Consent and rights
On this topic
Date: Tue, 10 Oct 1995 15:37:31 +0100
From: "peter.harvey"
Subject: Consent and rights
Michel Clasquin prefers, as a basis for human rights, not 'some absolute ethical
standard' (Keown) but 'fixed ethical standard determined by the consent of
citizens' (Clay), himself adding 'we'd have to realize that it would only be
"fixed" until the consent changed'.
It seems we're back into something like 'social contract' territory, but this
time with //all// rights resting on agreement/ contract. What if the majority in
a society cosily agree to repress the minority? What if 100% of one country agree
to oppress an 'enemy'? I am reminded of the idea of 'decline of the Dharma' in
Buddhism. This is not that the Dharma itself declines: it consists of timeless
truths and moral norms (I know I'm going to be picked up on that, but too bad)
but the extent to which people -both individually and in groups- understand and
follow them declines over time. Perhaps human rights talk can be seen as one
attempt to arrest that decline.
Peter Harvey
Date: Wed, 11 Oct 1995 20:57:10 -0400
From: Sally Clay
Subject: Re: Consent and rights
Peter Harvey writes -
-------- start quote --------
Michel Clasquin prefers, as a basis for human rights, not 'some absolute ethical
standard' (Keown) but 'fixed ethical standard determined by the consent of
citizens' (Clay), himself adding 'we'd have to realize that it would only be
"fixed" until the consent changed'.
It seems we're back into something like 'social contract' territory, but this
time with //all// rights resting on agreement/ contract. What if the majority in
a society cosily agree to repress the minority? What if 100% of one country agree
to oppress an 'enemy'? -------- end quote --------
Of course, one classic argument for a just society, and for implementing rights
in an imperfect society, is precisely because equal rights for all will protect
the rights of the minority. (Perhaps, again, the key word here is "equal.")
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Sally Clay, Zangmo Blue Thundercloud
*** Northampton, Mass.
"Where the coffee is strong and so are the women."
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