Bill, I'll start at the bottom of your post above where you said: I meant that if a person cannot obtain his survival needs through a process of voluntary trade, he has no other alternative than to try to survive by means of force.
It is true that a person can choose to intiate force. And it is true that their purpose at such a time can be their survival. And there could be circumstances where there are no other alternatives. But my point remains, which is that to do so, is to step outside of the realm of rights. A person can cannot obtain their survival needs through voluntary trade or any option available other the initiation of force, can choose that option rather than lose their life. True. But they cannot also claim that they are morally justified, or acting out of a right to survive, or the right to follow their self-interest, or any right at all. It sucks to be them at that point and have to make that choice, and in terribly rare occasions a person might find themselves in a terrible situation. But that doesn't alter the nature of individual rights in such a way that they suddenly, and magically can have a right to intiate force against an innocent person. ------------------- But from your comments, I get the impression that you disagree with Rand's view that it would be okay to steal the medication from the pharmacy in order to save your own life, as long as you were willing to pay it back later. Do you disagree? -- because technically, you would be violating the rights of the pharmacy by breaking in and stealing the medication, even if you were willing to pay it back later.
I agree on a practical level with what she is trying to do. She is taking what technically, and actually, is breaking and entering and theft, and showing that the purpose and intent of the actions were to do business with the pharmacy which wants to do business with people that want to pay for the purchase of drugs. If the pharmacist grasps that fact when they are contacted later, and offered money to cover the cost and the trouble of the repair of the break-in, and a extra payment for a "purchase" made prior to the usual face to face interchange at the cash-register, then they have a voluntary trade, although made after the fact. I guess I'd say that Rand's sick person acted outside of the realm of rights during the break in, and then sought the pharamacist out later to restructure - to get an after-the-fact voluntary agreement. ---------------- The phrase you used in your question was "it would be okay to" violate a right. No, it can never "be okay" in the sense of 'was it moral?' But how does it stand in relation to the pharmacist later (we assume he is okay as long as doesn't see this happening every week), so it is "made" okay for the victim. Clearly it is "okay" for the person who got his meds and worked efficiently to make up for the wrong he did with the break-in. If I were that person, I'd have framed it in my mind as a voluntary trade that the pharmacist just hasn't learned about yet, but will like when I explain, and offer a promise to never do it again, and give him a big profit. It is "okay" for society in the sense that the laws and the culture and structures that relate to providing an environment of choice but not coercion have not been changed. We see something similar happen with business relations where the contract is fairly complex and an honest disagreement arises. Say you rent a car on Kuai, and in the contract it say that you can't take the care over such and such a road around the north end of the island, but you didn't read that. You try that road and you get stuck. The contract provides for towing, but the rental agent won't honor that part because you were on a road you had no right to be on. Say you tell the rental agent that you hadn't read that part of the contract, and if he'll overlook your improper use of the car, and take care of the towing, you'll use his agency for your next two trips. If he says, "Yes" you have converted what was a violation of his legal rights, into a lawful exercise of mutual rights, post-contract. You acquired a meeting of the minds even though it was after the fact. Risky, no guarantees, but it shows the spirit of recognizing choice, not coercion (or theft) as the proper standard. --------------------- Yes, you would be justified in resisting my attempt to coerce you [to donate a kidney to you], as would the surgeon [to do a surgery he doesn't want to do] or the bank [regarding robbery] in resisting my attempts to coerce either of them, but that's not the same as having a "right" to resist these attempts. Do you see the difference? An individual "right" to do X implies an obligation on the part of others to allow one to do X, and if I were justified in stealing your kidney, I would certainly have no obligation to "allow" you to resist my doing so. That truly would be a contradiction. In a genuine conflict of interest, rights take a back seat. Neither party has rights against the other, but either party is justified in resisting the other. Not that it would it actually be in my interest to try to steal your kidney, as I'd be unlikely to get away with it, and would also forfeit any chance to obtain a voluntary donation if such were to become available. [Empasis mine]
Bill, this is where we disagree. In our imaginary situation where I have you attempting to steal my kidney because you will die without it, you admit I would be justifice in resisting attempts to coerce the donation of the kidney. But then you posit a right for yourself, a right to take my kidney because your survival requires it. Then you go another step and say that because you have a right to the kidney, I have no right to resist your efforts to take it. You say, "An individual 'right' to do X implies an obligation on the part of others to allow one to do X, and if I were justified in stealing your kidney, I would certainly have no obligation to "allow" you to resist my doing so." Well, I agree that if there is an individual right to do X, it implies that no one has the right to forcefully interfer. But since I have a right to my kidney to start with, there is no way that you can aquire a right to (unless I grant you such a right volutarily, and for this example, we'll say thats not the case). So, you have no right to take my kidney, but then suddenly, you claim that your need generates a right. And now that you have this right, that I have no right to interfer with your exercise of it. Or, that you don't have to respect my attempts to keep my kidney. You say, "In a genuine conflict of interest, rights take a back seat." I say that relationship is backwards. It is in a true conflict of interest, that rights settle the issue in favor of an environment where people can exercise choice over an environment where coercion is allowed. (A conflict of interest can always be understood from different perspectives - each perspective having a greater or lesser context. E.g., one perspective is between two people that frequently do business together and a mediator might point out that the ongoing process of doing business is a more important context than the specific transaction where they find a conflict of interest. They are being told that they have no real conflict of interest since they are both served by preserving their longstanding business relationship. All humans have no rational conflicts of interests on a moral level if they recognize that choice over coercion is a system that favors all but crooks, thugs, and other assorted undesirables.) ------------------ Here is the bottom line as I see it. You hold up what you claim is a right. I ask where it comes from, and you say that a right to such and such action forms out of your need to take that act to survive in a context where you have no other option. And you point out a conflict of interests (like me wanting to keep my kidney, and you wanting to have it to solve a survival need) and say that a conflict of interest overrides individual rights. I say, "When I hold something up to measure if it is in fact a moral right, I don't use the need of a person, or their claim that it is in their self-interest, or that their survival requires it, or that there may or may not be a conflict of interest." What I look for are all action that don't involve initiation of force, threats to initiate force, fraud or theft. If I haven't given up the right to my kidney voluntarily, and because there can be no right to violate a right, then there can be no right to take my kidney using coercion. Therefore I have a full set of rights to resist any coercive attempt to take my kidney. The definition and understanding of moral rights arises from human nature, it is built around protecting the ability to choose, and to make immoral the use of coercion and theft. It then it has to be applied universally, and it is that that ensures there are no conflicts of interest at that moral level. If a person sees that they are about to die and the only way to avoid that is an act that violates someone else's right, they may choose to do that, but they can't claim to be within their rights - they have to step outside of the realm of rights to take such an action. ------------ ps., Bill, my apologies for having phrased some of theses examples as involving 'you' in hypotheticals that would never occur with a man of your character - I never intended to imply otherwise. (My kidneys and I feel not threat from you :-) I think in the future, I'll make a better effort to point my hypotheticals in an anonymous fashion to ensure no one gets the wrong idea.
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