We should not get hung up on the term "inalienable." Jefferson used it in the same sense that John Locke used it, and Locke used it in a very specific manner. For Locke, all men are endowed by God with the inherent rights of life, liberty, and property. And, in a state of nature, men also have the right to
enforce those rights -- in effect to render judgments against those who transgress those rights. When men enter into a social contract, they give up their right to render judgments to the sovereign, but they
retain their basic rights of life, liberty, and property. In this sense, Locke was attempting to refute Hobbes (and others) who insisted that men, upon entering into the social contract, gave up
all of their rights to the sovereign. So "inalienable" simply means "incapable of being alienated by means of the social contract."
So, for example,
Cephus writes:
Quote:So where's the right to property again? It seems that not many people agree with your so-called inalienable rights. In fact, rights that can be taken away are, by definition, NOT INALIENABLE!
Cephus is right on a strictly literal basis, but mistaken in the context of the original quotation. Even Locke did not think that a person with inalienable rights was immune from punishment. Indeed, by means of the social contract the sovereign was empowered to exact those punishments, including the death penalty, that had previously been left up to each individual. As Locke stated: "Each transgression may be punished to that degree, and with so much severity, as will suffice to make it an ill bargain to the offender, give him cause to repent, and terrify others from doing the like."
So there's no point in debating the true import of "inalienable" unless one were debating the term in the context of the social contract. For our purposes, then, a better definition of "inalienable" would be "inherent."
ican711nm wrote:WE, EACH AND EVERYONE OF US, SHALL GRANT EQUAL RIGHTS TO EACH AND EVERYONE OF US TO ENABLE OUR POSTERITY TO SURVIVE UNTIL THE TERMINATION OF OUR UNIVERSE.
This statement, I think, neatly encapsulates the depths of confusion into which
ican has descended. If it is true that everyone grants rights to everyone else, then I don't see how it's possible for those rights to be, in any sense, absolute and non-contingent. Far from being inherent, such rights are clearly societal. Or, as
ican sums up:
Quote:They come from me, you and all other humans who think so.
This returns us to the prudential calculus that
ican has been injecting, at odd intervals, throughout this thread. Thus, in another post:
Quote:Any declaration of rights different from those in all our mutual self-interests would either not be secureable, or if they were secureable they would violate other's rights that were secured. I think the logical implications of that are obvious.
So the only rights we have are those that accord with our self-interest. But in
ican's hands this argument has ended up being the equivalent of a philosophical whack-a-mole game: the prudential calculus (the "enlightened mutual self-interest) appears briefly, only to disappear again the moment that
ican wants to state that rights are, after all, inherent and inalienable.
Rather than continue to play hide-and-seek with
ican's protean theory, let me ask some specific questions:
1. If some basic core rights are inherent, what is the foundation for those rights?
2. If those rights are inherent because they are God-given, what evidence do you rely upon to make that claim?
3. If those rights are inherent but
not God-given, how did humans end up with those rights?
4. If those rights are inherent because they are based upon mutual enlightened self-interest, when did humans first realize their mutual self-interests coincided and how did they agree to recognize this as the basis for their respective rights?
5. If those rights are based on mutual enlightened self-interest, is it possible for that self-interest, and the rights based thereon, to change?
That's all I have for now. I look forward to the answers.