The Individual and the Political Order: An Introduction to Social and Political Philosophy

By Norman E. Bowie; Robert L. Simon | Go to book overview

NOTES
1
Malcolm X, The Autobiography of Malcolm X, with the assistance of Alex Haley ( New York: Grove Press, 1965), p. 36.
2
Joel Feinberg, in "The Nature and Value of Rights," The Journal of Value Inquiry 4, no. 4 ( 1970): 243-57, provides an example of a world without rights. We rely heavily on Feinberg's treatment here, particularly his claim that in a world without rights, good treatment would be regarded as a gratuity.
3
This has been pointed out by Joel Feinberg in "Wasserstrom on Human Rights," Journal of Philosophy 61 ( 1964): 642-43.
4
See, for example, John Hospers, Human Conduct ( New York: Harcourt, Brace and World, 1961), p. 386, and S. I. Benn and R. S. Peters, The Principles of Political Thought: Social Foundations of the Democratic State ( New York: The Free Press, 1964), p. 102, for discussions of rights and obligations.
5
Richard Wasserstrom, "Rights, Human Rights and Racial Discrimination," The Journal of Philosophy 61 ( 1964), 640. Our discussion of the nature of natural rights is in great debt to Wasserstrom's, although he is explicitly concerned with rights that by definition belong to all humans. Our definition of natural rights leaves it open whether they are possessed by all humans but we argue for such a view in the third section of the present chapter.
6
Thus, even if, as some philosophers claim, rights are definable in terms of obligations, it does not follow that rights talk and obligation talk have the same practical consequences. Rights talk emphasizes the status of persons as active makers of claims, as possessors of entitlements that should be honored rather than as passive recipients of the duties of others. Hence, there are practical reasons for adopting the vocabulary of rights even if the definist claim is correct. We do doubt, however, whether rights can be defined in terms of obligations. Thus, it seems possible that some obligations may not involve correlative rights. Consider, for example, the possibility of obligations that arise from one's station and its duties. For example, the faculty of university A may have professorial obligations to hear student complaints fairly, but the students have no correlative right to such fair treatment.
7
See A. P. D'Entreves, Natural Law: An Historical Survey, ( New York: Harper & Row, 1965), p. 17ff. Our historical survey of the natural-rights tradition relies heavily on D'Entreves's excellent study.
8
Cicero, Republic, translated by G. W. Featherstonhaugh, ( New York: G.&C. Cavill, 1829), p. 31.
9
Thomas Aquinas, Summa Theologica, 1ae, 2ae, quae 91, articles 1 and 2.
10
Ibid., 1ae, 2ae, quae 95, art. 2.
11
Jeremy Bentham, Anarchical Fallacies, in John Bowring, ed., The Collected Papers of Jeremy Bentham 2 ( Edinburgh, 1843), reprinted in A. I. Melden, ed., Human Rights ( Belmont, Calif.: Wadsworth, 1970), p. 32.
12
We do not mean to suggest that Nazi genocide or violation of the civil rights of black persons in America could be justified on utilitarian grounds. Clearly, they were not. Rather, our point is that such events may have motivated people to appeal to a moral framework in which the individual was given greater protection than that provided by utilitarianism.
13
H. L.A. Hart, "Are There Any Natural Rights?" Philosophical Review 64, no. 2 ( 1955): 183.
14
Ibid.
15
John Locke, Second Treatise of Government, 1690, chap. 2, sect. 6. All quotations are from Thomas P. Peardon edition of The Second Treatise ( Indianapolis: Bobbs-Merrill, 1952).
16
Ibid., chap. 6, sect. 54.
17
Ibid., chap.5, sect. 27. See also chap. 5, sect. 26.
18
Ibid., chap 5, sect 46.
19
Ibid., chap. 5, sect. 50.
20
Ibid., chap. 3, sect. 21.

-74-

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The Individual and the Political Order: An Introduction to Social and Political Philosophy
Table of contents

Table of contents

  • Title Page i
  • Contents v
  • Preface vii
  • Introduction 1
  • Selected Readings 5
  • One Love It or Leave It? Individual Conscience and Political Authority 7
  • Suggested Readings 26
  • Two Utilitarianism 28
  • Notes 46
  • Notes 47
  • Three Natural Rights: Meaning and Justification 72
  • Notes 74
  • Suggested Readings 75
  • Four Justice 77
  • Suggested Readings 112
  • Five Democracy and Political Obligation 114
  • Suggested Readings 140
  • Six Liberty 141
  • Notes 168
  • Notes 170
  • Seven Law and Order 171
  • Articles 201
  • Eight an Evaluation of Preferential Treatment 202
  • Notes 228
  • Notes 230
  • Nine Ethics and International Affairs 231
  • Notes 257
  • Notes 259
  • Index 260
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