John Milton on The Tenure of Kings and Magistrates

In the nature of my investigation into rights, rights history, justice, and ethics:

http://www.dartmouth.edu/~milton/reading_room/tenure/index.shtml

‘This authority and power of self-defense and preservation being originally and naturally in every one of them, and unitedly in them all, for ease, for order, and lest each man should be his own partial judge, they communicated and derived either to one whom for the eminence of his wisdom and integrity they chose above the rest, or to more than one whom they thought of equal deserving. The first was called a king, the other, magistrates: not to be their lords and masters (though afterward those names in some places were given voluntarily to such as had been authors of inestimable good to the people), but to be their deputies and commissioners, to execute, by virtue of their entrusted power, that justice which else every man by the bond of nature and of covenant must have executed for himself, and for one another. And to him that shall consider well why among free persons one man by civil right should bear authority and jurisdiction over another, no other end or reason can be imaginable.’

‘For as to this question in hand, what the people by their just right may do in change of government or of governor, we see it cleared sufficiently, besides other ample authority, even from the mouths of princes themselves. And surely they that shall boast, as we do, to be a free nation, and not have in themselves the power to remove or abolish any governor supreme or subordinate, with the government itself upon urgent causes, may please their fancy with a ridiculous and painted freedom fit to cozen babies; but are indeed under tyranny and servitude, as wanting that power which is the root and source of all liberty, to dispose and economize in the land which God hath given them, as masters of family in their own house and free inheritance. Without which natural and essential power of a free nation, though bearing high their heads, they can in due esteem be thought no better than slaves and vassals born, in the tenure and occupation of another inheriting lord, whose government, though not illegal or intolerable, hangs over them as a lordly scourge, not as a free government — and therefore to be abrogated.’

– John Milton

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More on Rights and Justice

After some thought, it seems that justice is grounded in rights, and  rights are grounded in worth and respect for worth. This, I think, gives the best grounding for rights. I also think that the Judeo-Christian tradition gives the best account of human worth – but I am interested in hearing from those who do not agree on this matter.

Questions to consider: If rights are not grounded in worth, what are they grounded in? Is there a better account of human worth than the Judeo-Christian tradition?

T.F. Torrance on Realism

The following quote was originally read here: http://dogmatics.wordpress.com/2009/01/27/realism-defined/

‘The contrast between realism and idealism, implied in the use of either term, evidently has its source in the distinction we make between subject and object, idea and reality, or sign and thing signified. This is a natural operation of the human mind, for it belongs to the essence of rational behavior that we can distinguish ourselves as knowing subjects from the objects of our knowledge, and can employ ideas or words to refer to or signify realities independent of them. Normally our attention in knowing, speaking, listening, or reading is not focused upon the ideas or words we use, far less upon ourselves, but upon the realities they signify or indicate beyond themselves. Hence in our regular communication with one another we use and interpret signs in the light of their objective reference. Thus the natural operation of the human mind would appear to be realist.

We use these distinctions, then, between subject and object, idea and reality, or sign and thing signified, naturally and unreflectingly, and only turn a critical eye upon them when something arises to obscure signification, such as a break in the semantic relation. Much now depends upon where the emphasis falls, upon the signifying pole or the objective pole of the semantic relation, that is, upon idea or reality, upon sign or thing signified.

…we shall use the term [realism], not in an attenuated dialectical sense merely in contrast to idealism, nominalism, or conventionalism, but to describe the orientation in thought that obtains in semantics, science, or theology on the basis of a nondualist or unitary relation between the empirical and theoretical ingredients in the structure of the real world and in our knowledge of it. This is an epistemic orientation of the two-way relation between the subject and object poles of thought and speech, in which ontological primacy and control are naturally accorded to reality over all our conceiving and speaking of it. It is worth noting that it was a realist orientation of this kind which Greek patristic theology, especially from the third to the sixth century, struggled hard to acquire and which it built into the foundations of classical theology. [Ditto for relativity theory in 20th century science.] (Thomas F. Torrance, Reality and Evangelical Theology, pp. 58-60.)

Is a Secular Grounding of Human Rights Possible?

Here’s a fantastic discussion/debate on the topic of grounding human rights:

It’s long and technical, but well worth your time. If you click the link and go to YouTube, each different topics beginning time is marked to make navigation a bit easier.

More on Rights

I’m still not feeling well enough to really go deeper into rights-history, so for now here’s what I’ve been thinking of:

Is a secular (non-theistic) grounding of human rights possible? Can one ground rights in a solid way without recourse to some kind of theistic belief? For those who may not know, I myself am fully convinced that only a theistic account of rights/worth provides the grounding needed for a solid theory of rights.

Beginning to Delve into Rights-History

A few preliminary thoughts:

My goal here is basically to test Nicholas Wolterstorffs thesis that the concept of natural human rights originated not with the Enlightenment, and not in the middle ages, but in the Old Testament. I’ll probably refrain from developing any theories of rights (I’ve done that, albeit not very well, elsewhere) here – this is primarily going to be a historical exercise.

Brian Tierney’s book (http://www.amazon.com/The-Idea-Natural-Rights-University/dp/0802848540/ref=sr_1_1?ie=UTF8&qid=1339860404&sr=8-1&keywords=brian+tierney) does what I think is an outstanding job showing that the idea of rights goes back at least to the middle ages – I won’t be defending that thesis because honestly, I think it’s pretty hard to argue with.

There is no room for doubting the idea that justice is a major theme of the Old Testament – particularly in the writings of the Prophets. The question is, however, does this concept of justice contain a primitive idea of rights that developed into what we recognize as rights today?

For inherent, natural rights to be valid, it seems that humans must have worth – humans with value have a right to not be treated in a certain way. This is a thesis of Wolterstorffs that I agree with – that rights are grounded in worth.

‘…I conclude that if God loves a human being with the love of attachment, that love bestows worth on that human being; other creatures, if they knew about that love, would be envious. And I conclude that if God loves, in the mode of attachment, each and every human being equally and permanently, then natural human rights inhere in the worth bestowed upon human beings by that love.’ (Nicholas Wolterstorff, ‘Justice: Rights and Wrongs,’ pp. 360)

If this is in fact the case, that rights are grounded in worth, then the Old Testament is a treasure-trove of primitive rights ideas – not full-blown theories, obviously. The Old Testament writers were not jurists or lawyers developing legal theory. But a central idea of the Old Testament is that human beings have worth. If the thesis above is true, thenby default the Old Testament is implicitly saying that human beings also have  rights.

This leads to an interesting question: can rights be grounded without worth bestowed by God? In other words, can a solid, well-grounded secular theory of rights be developed?

Some Resources on Rights

I’m not feeling well enough to delve into the more academic inquiry into rights at the moment – so here’s a few resources to lay the groundwork and context for the more serious inquiry.

This is an excellent (and short) essay by Brian Tierny which briefly details the medieval development of the concept of natural rights: http://www.medievalists.net/2012/06/10/the-idea-of-natural-rights-origins-and-persistence/

Nicholas Wolterstorffs outstanding book, ‘Justice: Rights and Wrongs’: http://books.google.com/books?id=SMUBIUt4PEYC&pg=PA109&lpg=PA109&dq=nicholas+wolterstorff+justice+in+the+new+testament&source=bl&ots=CFv4D9ci9w&sig=OiXGxlqgywVyPVX40JWF8jrZwY0&hl=en&sa=X&ei=f49oT7OuMsiusgL304yVCQ&ved=0CEAQ6AEwBA#v=onepage&q&f=false

And lastly, my own musings on the topic of rights, ethics, justice, etc:

https://theologiansinc.wordpress.com/category/ethics/