This duality confuses people. They often erroneously identify rights
with their attendant duties or obligations, with the morally decent,
or even with the morally permissible. One's rights inform other people
how they MUST behave towards one - not how they SHOULD or OUGHT to act
morally. Moral behavior is not dependent on the existence of a right.
Obligations are.
To complicate matters further, many apparently simple and
straightforward rights are amalgams of more basic moral or legal
principles. To treat such rights as unities is to mistreat them.
Take the right to life. It is a compendium of no less than eight
distinct rights: the right to be brought to life, the right to be
born, the right to have one's life maintained, the right not to be
killed, the right to have one's life saved, the right to save one's
life (wrongly reduced to the right to self-defense), the right to
terminate one's life, and the right to have one's life terminated.
None of these rights is self-evident, or unambiguous, or universal, or
immutable, or automatically applicable. It is safe to say, therefore,
that these rights are not primary as hitherto believed - but
derivative.
The Right to be Brought to Life
In most moral systems - including all major religions and Western
legal methodologies - it is life that gives rise to rights. The dead
have rights only because of the existence of the living. Where there
is no life - there are no rights. Stones have no rights (though many
animists would find this statement abhorrent).
Hence the vitriolic debate about cloning which involves denuding an
unfertilized egg of its nucleus. Is there life in an egg or a sperm
cell?
That something exists, does not necessarily imply that it harbors
life. Sand exists and it is inanimate. But what about things that
exist and have the potential to develop life? No one disputes the
existence of eggs and sperms - or their capacity to grow alive.
Is the potential to be alive a legitimate source of rights? Does the
egg have any rights, or, at the very least, the right to be brought to
life (the right to become or to be) and thus to acquire rights? The
much trumpeted right to acquire life pertains to an entity which
exists but is not alive - an egg. It is, therefore, an unprecedented
kind of right. Had such a right existed, it would have implied an
obligation or duty to give life to the unborn and the not yet
conceived.
Clearly, life manifests, at the earliest, when an egg and a sperm
unite at the moment of fertilization. Life is not a potential - it is
a process triggered by an event. An unfertilized egg is neither a
process - nor an event. It does not even possess the potential to
become alive unless and until it is fertilized.
Public-domain text, read in full here on John Shaqi.
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