/v2\/posts\/10025\/revisions"}],"predecessor-version":[{"id":17568,"href":"https:\/\/www.kith.org\/vardibidian\/wp-json\/wp\/v2\/posts\/10025\/revisions\/17568"}],"wp:attachment":[{"href":"https:\/\/www.kith.org\/vardibidian\/wp-json\/wp\/v2\/media?parent=10025"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.kith.org\/vardibidian\/wp-json\/wp\/v2\/categories?post=10025"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.kith.org\/vardibidian\/wp-json\/wp\/v2\/tags?post=10025"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}