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The causes of incalculable human suffering

By Mirko Bagaric - posted Monday, 23 April 2007


The last reason is the most fundamental. Contemporary moral discourse is framed in the language of rights. Westerners like rights. They are individualising claims and seem to give us a protective sphere. But rights are nonsense. They are an illustration of the fact that as a species we seem to be more greedy than smart or kind.

Despite the dazzling veneer of rights-based theories and their influence on present day moral and legal discourse, such theories are unable to provide persuasive answers to central issues such as: What is the justification for rights? How can we distinguish real from fanciful rights? Which right takes priority in the event of conflicting rights? Such intractable difficulties stem from the fact that contemporary rights theories lack a coherent foundation.

Rights appeal to those of us who have a “me, me, me” approach to life. Hence, we just make up rights as we go along and give priority to whatever right happens to coincide with our self-interest.

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The emptiness and absurdity of rights based theories is highlighted by the fact that against this backdrop we have convinced ourselves that our right to keep our excess food outweighs the right to life of people in the developing world. It is only once we erase this indecent belief that world poverty will be history.

This can only occur if we abandon the notion of rights as the mainstay of moral discourse and make consequences the main moral building blocks. What matters most is maximizing flourishing, not adding to the ever increasing catalogue of rights, which can only be enjoyed by many people at the conversation level.

It is only once we ditch the doorstep phenomenon and the immorality of rights and adopt the maxim of positive duty that we will move towards a fairer world. Perhaps we can't do this.

Our wiring might be too rigid, meaning that in the end we really only care about ourselves and those around us. If that's the case we need to accept that as a species we are far less compassionate and principled than most of us believe.

Time to choose: good guys who display universal compassion, or a self-interested species which dishes out the occasional dose of compassion when it suits or when the media gives us the signal.

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About the Author

Mirko Bagaric, BA LLB(Hons) LLM PhD (Monash), is a Croatian born Australian based author and lawyer who writes on law and moral and political philosophy. He is dean of law at Swinburne University and author of Australian Human Rights Law.

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