If we are ignorant of human rights or reject them they do not exist as far as we are concerned.
Disagreeing with an assertion or being ignorant of an assertion has nothing to do with whether or not the assertion is actually true or whether it actually exists.
If they exist regardless of our beliefs or awareness of them there is a substantial foundation for a moral code and legal system.
I believe their existence stems from our nature as rational, sentient and moral beings. It is unreasonable to treat ourselves others as though we are not rational, sentient and moral beings.
I think this is what Kant asserted, but as I said earlier, it doesn’t hold up after Darwin’s assault on the notion of intrinsic biological natures and Hume’s gulf between is and ought.
No. Human rights aren’t real if they exist only in our minds and have no reference to our physical and personal characteristics.
Of course they have reference to our characteristics. And they don’t exist “only in our minds.” If we live by them we
make them real in a new not merely mental way. Ignoring their positive effects is then no different between ignoring the positive effects of microchips. There still remains the possibility for debate about whether or not these things really are good and have positive effects and the possibility of creating something still better. We don’t have to pretend that human rights some existence that stands appart from time and space rather than a place in our culturally constructed historical context to be able to argue that we ought to abide by these rights. We just need to convince others that life would be better if we all lived by them. Thankfully, we are in a position where we pretty much all agree that we ought to live by human rights, so we don’t need to make ratioinalo arguments for them.
But where we do need to make arguments, pointing to a metaphysical foundation is unlikely to help win any debates with those who can’t already see that life would be better if we lived by human rights. We can humanely detain those who would not extent such considerations to those of us who do support human rights and act in violation of our rights.
The difference in our positions is this: you think rights are determined by our intrinsic natures wereas I think rights are a progressive innovation. In light of Darwin, homo sapiens themselves are a biological innovation with no static intrinsic nature. Human rights are part of our self-creation. They are part of our on-going project to communicate what it means to be human. Instead of rights being a function of human nature they are a function of the defiintion of “human.”
As I said in my first post in this thread, the human rights articulated by the Founding Fathers are “self-evidently true (true by definition) because if one does not have right to life, liberty, and property she is not really human. In other words, to kill, to enslave, or to steal from someone is to treat them as less than human and to also be less than human.”
Many of the Founding Fathers (including apparently Jefferson) surely thought as you do in terms of rights as “endowed by their Creator” and part of our intrinsic Nature. I think Darwin later made it difficult to sustain such a view outside of theism, so a Deist like Jefferson would have likely changed his view on Human Nature had he lived long enough.
Isaacson related Franklin’s view to Hume’s Fork between analytic and synthetic truths. It looks like Franklin got rid of “sacred and undeniable” in favor of “self-evident” as part of a similar debate to what we are having right now:
“The idea of “self-evident” truths was one that drew less on John Locke, who was Jefferson’s favored philosopher, than on the scientific determinism espoused by Isaac Newton and on the analytic empiricism of Franklin’s close friend David Hume. In what became known as “Hume’s fork,” the great Scottish philosopher, along with Leibniz and others, had developed a theory that distinguished between synthetic truths that describe matters of fact (such as “London is bigger than Philadephia”) and analytic truths that are self-evident by virtue of reason and definition (“The angles of a triangle equal 180 degrees”; “All bachelors are unmarried”). By using the word “sacred,” Jefferson had asserted, intentionally or not, that the principle in question–the equality of men and their endowment by their creator with inalienable rights–was an assertion of religion. Franklin’s edit turned it instead into an assertion of rationality.”
Human rights in Franklin’s Humean position are analytic truths–true by definition. This is my view as well.
Human rights in Jefferson’s Lockean position are synthetic truths–facts grounded in our intrinsic nature. This is your view as I understand it.
The good news is that human rights can be supported in either the religious or secular approach, so not only do we not have to worry about our agreement on rights, we don’t have to worry about what happens to the support for human rights when one drops religion.
Best,
Leela