What does it mean to say "I have a right" to something? In this thought-provoking episode, Ron and Ed delve into the distinct realms of negative and positive rights, exploring how they shape our understanding of individual liberties and societal obligations. Join us as we unravel the philosophical, practical, and even business implications of these two concepts, challenging preconceptions and fostering a deeper appreciation for the complexities of rights discourse.
Use these show notes to follow along with the audio:
Segment one
Trevor Burrus @TCBurrus wrote an article for FEE called, “Is Health Care a Human Right?” which is the starting point for our conversation today. https://fee.org/articles/is-health-care-a-human-right/
“Someone on a desert island can claim the right to life but the tiger doesn’t have to listen.” —Ed Kless
Ron is reminded of Peter Block’s work — Confronting Our Freedom https://www.amazon.com/Confronting-Our-Freedom-Accountability-Belonging/dp/139415609X
Negative rights vs positive rights: Negative rights include inaction on the part of someone else. Positive rights require an action (ie. duty) on the part of someone else
“The nature of the corollary duty is what distinguishes positive rights from negative ones.” —Trevor Burrus from this article https://fee.org/articles/is-health-care-a-human-right/
1/4 All from Trevor’s article, there are 4 qualities that make negative rights and positive rights categorically different: 1) “Negative Rights are Absolute; Positive Rights Are Not” https://fee.org/articles/is-health-care-a-human-right/
2/4 “Negative Rights are Scalable; Positive Rights Are Not” https://fee.org/articles/is-health-care-a-human-right/
3/4 “Negative Rights Can Easily Exist Together; Positive Rights Cannot” https://fee.org/articles/is-health-care-a-human-right/
4/4 “Negative Duties are Universally Shared; Positive Duties are Not” https://fee.org/articles/is-health-care-a-human-right/
Segment two
An example of positive rights from Trevor’s article: “In 2009, under Massachusetts’s ‘universal’ health care system, 31,000 legal immigrants had their state-subsidized health insurance scaled back in order to counter budget shortfalls.” https://fee.org/articles/is-health-care-a-human-right/
What does compossibility mean? Don’t worry, I had to look that one up too. Compossibility is a philosophical concept that refers to the ability or possibility of coexisting.
At some point you will find yourself on the other side of government policy. This is one of Ed’s arguments against Executive Orders.
Ron mentioned Ayn Rand’s book, Capitalism, The Unknown Ideal. Here is a link: https://aynrand.org/novels/capitalism-the-unknown-ideal/
Segment three
Positive rights do exist in the mind of the Libertarian but only after you have a contract. Once you have a contract then there are positive rights that can be expected.
Here’s a fun thought experiment around rights: Does an accountant have a right to not perform his/her duties for a business or person that they think might be a cheat?
The Second Bill of Rights or Bill of Economic Rights was proposed by United States President Franklin D. Roosevelt during his State of the Union Address on Tuesday, January 11, 1944 https://en.wikipedia.org/wiki/Second_Bill_of_Rights
The second bill of rights included topics such as an Adequate income for food, shelter, and recreation, Farmers' rights to a fair income, Freedom from unfair competition and monopolies, Decent housing, and Adequate medical care
Segment four
“Liberty is the absence of coercion and freedom is a choice.” —Peter Block
The right to a trial by jury in the Constitution is a positive right. There are a few, but not many, other positive rights in the Constitution. Most are negative rights.
This is a heavy show so we are going to wrap it up on a light note with a discussion on this article. “Why the Ethics of ‘Would You Kill Baby Hitler?’ Are More Important Than You Probably Think” https://fee.org/articles/why-the-ethics-of-would-you-kill-baby-hitler-are-more-important-than-you-probably-think/
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