Wednesday, May 18, 2022

Abortion and negative rights

A negative right is the right to keep something you already have, the right to not have something taken from you. In contrast, a positive right is the right to have something provided to you. The classic statement is Locke's: you have the right to life, liberty, and property. These are negative rights: you have the right to keep whatever property you have: other people, including the government, do not have the right to take your property from you. A positive right to property would be the right to have property given to you.

Part of the reason abortion is such an insoluble problem is that they involve two conflicting negative rights. If the fetus is a human being, then it has the negative right to life. But the woman has the negative right to liberty, expressed here in terms of bodily autonomy. So the question is which of these two negative rights take priority, and the answer is neither. You don't get to take away someone's negative rights. Of course, it is not clear to a lot of people that the fetus is a human being with human value and thus human rights, including the right to life (see here), but just ignore that for the sake of the present issue.

So if we grant the claims of both sides, the fetus has the negative right to life and the woman has the negative right to liberty, and neither gets to overrule the other. And the resolution to this is . . . meh.

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