I hear a lot of people these days saying "All Rights for All People!". Or even "All Rights for All People, All The Time!".
Sorry, you can't claim that.
Even I can't claim that, and I'm a mad-dog deontological libertarian. I support gay marriage (as long as no-one's compelled to perform one) and oppose the security state. I believe in every single one of the rights enumerated in the Bill of Rights, and that without all the qualifications edited into them by legislation of dubious constitutionality and bad Supreme Court decisions over the years. I believe in the unfortunately not legally binding unalienable rights mentioned in the Declaration of Independence, life, liberty, and the pursuit of happiness, and the one Locke mentioned that the Declaration didn't, property, and the really unfashionable one implicit in the right to liberty, freedom of contract. And just to demonstrate the depth of my attachment to principle, here, I'm also deeply dubious as the the legitimacy of birthright citizenship1 as a violation of what someone else might call the right of self-determination (if they allow it to be applied to individuals at all), and I would classify under freedom of contract, namely, the freedom of the individual to contract with a state for governmental services. In short, even among anarcho-capitalists (of whom I am not one), I have yet to meet, read, or hear of the man who supports a more extensive view of natural and civil rights (in their proper, negatively-phrased, sense) than I, and when I do, I shall doubtless amend my opinions, or at least have a good, hard think about them.
And even I can't say it. A good part of that because of the large number of entitlements bruited about as "rights" these days (so-called "positive rights").
But the other part of it, well, now, that's a matter of the subdivision of rights, and why it bugs me.
(Now, to be clear, I approach this from the point of view that the unalienable rights to life, liberty, property, and the pursuit of happiness - parsed as the Greek eudaimonia - are the foundation of ethics. As an atheist, I'm not of the view that we're endowed with those by our Creator, of course, but I would argue that they are inherent in the nature of sophont existence. [This argument is lengthy and off-topic; apply separately if you really want to see it.]
This is, of course, axiomatic. Since it is no more axiomatic than anyone else's deontology and considerably less than most - and since anyone who talks in terms of "rights" is implicitly deontologist2 - frankly, this doesn't bother me all that much.)
You see, I don't believe in a "right to marry", or a "right to privacy", or a "right to bear arms", or even, if it comes right down to it, a "freedom of speech". I believe in life, liberty, property, and the pursuit of happiness, by which all these individual things are implied, and of which all these individual things are strict subsets. So this slicing down of the rights pie, as it were, bothers me because it shouldn't need to be stated. Of course there's a right to marry3 - it's right there under "liberty", along with freedom of speech, the right to bear arms, the right to party, the "right" to jump up and down on one leg while singing the Marseillaise, and damn near everything else.
Which is fairly trivial, I suppose, except inasmuch as phrasing often reflects thinking.
But it also bothers me for the same reason as it did many of those who opposed the notion of having a Bill of Rights in the first place. For example, I find myself in the rare position of agreeing with Alexander Hamilton in his argument that a Bill of Rights would act to limit our rights to only those enumerated in it, and presumptively allow control over everything else:
I go further, and affirm that bills of rights, in the sense and in the extent in which they are contended for, are not only unnecessary in the proposed constitution, but would even be dangerous. They would contain various exceptions to powers which are not granted; and on this very account, would afford a colorable pretext to claim more than were granted4.
I certainly find - it is indeed very easy to find - examples of people, legislatures, and indeed courts, the purported defenders of our rights, up to and including the Supreme Court, who while being pleased to defend or even create by tortuous interpretation one or another narrowly defined "micro-right", are all too happy to nibble away at the edges of rights only defined as broadly as those enshrined in the Bill of Rights, while rarely a day passes without some new infringement upon the very unalienable rights upon which this country was founded - usually advocated for, voted for, and cheered on by the same people who, in another context, fight for one or another micro-right.
(Of course, those systems which have lacked a Bill of Rights, such as the British system, have fared even further down the road to tyranny than we have - but half a loaf, in this case, is only barely better than one.)
Including, of course, just about everyone who demands "All Rights for All People!".
Now, really, this is a modest pecadillo in most ways and cases, if for no other reason than its sheer ubiquity among people - I am, as I mentioned, a self-aware mad-dog libertarian, and yet I still occasionally have outbursts of thinking "There oughtta be a law!" before I get a chance to sit myself down, speak sternly to myself, and remind myself that it's almost certainly none of my damned business - albeit one that occasionally rises to the level of amusing hypocrisy when you see someone flip from "don't impose your morals on me!" to egregious prodnosing and back in the course of a single conversation, or indeed sentence.
But leaving aside my pedantic irritation at the fact that "All Rights" never appears to mean "All Rights" in any but the strictest personal sense5, I could just wish the consequences of characterising rights this way, as a collection of "micro-rights", were more apparent to more people.
For a start, everything gets fought as its own tiny battle. Don't misunderstand me; I'm glad when one is won, and more people receive their due; that is an undeniable good. But while we may win one battle in one place, over one group's one specific rightlet, or one individual's case, Leviathan leaps forward everywhere else, with a hundred laws, a thousand regulations, and ten-thousand bureaucrats busily engaged in narrowing the scope of life in areas that we aren't paying attention to right now and/or that don't have a big or noisy enough pressure group.
But more importantly, establishing a whole archipelago of little, disconnected rights-to-this and rights-to-that creates a climate, presumption, and even doctrine that, as Hamilton warned us of, those narrowly defined, pinpoint rights specifically enumerated at any given time are the only rights we have. Presumptively, then, everything else, the entire remaining sphere of activity, is subject to regulation and control.
And surely you've noticed that this is how politicians talk and it is how governments act, even here in the so-called "free world".
Now, if you are a totalitarian (or just deeply ideologically committed to the expansion of the State or the politicization of the personal), or merely are convinced that all right-thinking people agree with you, are in the majority, and always will be, and furthermore all wrong-thinking people should be corrected, or even are just content with the micro-right privileges handed out to you, well then, I imagine you're okay with that. "Crouch down and lick the hands which feed you. May your chains set lightly upon you, and may posterity forget that ye were our countrymen."
But if you're not, then, I beseech you, consider the harm that accepting this frame for the debate does.
1. It's isomorphic to signing up to an open-ended, unwritten, unilaterally-modifiable-by-the-other-party contract in which you waive the ability to sue for specific performance and (in many cases) damages - which would merely be stupid, except you can't not sign up.
Under any other circumstances, no-one but a madman would call that just, fair, or reasonable. And yet...
2. To the utilitarians in the audience: if you're not willing to entertain and defend as morally just a hypothetical scenario in which the net positive hedonic utility to homophobes of banning gay marriage or indeed stoning all the gays to death exceeds the net negative utility of doing so, and therefore it should be done forthwith, you've got some deontology in your ethical theory. Sorry.
3. Or, rather, a right not to be prevented from marrying. A "right to marry" is fairly ludicrous, since if interpreted the same way as other "rights", it implies that someone has to provide you with a spouse if you don't have one. Although it is more catchy slogan-wise, I admit.
4. And I defy anyone to claim that the abuse of the general welfare clause of the Constitution, the outright perversion of the Commerce Clause, and the coercive manipulation of funding of states by the federal government, do not constitute "claiming more than were granted".
5. Since it's usually an extension of our legal rights, it's not those approved by the courts. Since many of them aren't found in the Bill of Rights, it's not those either. They're not the Lockean natural rights, or the UN Declaration of Human Rights, or whichever document you care to name, and since most people who say these things are definitely against, as I am also, letting democracy or the popular will "put people's rights up for a vote" - well, just where do they come from?
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