echi wrote:Questioner wrote:echi wrote:Questioner wrote:
Carl Cohen writes:
"The holders of rights must have the capacity to comprehend rules of duty governing all, including themselves. In applying such rules, the holders of rights must recognize possible conflicts between what is in their own interest and what is just. Only in a community of beings capable of self-restricting moral judgments can the concept of a right be correctly invoked."
How would you justify the rights of babies or the mentally ill? Should they also be subject only to certain protections?
In these instances, the baby or mentally ill is under the care of a guardian who has rights, and therefore ensures their rights.
The creation and application of these "rights" seem awfully subjective. On what principles or reasons are they based?
They aren't subjective in the least. If you are a minor, or otherwise incapable of caring for yourself, you either designate or are appointed a legal guardian.
However, I see what you're getting at, though I believe you might be misreading the intent of the quote.
"The holders of rights must have the capacity to comprehend rules of duty governing all, including themselves." In this instance, 'holders' signifies a species. Humanity as a species has the capacity of such comprehension, whereas nothing else does.