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Bernt Pölling-Vocke (bernty@gmx.com) |
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Master of International Relations |
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Victoria University, Wellington, New Zealand |
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| The main way in which individualism is globally articulated is the doctrine of human rights. Can human rights be reconciled with the rights of the community? | ||
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Human
rights are divided into negative (rights to be free from) and positive
human rights (rights to). They derive from natural law, the doctrine
that just laws are immanent in nature and can only be discovered but not
created.
Human rights are absolute rights, but often contain a
possession-paradox. They are sometimes called “inalienable”, which
means that their alienation results in a life left not considerable a
fully human life. Human rights are no favours by the powerful, but
instead part of the human status, with all humans being equal. Being a
human alone entitles possession of these rights. Human rights can be
categorized into civil, political, economical, social and collective
rights. Some arguments concerning a hierarchical approach concerning
these rights exist, but critics argue that a discussion whether the
right to life is superior to that to holidays with pay undermines the
validity of paid vacations as a right. Overall, the idea of human rights
is closely connected to that of political individualism, thus the
classic liberal idea of a society consisting of independent, rational
beings quite capable of making up their own minds about what is best for
them. Difficulties attached to such rights can be considered as
“extremism of rights”; for example the capability of rights to turn
individuals righteous without regard to their surroundings or
self-righteous. Especially the self-righteous seem dangerous, as their
insistence on other’s benefiting from what they regard as right might
appear utterly wrong, especially if motives of self-righteousness appear
on the battlefield after weapons of mass destruction have gone. From
a liberal point of view, universal human rights do not have to be
reconciled with the rights of the community, as fully applied human
rights based upon western rationalism nurture humans towards
individuated individuals. But what would happen to a bee colony if a
drone would be free to be a worker or something completely different
instead? Clearly, the community would collapse under fully a fully
applied and appreciated Bee Bill of Rights, unless of course the
individuated individual bee would come to the rational conclusion that
collectivism is the politico-social design of choice. Nevertheless, the
community as a whole would be better of if every bee just stayed a drone
or a worker and fulfilled its task. It seems questionable whether humans
will be able to survive for as long as bees. The
extreme example of the bee ought to clarify that communal rights or
interests are not necessarily compatible with individual rights. Of
course, human beings are hardly comparable with bees and human societies
inherently more complex, but it can be argued that fully applied human
rights are indeed relatively incompatible within selected communities. A
society made up of cloned Friedrich Hayeks would not see a problem of
cultural relativism concerning human rights. Many cultures without human
rights as chartered by the United Nations claim the risk of western,
cultural imperialism as a result of the rights full application. If a
community’s culture does not include a free right to marry or
representative governments everybody, male or female, can participate
in, are human rights violated or is this accusation voiced by the
self-righteous outsider lacking a tolerance towards cultural relativism?
Can the universal human rights and community rights as interpreted by
such a culture be reconciled? Is it legitimate to override cultures
based on Confucianism if the liberal outcome might be far less
beneficial for the community than for the individual? How can human
rights, often understood as minimal rights allowing for cultural
diversity, coexist if the one hammers out a right for fully individuated
individuals and the other requires the individual to self-concept him-
or herself as essentially socio-centric? The accusation of cultural
imperialism seems hard to dismiss and most Westerners will find it hard
to suppress self-righteousness in such instances. It
seems striking that agreements for human rights exist while an UN
declaration on the rights of communities does not seem to do so. Of
course, the individuated individuals form communities themselves and
Western society has evolved in such manners, but it seems wrong to force
others to do so. A liberal would argue that enselved individuals would
always be able to become what they want to, Confucians for example, but
chances are that not all would and the Confucian society would cease to
exist. This, of course opens up new business opportunities, such as
commercial nursing homes, in Confucian societies struggling with western
individualism, but a reconciliation between human rights and traditional
rights of such a community appears difficult. In
conclusion, a reconciliation of human rights and rights of reasonable
communities (it should be allowed to feel self-righteous towards a
theoretical community proclaiming torture as an end in itself) would
require a redefinition of human rights. Without a doubt, most
communities and cultures have their own concepts of human rights, not
always compatible with the United Nation’s doctrine of such, and even
though a rationalizing Westerner would always be tempted to declare all
contents of the doctrine superior to differing culturally accepted
variations, this might be wrong. Also, the liberal claim that upon the
process of becoming an individuated individual in the name of
westernized basic human rights everybody would be able to choose freely
how to live might be wrong, as the capacity for the nonreflexive
feelings communal living depends upon might be lost in the process.
Therefore, if we grant communities the right to function as they
traditionally did, a reconciliation of human rights and communal rights
requires recognition of cultural relativism. From a liberal point of
view, such a pick and choose-approach towards human rights constitutes
an abuse of these, but without a selective approach, communities get
abused. A clarification about a preferred abuse seems impossible, as the
self-righteousness of a community collides with the self-righteousness
of those proclaiming “superior” rights.
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