That’s the topic of this month’s Cato Unbound. If you answer “nothing” to either half of the question, feel free to move right along. For the rest of you, Doug Rasmussen’s lead essay contains some really interesting questions (in addition to some really interesting analysis). Here’s his first question. What do you say?
What is Rand’s justification for individual rights? Does it succeed? What is the function of the concept of rights? Is it rooted in human flourishing? If so, how? Is it a human virtue? Is it a deontological (duty) concept, or is it a different type of ethical norm? Does Rand have a single justification for rights? If Rand does not have an adequate argument, does she suggest paths that might be developed? Or, is there no hope in this regard, and if so, is there any way to justify individual rights?
Here’s Rand on rights.
In my opinion, Rand’s case for her version of individual rights fails. Rand’s ethics says that individuals ought to act in their rational self-interest. Rights, if they are anything, are constraints on the pursuit of self-interest. On the face of it, Rand needs to solve the compliance problem — why should a rational egoist comply with constraints on self-interested action? — and the way to solve the compliance problem is to show that mutual restraint is generally to mutual advantage. But I don’t think Rand ever shows this. Instead she goes off the rails trying to argue that rational thought, and therefore a distinctively human life, is impossible in the absences of a strong version of the non-coercion principle, and that predation or parasitism are never in an individual’s self-interest. None of that is convincing. (A strong version of the non-coercion principle is not in effect, but we’re doing fine thinking rationally and living human lives. Lots of people live long and satisfying lives of institutionalized parasitism and predation, especially in and around Washington, DC.) That said, I think Rand’s emphasis on the role of individual rights in generating creativity and entrepreneurial effort remains enlightening.
A sound argument for the institution of property looks like this [doc].