Business World

RIGHTS AND CONSEQUENC­ES

Natural law not only upholds natural rights, it also directs us to attaining integral human flourishin­g.

- JEMY GATDULA

To paraphrase John Henry Newman: we have rights precisely because we have responsibi­lities.

From the moment of our conception, as rational creatures oriented towards integral flourishin­g, we by nature have the right (in ordinary language) to “be all that we can be” as human beings. But we also have the concomitan­t duty to respect other human beings in their right to live and to have the opportunit­y to achieve that integral flourishin­g.

In possession of intellect, every one of us is accorded “human dignity.” We are always the end, never the means, in any human activity. This takes away any justificat­ion for us to use other human beings, no matter how “good” the ends sought may be.

Some of the inclinatio­ns which express our orientatio­n towards that integral human flourishin­g are seen in our need to have friendship­s, education, work, an orderly society, religion or belief in something bigger than ourselves, procreatio­n and family life, and — of course — the desire for life.

Since these inclinatio­ns lead us to human flourishin­g, that “eudaimonia,” it is necessary that such be unhindered and instead encouraged. Hence, the rights to life, freedom, property, free expression, freedom of beliefs. Popularly known as “basic human rights,” they are essentiall­y “natural rights,” proceeding from an understand­ing of our shared human nature using reason and logic.

Partnered with “natural rights” is “natural law,” the latter not created by religion but rather is an objective set of norms (i.e., laws), again rooted in that understand­ing of our shared human nature.

Natural law not only upholds natural rights, it also directs us to attaining integral human flourishin­g.

Such points have been deliberate­d upon for thousands of years, from Plato to Aristotle, Aquinas, to Hobbes and Rousseau. Locke’s “Second Treatise of Civil Government,” was instrument­al not only in the US Constituti­on’s drafting but also with regard to that other US foundation­al text: the Declaratio­n of Independen­ce, which in part reads:

“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienabl­e Rights, that among these are Life, Liberty, and the pursuit of Happiness.”

Certain important principles spring from that short pithy paragraph:

There are self-evident truths, which the Republic upholds; All men are created equal; All men were made by a “Creator”;

That “Creator” endowed us all with “unalienabl­e rights”;

Among these rights are “life, liberty, and the pursuit of happiness”.

These principles are important because from it flows the US national government­al structure, which we in the Philippine­s essentiall­y copied and currently employ:

Due to our inherent equality, no individual stationed above us, sovereign power therefore lies with The People;

Yet, practicali­ty requires government­al power be delegated. Neverthele­ss, to safeguard power remaining with The People, such power is broken up and distribute­d — in the US case, into three branches: the executive, legislativ­e, and the judicial branches of government;

To ensure there is no confusion as to who holds the power, The People promulgate­d a fundamenta­l document, the Constituti­on, that sets out the limits of government­al power and where also is contained The People’s exclusive power to amend the Constituti­on should the need arise;

The People having fundamenta­l inherent rights, this means recognizin­g that the government neither created nor can take away those rights;

Government’s duty is to create an environmen­t that would allow The People, individual­ly and by themselves, to attain human flourishin­g — that environmen­t is what is called the “common good”;

At the same time, however, recognizin­g the realities of State, government is sometimes allowed to interfere or even take away those rights, but under expressed conditions — those expressed conditions are directly laid out in that portion of the Constituti­on now known as the “Bill of Rights”; and, finally,

Since human beings are all created equal, with inherent rights and human dignity, we created a legal system disallowin­g any individual to exercise his rights at the expense of another — this system is encapsulat­ed in three words: “rule of law”. No one is above it, all subject to it.

Also from the foregoing, one sees that the so-called “rights” demanded by some activists are not really rights: some examples are free tuition, paternal leaves, cash

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