Tuesday, August 21, 2018

To shape an honest Human Rights Philosophy

There was a time when the demarcation line between the idea of Human Rights and the adherence to Human Rights, was so clear the debate on the subject was elementary. Things have changed, and the journey that brought us to where we are today is a long and complicated one.

The moment that the human species discovered it had evolved enough to conduct itself by reason, and not by instinct alone, was the moment that the question of relationships between individuals enjoying different levels of power sparked the Human Rights debate. The discussion must have started when parents asked themselves how much responsibility they had toward protecting their children not only from external threats, but from themselves as well; they who had absolute power over the little ones.

Another major development in that vein must have taken place when land owners and their hired hands came to an understanding as to the duties and obligations that each had toward the other. And then, as the human species developed scientifically, technologically, industrially, economically and organizationally, the relationships between individuals as well as between them and the authorities of the state, evolved to become a Social Contract and a body of laws meant to enforce the social contract and maintain social tranquility.

Each of those developments created a whole new web of complex relationships (between governor and governed, boss and worker, teacher and student, server and patron, and so on and so forth) where Human Rights could be violated or perceived to have been violated. This is when the demarcation line between the idea of Human Rights and the adherence to Human Rights became blurred.

Needless to say that a great deal of confusion ensued, and hasn't been straightened out to this day. An example of the difficulties involved in navigating through the maze of the issues involved, came in the form of an article under the title: “What Went Wrong With Human Rights” and the subtitle: “The conflation of 'natural law' with 'positive law' handed communism a philosophical victory after the end of the Cold War.” It was written by James Taranto and published on August 18, 2018 in the Wall Street Journal.

Taranto is discussing a book that was written by Aaron Rhodes on Human Rights, not his own views. He also met with Rhodes, and spoke with him about the US withdrawing from the UN Human Rights Council, quoting him as saying that the Council is controlled by Islamic theocracies and influenced by China. Those countries are forming a vision of their own, says Rhodes. It is human rights without freedom; one that's based on economic and social rights where freedoms are restricted in the interest of peace and stability, Rhodes went on to say.

In fact, this conforms with what he has argued in his book: “The Debasement of Human Rights: How Politics Sabotage the Ideal of Freedom,” in which he also said that the UN made an error in its 1948 Universal Declaration of Human Rights where it conflated “natural Law” with “positive law.” Rhodes defined positive law as the law of states and governments, whereas natural law is a higher law that is also universal, he added. He went on to explain that natural law was a force acting as a constraint on positive law.

I did not read the Rhodes book, so I cannot pass judgment on it. But James Taranto quoted enough of it to indicate that Rhodes, who complained about politics sabotaging the ideal of freedom, is himself so deeply drowned in politics, he cannot hide that his philosophy is tainted by his hatred for Communism and what he calls the Islamic theocracies. But this inconsistency pales when compared to the serious flaw that's plaguing his philosophy on Human Rights; a philosophy he shares with many others.

Here is what Aaron Rhodes has said: “This [idea of Natural Law] is a vision that is very deeply embedded in Western civilization.” On his part, James Taranto explained that it found, “premodern expression in the ideas of the Greek Stoics and the Roman statesman Cicero, as well as in biblical canon law.” Maybe so, but before that –– something like billions of years before that –– the species that did not obey the Natural Laws of self-preservation became extinct very quickly. Those that obeyed the law which ordered not to kill a member of one's own species, went on to flourish and evolve into myriad other species, including us, homo sapiens. In fact, the natural laws were written into our genetic code before anyone had heard of the Greek Stoics or Rome's Cicero.

Life being the most fundamental of Human Rights according to the body of Natural Laws, the two most backward jurisdictions and highest violators of Human Rights in the world today, are Israel and America – the first being the butcher of Palestine, the second being the murder capital of the world. When it comes to Human Rights, these two should hang their heads in shame and keep their mouths shut.

Meanwhile the rest of the jurisdictions around the world are picking up ideas from among the best practices in the field of human relations as detected in the workplace, the classroom, the marketplace and every place where people gather and interact with civility and peacefully.

The leaders running those jurisdictions are in the process of fashioning a system of governance to replace that which has outlived its usefulness and ceased to work adequately in the modern era.