Month: October 2023

“We hold these truths self-​evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty, and the pursuit of happiness—that to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed, that whenever any form of government becomes destructive of these ends, it is the right of the people to alter or to abolish it, and to institute new government.…”

– The Declaration of Independence

“All men by nature are equal in that equal right that every man hath to his natural freedom, without being subjected to the will or authority of any other man; being all equal and independent, no one ought to harm another in his life, health, liberty or possessions.”

John Locke

Natural and Positive Law

There is a lot of confusion today as to what is a right. A right is defined as a moral or legal entitlement to have or do something.

Natural law is often contrasted with “positive” law, which is the law that is created by governments. Positive law can be different in different countries and can change over time. Natural law, on the other hand, is considered to be unchanging and universal.

Examples

• Civil, Political or Legal Rights – are rights belonging to citizens or legal residents (e.g., to marry or to make contracts, vote or hold office) that have been granted by governments and can be changed or revoked by governments
• Natural or Constitutional Rights – are innate, as growing out of human nature, or as required by one’s natural ends (e.g., rights to life, liberty, privacy (?), etc.). These are not granted by government and cannot be revoked.

Natural Law and Rights

Natural law is a system of law that is based on reason and the nature of human beings. It is a universal law that applies to all people, regardless of their culture or religion.

Natural rights are pre-existent rights that are inherent to all human beings and do not require approval from any government or other authority. They are universal, inalienable, indivisible, and interdependent. Rights belonging to all human beings universally also are termed human rights, a phrase often interchangeable with natural rights.

The concept of natural rights has its roots in ancient philosophy, but it was not until the Enlightenment era that it became widely accepted. Enlightenment thinkers such as John Locke and Jean-Jacques Rousseau argued that all human beings are born with certain natural rights, such as the right to life, liberty, and property. They believed that these rights are derived from human nature and are not dependent on any government or social contract.

Examples

Some examples of natural rights include:

• The right to your own life, or self ownership (property, health)
• The right to own property (possessions, property)
• The right to freedom of thought, conscience, and religion (liberty)
• The right to freedom of opinion and expression (liberty)
• The right to freedom of association and assembly (liberty)
• The right to freedom from forced slavery or servitude (liberty)

Examples of civil, legal or political rights:

• The right to participate in government
• The right to marry someone
• The right to enter into contracts

Claiming Doesn’t Make It So

No one can claim a natural right that is the result of another persons labor, as that would entail the forced labor of another person. Forced labor is a form of slavery or servitude which would be a violation of natural rights. These individuals have claims to their well-​being against all others. Such rights entail “positive” duties—that is, duties on the part of others, and hence the state, to provide them with welfare.

The right to freedom from slavery and servitude is a fundamental human right because it protects individual autonomy and dignity. It also protects individuals from being exploited and abused. Hence, someone cannot have a “right” to healthcare as that would mean they have the “right” to the healthcare workers labor.

Examples

Just because a right is claimed does not make it a right. Examples of “claimed rights:”

• The right to education, which requires the labor of the teacher
• The right to health care, which requires the labor of a nurse or physician
• The right to work, which requires an employer
• The right to social security, only you can ensure your own security
• The right to cultural life, depends upon the community
• The right to a clean environment, again depends upon the community

Hence, these are not innate rights or rights that you are born with. All of these could be fulfilled through voluntary association with others who are willing to participate. These might better expressed as:

• The right to educate ones’ self
• The right to monitor and improve your own health
• The right to your own work
• The right to save for the future as you see fit
• The right to live in the culture of your choice or to create your own
• The right to ensure that your own environment is safe and healthy

Natural rights are important because they protect individual freedom and promote human dignity. They are also essential for a just and equitable society. Governments have a responsibility to protect and promote natural rights, but they cannot create or take them away.

Natural rights are also important for understanding the role of government in society. Governments are not the creators of natural rights, but rather the protectors of natural rights. Governments have a responsibility to safeguard a society in which all people can enjoy their natural rights. Remember that a government that “grants” a right can also take it away.

“I have self-actualized. Pardon me whilst I adjust my glowing halo.”

Ted Nugent

Cognitive biases are mental shortcuts that can lead to errors in thinking. They can cause us to misinterpret information, make bad decisions, and judge others unfairly.

The halo effect and the fundamental attribution error are two common cognitive biases that can cloud our judgment.

The halo effect is a cognitive bias that causes us to make judgments about someone’s character based on a single positive trait. For example, if someone is attractive, we may be more likely to assume that they are also intelligent, kind, and trustworthy.

The fundamental attribution error is a cognitive bias that causes us to overestimate the influence of personal factors and underestimate the influence of situational factors on people’s behavior. For example, if we see someone cut us off in traffic, we may be more likely to assume that they are a rude and aggressive driver, rather than considering that they may be in a hurry or distracted.

The halo effect and the fundamental attribution error can have a significant impact on our lives. They can affect our decision-making at work, in our relationships, and in our personal finances. They can also lead us to make bad choices about our health, our safety, and our environment.

Here are some examples of how the halo effect and the fundamental attribution error can play out in real life:

• A job interviewer may be more likely to hire a candidate who is attractive, even if their qualifications are not as strong as other candidates.
• A teacher may be more likely to give good grades to a student who is well-behaved, even if their academic work is not as strong as other students.
• A police officer may be more likely to pull over a driver who is wearing baggy clothes and a baseball cap, even if they are not driving erratically.
• A voter may be more likely to vote for a candidate who is charismatic and well-spoken, even if their policy positions are not aligned with the voter’s values.

It is important to be aware of the halo effect and the fundamental attribution error so that we can avoid being misled by them. When we are making judgments about others, it is important to consider all of the information available, not just a single trait or situational factor.

Here are some tips for avoiding the halo effect and the fundamental attribution error:

• Be aware of your own biases. Once you are aware of your biases, you can start to take steps to avoid them.
• Consider multiple perspectives. When making a judgment about someone, try to see things from their perspective.
• Be skeptical of your first impressions. First impressions can be powerful, but they are not always accurate.
• Be open to new information. Don’t let your existing biases prevent you from considering new information that may challenge your beliefs.

By following these tips, you can learn to make more informed and objective judgments about others.