Sunday, March 22, 2009

Rights And Liberties

Devils Kitchen has a fantastic post on the superficially subtle but fundamentally vast chasm between Human Rights and Liberties. In my view his quoting of Bishop Hill sums up the difference, and gives perfectly clear reasoning as to why rights pose the greatest threat to liberty today.

I've been wondering about the distinction between human rights and liberties for some time now and in recent weeks have come to the conclusion that a human right essentially defines an entitlement and therefore a duty on government (and perhaps on others), while a liberty defines a restriction on government (and perhaps on others). I've also concluded that human rights are potentially disastrous.

So what has this got to do with human rights? Well, from the HE perspective, how come then the state can demand entry to your home? How come they can force your children to talk to them? How come they can demand that you not be present? Haven't you got a right to privacy? The right to a family life? You would hope, wouldn't you that your human rights would protect you against this sort of thing. But you'd be wrong. The government will argue that the mere possibility of the loss of the child's rights justifies the loss of parental rights to privacy.

And this is the problem with human rights. By creating entitlements, but no understanding of how to balance different people's entitlements off against each other, they create confusion and sow discord and eventually leave the field of debate entirely empty, ready for government to legislate as they wish.


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