Several commentators, such as Joe and Jim, have been puzzled about my use of "a right," feeling I am perhaps being overly restrictive. Well, then, let me give some background to explain my thinking here.
Historically, a right was something of which, if denied, the party suffering the denial had means of redress against the denier. The King had the right to all the game in the New Forest, and should his right be denied, the denier could be prosecuted for poaching. Farmer Giles had the right of way through Farmer Maggot's fields to get to market, and should Farmer Maggot block that right of way, Farmer Giles could sue him. The Archbishop of York has the right to ten percent of the proceeds from all sales of ale in his see, and any brewer who fails to pay up may be fined.
The scope of these rights expanded in the Angloworld, in the 17th and 18th century, and things like the right to freedom-from-arrest while sitting in Parliament and the right to freedom of the press were asserted in different times and places. Although these things were often less specific than earlier rights they still follow the same template: X cannot be blocked from doing A or forced to do B by Y, and if Y does not heed this disability, X has means of redress against Y.
But soon, rights language was used to talk about things that do not fit that template at all. In doing so, I believe we have paid the price of our discourse has been muddied without any compensating gain.
Let us imagine that you are very concerned about children in the developing not getting enough education. You can express a vague, general concern about the matter: "It's a real shame these children do not get more education." That's not really an action plan or much of a commitment, but at least it is honest. But you might go further: you might lobby some particular government to make K-12 education free and mandatory, you might endow an educational foundation to build schools in Sri Lanka, or you might become a teacher in Botswana.
Alternately, if you really only have that originally mentioned vague, general concern, but want to appear as if you are a very serious person with great commitment to a cause, you can angrily declare "Every child in the world has the right to a free K-12 education!" You might even hold a sign up to that effect outside the UN for an hour one Saturday.
There is no particular entity that, by this declaration, anyone can sue should they not have a K-12 delivered to them for free. There is no particular entity that, by this declaration, is now legally obligated to provide this benefit. It is, in fact, no more efficacious in actually getting anyone an education than was the original, vague concern.
A declared "right to revolution" is, I suggest, a similarly empty right. Its real core of meaning is an assertion that "There are certain circumstances in which it is not wrong for citizens to rebel": it is a denial of the doctrine of passive obedience. But put into the language of rights, this sound principle has an element of nonsense mixed in: who, exactly, is one going to sue if one's right to revolution is denied?
What I suggest is that rights talk of this latter variety can be replaced, with a gain in clarity and no loss of moral oomph, with expressions that do not strain the original meaning of "a right" beyond the bursting point. If someone declares that "Every adult has the right to a job," they mean one of two things (or perhaps something else concrete resembling these two things that I haven't thought of), or they are merely posturing:
1) They may mean that every adult has the right to seek employment how and where they will, meaning concretely, perhaps, that a state law banning blacks from teaching can be struck down by the court, or that no town may restrict the entry of job seekers from outside the town.
2) They may mean that every adult who cannot find work elsewhere must be hired by the government, and can sue the government should it fail to offer a job.
If either 1) or 2) are meant, I think it is much better to say those things than to simply to declare "a right to a job." And I think that generally, if neither 1) nor 2) are meant, what we are witnessing is just a display of being a very serious, caring person for the sake of the display, with no real idea of how this purported concern is to be turned into action.
Historically, a right was something of which, if denied, the party suffering the denial had means of redress against the denier. The King had the right to all the game in the New Forest, and should his right be denied, the denier could be prosecuted for poaching. Farmer Giles had the right of way through Farmer Maggot's fields to get to market, and should Farmer Maggot block that right of way, Farmer Giles could sue him. The Archbishop of York has the right to ten percent of the proceeds from all sales of ale in his see, and any brewer who fails to pay up may be fined.
The scope of these rights expanded in the Angloworld, in the 17th and 18th century, and things like the right to freedom-from-arrest while sitting in Parliament and the right to freedom of the press were asserted in different times and places. Although these things were often less specific than earlier rights they still follow the same template: X cannot be blocked from doing A or forced to do B by Y, and if Y does not heed this disability, X has means of redress against Y.
But soon, rights language was used to talk about things that do not fit that template at all. In doing so, I believe we have paid the price of our discourse has been muddied without any compensating gain.
Let us imagine that you are very concerned about children in the developing not getting enough education. You can express a vague, general concern about the matter: "It's a real shame these children do not get more education." That's not really an action plan or much of a commitment, but at least it is honest. But you might go further: you might lobby some particular government to make K-12 education free and mandatory, you might endow an educational foundation to build schools in Sri Lanka, or you might become a teacher in Botswana.
Alternately, if you really only have that originally mentioned vague, general concern, but want to appear as if you are a very serious person with great commitment to a cause, you can angrily declare "Every child in the world has the right to a free K-12 education!" You might even hold a sign up to that effect outside the UN for an hour one Saturday.
There is no particular entity that, by this declaration, anyone can sue should they not have a K-12 delivered to them for free. There is no particular entity that, by this declaration, is now legally obligated to provide this benefit. It is, in fact, no more efficacious in actually getting anyone an education than was the original, vague concern.
A declared "right to revolution" is, I suggest, a similarly empty right. Its real core of meaning is an assertion that "There are certain circumstances in which it is not wrong for citizens to rebel": it is a denial of the doctrine of passive obedience. But put into the language of rights, this sound principle has an element of nonsense mixed in: who, exactly, is one going to sue if one's right to revolution is denied?
What I suggest is that rights talk of this latter variety can be replaced, with a gain in clarity and no loss of moral oomph, with expressions that do not strain the original meaning of "a right" beyond the bursting point. If someone declares that "Every adult has the right to a job," they mean one of two things (or perhaps something else concrete resembling these two things that I haven't thought of), or they are merely posturing:
1) They may mean that every adult has the right to seek employment how and where they will, meaning concretely, perhaps, that a state law banning blacks from teaching can be struck down by the court, or that no town may restrict the entry of job seekers from outside the town.
2) They may mean that every adult who cannot find work elsewhere must be hired by the government, and can sue the government should it fail to offer a job.
If either 1) or 2) are meant, I think it is much better to say those things than to simply to declare "a right to a job." And I think that generally, if neither 1) nor 2) are meant, what we are witnessing is just a display of being a very serious, caring person for the sake of the display, with no real idea of how this purported concern is to be turned into action.






