8.2.3 |
THE GENERAL INTRINSIC RIGHT-DUTY CONSTELLATION |
As depicted in
figure I.8.2.3.1 the basic member of
an intrinsic general right-duty constellation is the general duty
to do 'good' or not to do 'bad' in terms of a particular doctrine.
If, and insofar as, it is a duty to perform a 'right'
act, it is --what we shall call-- an 'activating duty'.
(Traditionally speaking this is a 'positive' duty. ) If, and
insofar as, it is a duty not to perform a 'wrong' act, it is
--what we have already called-- a 'nonactivating duty'. On a
decision-theoretical consequentialist or otherwise teleological
scheme the activating duty is to aim at the goal or goals of the
system, to serve its purposes. In a nonactivating form it is the
duty not to do anything that has harmful or bad effects with
respect to this goal or these goals.
The first party's duty corresponds with the general
'right' to do 'good' or not to do 'bad' in the doxastic terms of
the system. Like the coexistent party's 'right' in an extrinsic
general constellation, also the first party's 'right' in
an intrinsic general constellation is mandatory and nonexercisable.
It is therefore a half-right, but now either activating or
nonactivating dependent on the nature of the corresponding
same-party duty.
Maybe, a particular act which an addressed person or group of
persons has to perform (or to forbear from) must be to the
advantage of everyone, or must be on the average to the
advantage of all people or living beings, the fact remains that
a particular action (or omission) will in general be to the
advantage of some people, living beings or ecosystems, and to
the disadvantage of others (while not affecting a third party).
Within the bounds of the intrinsic general constellation those
who benefit from the first party's duty to do 'good', and
who ought to benefit from it (because that is what the
'goodness' depends upon), also have the right to the first
party's performance (or omission), or to what results from
it. If the first party has too much of a certain article,
for instance, and another group too little,
'e has the intrinsic
duty to give a part of it away (if not, then 'e does not
have 'too much' in terms of the doctrine under consideration).
Those who benefit from this act have an intrinsic
right to it, or an intrinsic right to a just, less unequal
distribution of those articles.
The living being(s) or ecosystem(s) which should benefit from
the first party's dutiful act (or omission) do not only
have the right to the advantages brought upon them, they are
even supposed to accept those advantages. In the event that it
sounds implausible that not only a giving party has the duty to
give, but that a recipient party could also have the duty to
take, this will probably be due to three confusions. Firstly, we
are talking about intrinsic rights and duties: extrinsically
speaking, the duty to take does not exist (nor the duty to give
away what is, from the normative point of view, not someone
else's property). Secondly, we are not talking about the rights
and duties of particular agents who give and take, but about
general rights and duties with indefinite addressees both at the
giving and at the receiving side. And thirdly, every sensible
normative doctrine will have to take the recipient party's
minimization of unhappiness or its wishes or interests into
account, and will thus solely 'force' recipients to take what
they like to receive, or what will benefit them in the long run.
If, and insofar as, the first party's duty is activating,
the right of the party to be advantaged in an intrinsic
general right-duty constellation is a passive right. If,
and insofar as, the first party's duty is nonactivating, it is
an active right. These rights have also been called "right of
recipience" and "right of action" respectively. Just as the core
element of an active right is a liberty (corresponding to
someone else's refraining from something), so the core element
of a passive right is a claim (corresponding to someone else's
duty to do something). Whereas an active right is a 'liberty
right', a passive right might therefore be classified as a
'claim right'. It is also a 'positive right' in one of its two
traditional meanings. (On our construction an activating duty
corresponds to an activating half-right of the same party, and a
passive right of another party, while a nonactivating duty
corresponds to a nonactivating half-right of the same party, and
an active right of another party.)
As a general right the right of the advantaged party in an
intrinsic general right-duty constellation is also a 'right
against the world at large'. There is no direct, same-party duty
corresponding to this right, or it must be the intrinsic
'duty' to accept the advantage(s) of the first party's
'good' performance (or omission). The disadvantaged party on the
other hand --because in practise it often cannot be avoided that
there is such a party too-- has the intrinsic, real duty to
accept the disadvantage(s) of that generally 'good' performance
(or omission). For this party there is no direct right corresponding
to this duty, or it must be the mandatory 'right' to
the disadvantage(s), or to accept the disadvantage(s).
It may seem incredible or facetious to speak of a 'right', or
even a half-right, to something disadvantageous to the bearer of
the 'right'
'imself or itself.
It would, indeed, certainly make
no sense to conceive of such a 'right' in isolation, but we are
never dealing with any right or duty in isolation; there are
only constellations of rights and duties. Like in the case of
extrinsic constellations, there is an element of reciprocity in
the total system here too. The very membership of the general,
natural or cultural, systems involved, whether formal or informal.
is associated with both the rights and the duties to
accept the advantages and the disadvantages of every act a
person or party ought to perform (or refrain from) with respect
to those systems or their members. Hence, tho a particular party
may be the disadvantaged one on one occasion, it may be the
advantaged one on another. (It remains to be seen, of course,
what advantage and disadvantage mean. Only a utilitarian
doctrine has no other choice than to define this in eudaimonist
terms. Other doctrines may do this as well, but need not to.)
Whereas the disadvantaged party has no direct right other
than the half-right to accept the immediate disadvantages of a
particular act or omission, it does have indirectly all the
rights and duties associated with membership of the kind of
system(s) concerned. The same holds for the advantaged party and
the first party. Temporally speaking, in the course of
time, there probably is not even a definite person or group
which is always the advantaged or disadvantaged one. If there
is, justice requires that there should not be. Like in the case
of extrinsic constellations, the reciprocity of the rights and
duties is again due to the generality of these rights and
duties. But if, and insofar as, the primary duty of the
constellation is an activating one, the reciprocity is now
conditional in that the party which would have the same duty in
the case of equal return must be able to perform the same act.
In this respect it may simply not belong to the same category as
that of the first party. Yet, if it does, the rights and duties
are reciprocal just like in an extrinsic constellation. Depending
on the ability to reciprocate, the advantaged party will
thus also have the reciprocal, general duty to do 'good', which
is an indirect duty for an advantaged party in an intrinsic
constellation. Correlated with this indirect duty is the first
perty's reciprocal right against the world at large, which
is, similarly, an indirect right for this party.
All rights and duties (but one) in an intrinsic general
right-duty constellation are created by or derive from the
first party's general duty to do 'good' or not to do
'bad'. Altho this duty itself may be thought of as being
fundamental as a duty, it is not fundamental from the perspective
of the doctrine involved. The duty to do 'good' or not to
do 'bad' in doxastic terms is based on or justified by means of
the principle(s) of a particular normative doctrine. That is why
this duty is 'intrinsic': intrinsic with regard to this particular
doctrine and its one or more principles. Fundamental are
only those principles. If the doctrine in question is utilitarian,
for instance, then no duty or right is to be recognized
which disserves the ultimate value of utility. Some utilitarians
have argued that the recognition of (nonlegal) rights, or rights
and duties, is itself good for nothing, or even harmful to
utilitarian ends -- 'nonsense upon stilts', so to say. Whether
this is true or not, if true, it does or would solely apply to
intrinsic rights and duties. It does have no bearing whatsoever
on the appropriateness of the concept of an extrinsic right-duty
constellation.
|