Old-Fashioned Ethics and Common-Sense Metaphysics: With Some of Their ApplicationsThornton, William Thomas
Philosophy
Old-Fashioned Ethics and Common-Sense Metaphysics: With Some of Their Applications
Thornton, William Thomas
Metaphysics; Utilitarianism
Instead of being valueless, the particular rights of which Mr. Mill
speaks so disparagingly, appear to me to possess a value which can
scarcely be exaggerated. They are, as may be readily perceived,
identical with the two which I have termed 'natural,' and of which I
began by saying that they are exceedingly elementary, but of which I
have now to add that they are also all-comprehensive, for that there are
no genuine rights whatever, however numerous or complex, which neither
are included within, nor branch out from, them. This will be manifest on
comparison of them with the items enumerated in any other catalogue of
rights; as, for instance, with the one drawn up by Mr. Mill, according
to whom all rights may be classified as follows:--(1) Legal rights; (2)
moral rights; (3) the right of every one to that which he deserves; (4)
the right to fulfilment of engagements; (5) right to impartiality of
treatment; (6) right to equality of treatment.[9] Each of these
varieties will repay a brief examination.
Under the head of 'legal' rights are commonly placed, not those only
which are conferred, but those also which are confirmed, by law. Such as
law has merely confirmed, however, are of course not the creatures of
law. But it is admitted on all hands that a law may be unjust--that is
to say, it may without consent from the parties concerned, infringe some
previously existing right--and as the right so violated cannot have been
created by law, inasmuch as what law had been competent to create, law
would be equally competent to cancel--it is clear that there must be
rights other than those created by law, rights whose origin was
independent of, and anterior to, law. It is apparently to rights of this
description that Mr. Mill applies the name of 'moral' rights. Examples
of them are a man's rights to personal liberty and to property in
whatever belongs to him as having become his by honest means, to both of
which, unless he had forfeited them by misconduct, he would be equally
entitled, whether his title to them were or were not recognised by law.
The only genuine rights which law can create, or consequently can have
to confer, are privileges in respect of person or property other than
one's own. But such legalised privileges are not necessarily rights.
Whether they are so actually or not depends mainly on the character of
the legislative authority. A right to interfere with rights not based
upon law cannot be conferred without the consent of the parties in whom
the independent rights are vested, given either directly by themselves
or indirectly through their representatives. If a legislative body be
truly and thoroughly representative of the community which it controls,
then every one of its enactments, however bad or foolish, is virtually
an engagement to which every member of the community is a party, and any
privilege arising out of it becomes to all intents and purposes a right.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account