Can you sketch the outline of a rational proof for the existence of an "inalienable" right?
Now you've done it: you've asked a mathematician for a proof.
Proving the existence of "rights" is like proving the existence of "points" or "lines": these are the basic assumptions on which everything else is based (in math, what we call an "axiom"). If I
proved the existence of rights, that proof would be a logical argument based, ultimately, on--you guessed it--
axioms! So if I can prove the existence of rights, it would only be because I assumed it (whether obviously or subtly) in my original axioms.
So axioms are not subject to proof. Even mathematics, the most perfect intellectual achievement in the history of the universe, is based on axioms I can't prove. Is there really such a thing as "set"? What
is a set, exactly? And don't tell me it's a collection of "things," because I'll only ask you what a "thing" is, and soon we'll be arguing whether nonexistent "things," like pink elephants, are "things"...
OK. With that out of the way, the best argument for inalienable rights is to argue that nobody
has any rights. Sound silly? Well, if I'm not doing anything to you, where do you get the right to come over and molest me? Nowhere, that's where. And if you're not doing anything to me, where do
I get the right to molest
you? Again, nowhere. It we don't get this right from anywhere, then nobody has any right to assault anyone else, or impose his will on anyone else, or generally mess with anyone else.
Now everyone else has
no right to aggress against me, just as I have
no right to aggress against them. I sometimes say that I
have a right
not to be aggressed against, but by that I only mean that nobody else has the right to aggress against me.
That's not a mathematical argument; it's the sort of dialog we would have if we were discussing foundations--i.e., set theory. But I think it's extremely convincing.
And if I do say so myself, I think it quite artfully puts the burden of proof where it belongs: on
your shoulders. I'm not doing anything to you, so I don't need to justify myself to you. It's
you who wants to seize my land to build a road, or seize my money as "taxes," or put me in a cage because you don't like what I'm eating, or drinking, or smoking. Who gives you the right to do that? Nobody. So leave me alone.
At this point you will of course introduce democracy, and claim that being in the majority gives you the right. That's not a rational argument, though; it's religion. If three people are stuck on an island, and two of them agree to eat the third, how does being in the majority justify their action? It doesn't. You just have this religious belief that the "majority" is more than just a mob: it's a sort of divine being in its own right, that's entitled to get its way.
--Len.