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Mortimer J. Adler:
On Rights, Natural and Civil
The word "rights" is a basic word in the
vocabulary of political science and political
philosophy.
Civil or political rights are those included in
constitutions or in the bills of rights. They are
the rights stated in the Constitution of the United
States, its amendments, and particularly in the
first ten amendments that are called our American
Bill of Rights.
These rights are either granted or not granted
by the state, and since they are within the power
of the state to grant, they can be countermanded by
the state when in the course of history fundamental
changes in policy are contemplated.
The Ninth Amendment contains an implicit
reference to natural rights by declaring that "The
enumeration in the Constitution of certain rights
shall not be construed to deny or disparage others
retained by the people." Jurists who deny the
existence of natural rights think that this Ninth
Amendment is an unfortunate blemish in our
Constitution because it appears to be an
affirmation of natural rights.
Why? Because in 1793, when this amendment was
adopted, the other rights retained by the people
were probably the natural rights mentioned in the
second paragraph of the Declaration of
Independence, such as the inalienable right to life
and liberty.
Natural rights are inherent in human nature.
They are, therefore, inalienable and belong to
every human being with no exceptions. They are
specifically human rights. Now that they have
become part of our government's declared foreign
policy, it becomes self-contradictory for legal
positivist to deny the existence of natural law and
natural rights, and yet to subscribe to our
government's foreign policy with regard to human
rights.
The exponents and defender of natural and human
rights can argue that the existence of natural
rights derives from the distinction between needs
and wants -- or, what is the same, between natural
and acquired desires. Since human needs are the
needs inherent in human nature, identified by the
potentialities that define them, natural rights are
rights to the real goods that everyone needs in
order to live a morally good human life.
The statement in the Declaration of Independence
that all human beings have certain inalienable
rights can be expanded to say that these include
the right to life, the right to liberty, and the
right to whatever any human being needs in order to
live humanely well.
Natural rights can be violated or secured by
government, but a perfectly just government is one
that secures and safeguards all natural and human
rights.
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