The logic of rights claims
Although rights claims are used in a number of different ways in day to day speech,
the following basic logic of rights claims has been used in rights-based
objections to utilitarianism. (Click here
for some of the other ways rights claims are used.)
If A has a right to X, then it would be wrong to deprive A of X on purely utilitarian grounds.
In this sense, moral rights have been characterized as "trump cards against utilitarian arguments."
Three rights-based objections to utilitarianism:
- Slavery: Suppose that, by enslaving 5% of the population, we could produce
so much extra happiness for the other 95% whom they serve, that the happiness created by the
institution of slavery clearly outweighs the unhappiness the slaves suffer.
- Punishing the innocent: Suppose there has been a string of horrible murders,
and although the police don't know who has really been responsible, they know with certainty
that they can frame an innocent man without it ever being discovered that they framed him
and they also know that successfully prosecuting someone will end the series of murders.
- Promise keeping: Suppose two men are climbing a very challenging mountain when
one suffers terminal injuries in a fall. Before he dies, the injured climber gives his
partner the password to his secret Swiss bank account after the partner promises to use the
hundreds of thousands of dollars stored there to give the dying man's children the best
education money can buy. When the surviving climber returns, he learns that the dead man's
children already have enough money in their trust fund to attend Texas A&M, so he takes the
money from the Swiss bank and gives it to a charity that provides basic medical care to
impoverished people in India.
A standard objection to utilitarianism is that it neglects individual
rights, and each of the foregoing can be understood as a particular
case of that.
Two questions for rights theorists
Obviously, two questions for any rights theorist are:
- What determines which rights individuals have?
One traditional answer is that rights are God-given. One possible secular answer would be that individuals' most basic needs are protected by rights, or that rights attach to what is essential to being the kind of animal one is.
- What ought we to do when rights conflict?
One obvious option is to prioritize rights and say that more basic rights trump less basic ones.