The idea of right has gone through an analogous transformation. In the
same way as the idea of cause, it was theological for a long time, and
then metaphysical. In antiquity it was closely allied to religion. In
modern times the rights of peoples, and even the rights of individuals,
are conceived according to the ancient standard of the rights of
princes and masters. But, having become established by triumphing over
the rights of princes, the rights of peoples and individuals ultimately
rest, as they did, upon a supernatural and mystical basis. The rights
which every citizen claims are the change in small coin of the absolute
right formerly possessed by the sovereign who represented the whole
nation. Having become metaphysical in the XVIII. century, the idea of
absolute, intangible, indefeasible right, which attaches to the human
person, has been most useful for the decomposition of the old _régime_.
But, once this work has been accomplished, it cannot be made use of
in the work of reorganisation any more than the other metaphysical
principles. Positive philosophy admits nothing absolute. Everything
in society is at once subject to conditions, and places conditions
upon all things. Nothing is unconditional; and sociology teaches that
we must go not from the individual to society, but from society to the
individual.
In consequence, here again we must give up endeavouring to transform a
critical principle into an organic one. Undoubtedly rights will remain,
as the constant connections between phenomena subsist. But we shall
cease to base these rights upon a metaphysical conception of human
nature, in the same way as we have ceased to refer the connections
between phenomena to metaphysical entities called causes. Instead of
making individual duties consist in the respect of universal rights,
we shall conceive inversely the rights of each one as the result of
the duties of others towards him. In a word, duty is established
before right. This principle is of the highest importance in Comte’s
eyes. In it he sees an expression and a proof of the predominance of
the positive over the metaphysical spirit, and of the subordination
of politics to ethics. He likes to say that “the consideration of
duty is bound up with the spirit of the whole.” On the contrary, the
consideration of right, if it be conceived as absolute, leads to a
denial of all government and of all social organisation.
Public-domain text, read in full here on John Shaqi.
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