‘Where negative rights are “negative” in the sense that they claim for each individual a zone of non-interference from others, positive rights are “positive” in the sense that they claim for each individual the positive assistance of others in fulfilling basic constituents of well-being like health.’

‘Negative rights are considered more essential than positive ones in protecting an individual’s autonomy.’

So when one individual’s positive right to do something is at odds with another’s negative right to protect them from something, as much as it would be ideal for both parties to have exactly what they want without harming or inconveniencing/upsetting the other, since that’s often not possible, the negative right to ‘protect’ an individual from something seems to trump the positive right for an individual to ‘do’ something in hierarchy of moral importance and most ethicists seem to agree.

For example, I think people’s ‘positive right’ to choose animal-based product or service options when there are equally suitable plant-based options that achieve all the same purposes, isn’t as important as sentient animals’ negative right to not be unnecessarily exploited and killed, and to be protected from those undesirable experiences, states or conditions. Hence the position of veganism is very clear and obvious for me, and resolves an “easy” ethical issue with a clear solution (essential negative (protective) right prevails over others’ ultimately unnecessary positive (“doing”) right).

When it comes to abortion however, I do believe that it’s a tricky situation ethically. I’m pro-choice, but I say that with difficulty, because considering both sides it’s not an easy position and I see it as much more ethically complex than the issue of unnecessary animal exploitation. That’s because I think you can make the argument that either forcing a person to undergo pregnancy, or terminating the life of an (admittedly unconscious, undeveloped) fetus, are in both cases breaching a sentient (or would-be sentient) individual’s negative (protective) right. It would seem to be a clear ethical dilemma, where neither outcome is desirable, in almost comparably important ways. However, ultimately I had to decide that protecting a woman/person from an enforced pregnancy (and the physical and life-changing, even life destroying (or killing) effects, results and experiences that can have), a person being a fully formed, conscious and sentient individual, is more tangibly important than protecting an undeveloped, unconscious “mass of cells” from being prevented from developing into a human being.

My thoughts on the matter aside… It seems like in one way the right to abortion is a positive right by claiming assistance from others to “do” something being terminate a pregnancy, while in another way it’s a negative right by “protecting” the person via preventing undesirable states and experiences that would be imposed on them by others ‘interfering’ and forcing them to undergo pregnancy, by denying them an abortion.

I’m honestly just wondering what kind right this would be considered. Positive right or negative right? Or both? Thanks :)

  • @alvvayson
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    17 months ago

    Are you implying that Roe v Wade is religious? Cause you aren’t making much sense.

    • FuglyDuck
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      7 months ago

      Predicating laws on abstract generalizations of biology is bad law making- and bad medicine. That aspect of RvW makes no sense. Its an arbitrary line drawn by people whose sole qualification is… totally unrelated.

      The rest is just a rant about why abortion shouldn’t be regulated beyond any other routine healthcare procedure, in response to the rest.

      Everyone’s pregnancy is different and unique, as are their situations. It’s impossible to accommodate everyone’s needs (or beliefs.) so they shouldn’t even try.

      In the Us, the most ardent pushing pro-life do so because of their Christian beliefs. Many of the same are Young Earth Creationists (this is mostly a fundamentalist evangelical thing). These sorts are so confident in the absolute accuracy of the Bible, that when confronted with fossils of dinosaurs; assume they’ve been planted by whomever to deceive man.

      We should not have our healthcare tied to such. Neither should we have our constitutionally separated government beholden to their beliefs.