Page:Ethical Studies (reprint 1911).djvu/195

 NOTE TO ESSAY V. Rights and Duties.

To handle this subject properly, more space would be wanted than I have at command. But I will make some remarks shortly and in outline.

A great to-do has been made about the ambiguity of the word ‘right;’ as I think, needlessly. Right is the rule, and what is conformable to the rule, whether that rule be physical or mental; e.g. a right line, a ‘right English bull-dog’ (Swift), a right conclusion, a right action.

Right is, generally, the expression of the universal. It is the emphasis of the universal side in the relation of particular and universal. It implies particulars, and therefore possibility of discrepancy between them and the universal. Hence right means law; which law may be carried out or merely stated. ‘Is it right to do this?’ means ‘is the universal realized in this?’ ‘Have I a right?’ means ‘am I in this the expression of law?’

In the moral sphere, with which alone we are concerned, right means always the relation of the universal to the particular will. The emphasis is on the universal. Possibility of discrepancy with a conscious subject makes law here command.

Command is the simple proposal of an action (or abstinence) to me by another will, as the content of that will. Or, from the side of the commander, it is the willing by me of some state of another will, such willing being presented by me as a fact to that will. Threat is not of the essence of command: command need not imply the holding forth or the anticipation of consequences.

To have rights is not merely to be the object with respect to which commands (positive or prohibitory) are addressed to others. If that were so, inanimate matter would have rights; e.g. the very dirt in the road would ‘have a right’ to be taken up or let lie—and this is barbarous. To have rights is to be (or to be presumed to be) capable of realizing the universal command consciously as