A Very Strange Way of Thinking About Rights

This post originally appeared on The Latest.

There seem to be two ways in which people think about rights.

First, the good way: People have various rights, they’re the same for everyone, and in any given situation, you have to balance off the rights of different people against each other.

Then there’s the other way. It works like this: YOU have rights. So do people whose side you’re on. So whenever you want to do something or stop someone else from doing something, you find the rights that could somehow be seen as supporting whatever you want.

I see this coming up again and again – mostly in American news, but that’s probably just because I read so much of them.

Here’s how it works.

Suppose someone boycotts YOU because you publicly said something they are very opposed to? Censorship! Violation of freedom of speech!

But suppose YOU wanted to stop supporting someone who said something you think was very wrong — but someone told you that you can’t. Might you start getting some thoughts about how it’s your money and you can use it as you please? Or about how you should be allowed to stand up for your principles?

Suppose someone bans YOU from an online platform they’re hosting? Censorship! Violation of freedom of speech!

Now suppose YOU are hosting the online platform, and you want to ban someone for the things they say. Might you start to have some thoughts about how you own the platform and you have the right to decide whom you let use it to gain visibility for their ideas?

There’s been discussion about whether conservative Christians should be allowed to, for example, refuse to provide services for a gay wedding ceremony because it contradicts their beliefs. What if someone used the same law to discriminate against them for being, say, conservative Christians? I doubt someone who feels oppressed by “Happy holidays” would think that’s just fine.

And, of course, whenever it’s your ideological or political opponent doing any of this, we’re heading straight towards a Fascist and/or Communist dictatorship. If it’s someone on your side, then great! About time!

There’s another thing behind this attitude besides self-centeredness. It’s the sense that the opinions you defend are right, and those of your opponents aren’t, and of course, evident truths and dangerous nonsense shouldn’t be treated equally. But outside of scientific or legal questions, we can’t appoint some authority to determine what’s right and then restrict people’s rights based on whether they hold the right opinions. Everyone must have the right to express their opinions, not just those whom you deem to have the right opinions. Everyone must have freedom of religion, not just those who belong to the “right” religion.

Rights are not just an excuse for you to demand that everything go your way. Appealing to rights in this way is a travesty, a form of selfishness and a demand for special treatment, not moral or a case of standing up for yourself.

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