“It Is Claiming that Gives Rights Their Special Moral Significance”

This passage from Feinberg’s “The Nature and Value of Rights” (here’s a Google books link ) helps me to frame and think further about what I said in my previous post on John Ruggie and respect, so I want to set it down here as a kind of postscript.

Where I used the word “demand,” which carries some sense of asking (like the French demander), and talked about respect as something we “ask” of others, Feinberg settles on the more legalistic “claim,” and most writers follow him. I can probably do the same and allow his work to inform what I have to say about “the power of asking.”

Claims are, after all, a kind of asking, a crying out (cf. Latin clamare); they call for an answer, and I think this becomes tolerably clear later on in the same essay, where Feinberg talks about “valid” claims; and in the passage below, where Feinberg offers the thought that  that “‘human dignity’ may simply be the recognizable capacity to assert claims.”

I would probably want to flip that point around or jostle it a little, to emphasize the role of recognition and the critical role second persons play in recognizing the dignity of first persons. If “it is claiming that gives rights their special moral significance,” then it’s fair to suggest that “moral significance” is something mutually created by those who make claims and those who recognize them, or at least recognize another’s capacity to make them.

Even if there are conceivable circumstances in which one would admit rights diffidently, there is no doubt that their characteristic use and that for which they are distinctively well suited, is to be claimed, demanded, affirmed, insisted upon. They are especially sturdy objects to “stand upon,” a most useful sort of moral furniture. Having rights, of course, makes claiming possible; but it is claiming that gives rights their special moral significance. This feature of rights is connected in a way with the customary rhetoric about what it is to be a human being. Having rights enables us to “stand up like men,” to look others in the eye, and to feel in some fundamental way the equal of anyone. To think of oneself as the holder of rights is not to be unduly but properly proud, to have that minimal self-respect that is necessary to be worthy of the love and esteem of others. Indeed, respect for persons (this is an intriguing idea) may simply be respect for their rights, so that there cannot be the one without the other; and what is called “human dignity” may simply be the recognizable capacity to assert claims. To respect a person then, or to think of him as possessed of human dignity, simply is to think of him as a potential maker of claims. Not all of this can be packed into a definition of “rights”; but these are facts about the possession of rights that argue well their supreme moral importance.

One thought on ““It Is Claiming that Gives Rights Their Special Moral Significance”

  1. Pingback: To Ask and To Demand | lvgaldieri

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