Inalienable Rights: A Plea for Open Options

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Inalienable Rights: A Plea for Open Options

ABSTRACT: Recent analyses of the concept of inalienable rights (i.e., analyses of the inalienable rights to life) transmute these rights into restrictions on the choices of individuals who possess the rights. In this paper I argue that such construals are counter-intuitive, and incompatible with the modern notion of rights as positive benefits to be enjoyed by those who possess them. I offer an alternative (somewhat Lockean) view which proposes that inalienable rights be regarded as entitlements to discretionary options, options the objects of which need not be chosen. To flesh out the theory, such rights (construed as discretionary options) are distinguished from absolute rights, from alienable rights, and from some kinds of indefeasible human rights. I point to several advantages of the open options account of inalienable rights, including the fact that inalienable rights construed as open options are rights that may provide grounds for calling oppressive governments to account, while at the same time protecting areas of freedom which make the possession of the rights worthwhile rather than burdensome. A concluding appeal suggests that the open options view of inalienable rights awaits and encourages the development of theories which bolster modern intuitions concerning the plausibility of affirming individuated, comprehensive, desirable, and universally applicable human rights.

In recent philosophical literature one justification for placing restraints on individuals has been based paradoxically on the notion that those individuals possess basic inalienable rights to liberty and life. It has been argued, for example, that if one has an inalienable right to 0, then there is a du...

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...reatise of Government, in Locke's Two Treatises of Government, ed. Peter Laslett, Cambridge: The University Press, 1960, p. 287.

2. Ibid., p. 289

3. Ibid., p. 399

4. Ibid., p. 289

5. Ibid., p. 290. Locke suggests elsewhere that the fact that we are God's property should also restrain us from killing ourselves. But if this (I believe theologically suspect) premise is rejected, the only moral restraint imposed by the Lockean view on self-inflicted death would stem from the negative effects opting out of life might have on innocent others.

6. See listings for 'Right', 'Indefeasible', 'Inalienable', and 'Inalienable rights', in Black's Law Dictionary (West Publishing Company, 1978) and (West Publishing Company, 1985).

7. See Joel Feinberg, "Voluntary Euthanasia and the Inalienable Right to Life," Philosophy and Public Affairs, Vol. 7, No 2, 1978, p. 113.

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