Most people talk about “rights” without knowing what they mean. (Similarly, most people use the verb “deserve” without knowing what they mean; the two may be related.) We have seen a proliferation of enumerated “rights” over the past several centuries, as well as a great improvement in aggregate quality of life; it is occasionally tempting to suspect that the one has brought on the other, but without defining our terms we can’t hope to verify or disprove this hypothesis.
Fortunately, James Sadowsky has quite simply and effectively defined “right”:
When we say that one has the right to do certain things we mean this and only this, that it would be immoral for another, alone or in combination, to stop him from doing this by the use of physical force or the threat thereof. We do not mean that any use a man makes of his property within the limits set forth is necessarily a moral use.
– from “Private Property and Collective Ownership”, quoted in Murray N. Rothbard’s “The Ethics of Liberty”, p.24
So, you have the right to do something if it’s immoral for me to stop you. Furthermore, having the right to do something doesn’t necessarily mean that doing so is okay. You may have the right to behave like an asshole, but you’re still an asshole if you do so.
Rights, then, are pretty powerful things.
It is therefore natural that when we want something important, we see it as a right — we see those who stand between us and what we want as immoral. This is often the case. The feminist movement, for example, demands the recognition of women’s rights; similarly, the American Civil Rights movement demanded recognition of the rights of African-Americans. The American Declaration of Independence declares that:
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government[...]
Note that you cannot create or revoke rights — you can only choose to recognize them, or not. The feminists didn’t create women’s rights; they forced their recognition. The Declaration of Independence didn’t create the rights to life, liberty, and the pursuit of happiness; it recognized them. (It seems to me that “pursuit of happiness” is subsumed by “liberty”, but hey.)
Note also that rights are inherently individual. Again, feminists didn’t establish rights for the female sex; they established that individual women have the same rights as any other individual. It therefore follows that groups and institutions do not have rights — governments have no rights, corporations have no rights, political parties have no rights — except the individual rights of each individual in the group. Rights are based upon action, and only individuals can act; when someone acts in proxy for or under the authority or aegis of a group, s/h/it’s probably doing something wrong and trying to absolve s/h/itself of blame.
Now, dear reader, I’ve put you through this philosophical discussion simply to set the stage for yet another expression of West Coast idiocy:
This is why the word “rights” has so little meaning — people tack it onto every two-penny cause they can find and, like homeopaths, dilute it beyond efficacy or recognition. From the article:
Under the taxi bill of rights, passengers have the right to:
- Be picked up and transported to their stated destination by any available on-duty taxi driver.
This is probably the impetus for the whole debacle. It seems that people from suburban Vancouver would go downtown, get drunk, take cabs home at three in the morning, then dash off without paying for their rides (which are quite expensive — easily $50 and up). This leaves the cabbies with no fare for their long trip out to the ‘burbs, no prospect of picking up a new fare into downtown, and plenty of missed fares during the round-trip. Thus, many cabbies stopped taking people back out to the ‘burbs, “stranding” them downtown.
The interested reader might note that Greater Vancouver has a number of night bus routes intended specifically to take people from downtown to the suburbs after the bars have closed. This reader may well remember that the province has committed fourteen billion dollars — that’s a one, a four, and nine zeros — to public transit, in the explicit hope that more people will take the bus. He or she might put these facts together and conclude that, if ‘burb-dwellers feel “stranded” when there’s a perfectly good government programme to get them home, that government programme works about as well as the others and doesn’t merit fourteen fucking billion dollars of turd-polishing.
But that’s a rant for another time.
Is it immoral to refuse someone’s business on the grounds that it would be risky not to? Certainly not; it may in fact be immoral to risk someone else’s investment on a risky deal without their prior consent (see, for example, the American Savings and Loan crisis). This “right” is bullshit, merely a matter of convenience for customers; furthermore, asserting it as a “right” dilutes every other natural right.
Further, the Transportation Minister phrased this “right” passively. Rights are not passive; they are active, as they are defined in terms of actions. Passive “rights” are nothing more than impositions upon the behaviour of those not granted the “right” in question — in this case, a restriction upon the property rights of the cabbie (in particular, s/h/its right to free exchange). Indeed, most of the other “rights” of the taxi passenger are passive. Here’s one that isn’t:
- Pay the posted rate by cash, or accepted credit card or taxi-saver voucher.
This is indeed a right; it’s part of the right to property (via contracts). Once again, though, asserting a specific component of the right to property weakens the recognition of non-asserted components. So far as I know, no-one has specifically asserted my right to own an iPod; this may lead some people to claim that I have no “right” to own “frivolous luxuries” (after all, if I did, it would be stated somewhere, right? This is also my biggest issue with positive liberties).
The other legitimate rights listed in the “bill” are also components of the right to property, through freedom of exchange. (They are also phrased in active terms.)
Here’s where things get interesting:
- A courteous driver who provides assistance, if requested.
Bullshit once again. No-one has a “right” to be treated with courtesy. Taxi drivers have every right to be rude — it’s the “free speech” part of that whole “liberty” thing — and are welcome to risk losing their jobs if and when they are.
Does one have a right to assistance? That’s an interesting question. If you see someone being assaulted, is it immoral for you to not defend them? (If so, then nearly all of us are fundamentally immoral.) It’s certainly in one’s best interests to provide assistance to others, and thereby increase the chances that others will feel interested in assisting us, but I don’t think it’s necessarily a moral imperative. It’s certainly immoral to coerce others into providing assistance, which is what this “right” is trying to do.
So we’ve come full circle: Noticing that most people haven’t the slightest clue what they’re talking about when they talk about “rights”, we’ve established a reasonable definition for the term that satisfies all of the big ones and none of the frivolities, and used that definition to confirm that, in particular, the B.C. government’s Transportation Minister hasn’t the slightest clue what he means by the term. To paraphrase the late Col. Jeff Cooper:
I may seem quite pedantic, but improvement would be seen
If we could bring ourselves to say precisely what we mean.
As I mentioned at the beginning of this article, improvement has been seen. Say what you will about the evils of modern society: I’m pleased to live in an age of scientific medicine, pervasive sewer networks, Internet commerce, and the OLPC project. If we take the otherwise execrable “taxi passenger’s bill of rights” as an example (we could as easily choose the Airline Passenger Bill of Rights or the Homeowner’s Bill of Rights), we might be forgiven for concluding that the broad recognition of property rights, mostly in terms of freedom of commerce and exchange, is driving this improvement. (We might draw the same conclusion from even a cursory understanding of history.)
Property rights. Sounds awfully, um, libertarian, doesn’t it?
Must be coincidence.