Resting on the distinction between the real and
the apparent good, a basic tenet of the commonsense
view is that what is really good for any single
individual is good in exactly the same sense for
every other human being, precisely because that
which is really good is that which satisfies
desires or needs inherent in human nature -- the
makeup that is common to all men because they are
members of the same biological species. The
totum bonum -- happiness or the good life --
is the same for all men, and each man is under the
same basic moral obligation as every other -- to
make a good life for himself.
Two things follow from this controlling
insight.
Every real good is a common good, not an
individual good, not one that corresponds to the
idiosyncratic desires or inclinations of this or
that individual. The same, of course, holds true of
the totum bonum as the sum total of all real
goods. The pursuit of happiness by individuals of
every shade of individual difference and under
every variety of outward circumstance is the
pursuit of the same objective.
In addition, when I know the things that are
really good for me and what my happiness consists
in, and when I understand that each real good and
the totum bonum as the sum of all of them
are common goods, the same for all men, I can then
discern the natural rights each individual has --
rights that others have which impose moral
obligations upon me, and rights that I have which
impose moral obligations upon others.
By an individual's rights, we understand the
things he has a right to demand of other men or of
organized society as a whole. His rights are legal
rights when they are granted to him by organized
society through the institutions of positive law,
including the constitution of the state in which he
lives. Conferred upon him by society, they can also
be revoked, but while they are in force, each man's
legal rights impose legal obligations upon his
fellowmen. Where there is no legal right, there is
no legal obligation, and conversely, where there is
no legal obligation, there is no legal right. The
same co-implicative connection exists between moral
rights and moral obligations. I can have moral
obligations toward another man, and he can have
moral obligations toward me, only if each of us has
moral rights one against the other.
But what is a moral right as contradistinguished
from a legal right? It is obvious at once that it
must be a right that exists without being created
by positive law or social custom. What is not the
product of legal or social conventions must be a
creation of nature, or to state the matter more
precisely, it must have its being in the nature of
men. Moral rights are natural rights, rights
inherent in man's common or specific nature, just
as his natural desires or needs are. Such rights,
being antecedent to society and government, may be
recognized and enforced by society or they may be
transgressed and violated, but they are inalienable
in the sense that, not being the gift of legal
enactment, they cannot be taken away or annulled by
acts of government.
The critical point to observe is that natural
rights are correlative with natural needs. I said a
moment ago that where one individual has an
obligation -- legal or moral -- to another, it must
be in virtue of some right -- legal or moral --
possessed by that other. There is a deeper and more
significant connection between rights and
obligations, but one that obtains only in the case
of moral rights and moral obligations. I do not
have any moral rights vis-a-vis others unless I
also have, for each moral right that I claim, a
moral obligation to discharge in the sphere of my
own private life. Every moral right of mine that
imposes a moral duty upon others is inseparable
from a moral duty imposed upon me.
For example, if I have a moral -- or natural --
right to a decent livelihood, that can be the case
only because wealth, to a degree that includes
amenities as well as bare necessities, is a real
good, part of the totum bonum, and thus
indispensable to a good life. The fact that it is a
real good, together with the fact that I am morally
obliged to seek it as part of my moral obligation
to make a good life for myself, is inseparable from
the fact that I have a natural right to a decent
livelihood.
If I did not need a modicum of wealth to live
well or achieve happiness, it would not be a real
good, I would not have a moral obligation to seek
it, and ipso facto I would also have no natural
right to a decent livelihood. That which I do not
need for my own good life or that which is not an
essential ingredient in my pursuit of happiness
does not impose a duty on me, as far as my own
private conduct is concerned, nor does it impose a
duty on others with regard to their conduct toward
me because such matters give me no natural or moral
rights that others must respect.
Let me summarize this by calling attention to
the set of basic notions that are inseparably
connected with one another: (a) natural needs, (b)
real goods, (c) the duties or moral obligations I
have in the conduct of my own life, (d) moral or
natural rights, and (e) the duties or moral
obligations I have in my conduct toward others.
Natural needs make certain things really good
for me; the things that are really good for me
impose moral obligations on me in the conduct of my
private life; these, in turn, give me certain moral
or natural rights, and my having such rights
imposes moral obligations on others with respect to
me. The order of enumeration can be reversed, but
it cannot be scrambled, and no link in the chain
can be omitted. And just as natural needs and the
real goods correlative to them are the same for all
men because they have the same specific nature, so
too, and for the same reason, the remaining items
on the list are the same for all men. We all have
the same moral obligations in the conduct of our
private lives; we all have the same natural rights;
and we all have the same duties toward others.
As our primary moral obligation is to make a
really good life for ourselves, so our primary
natural right is our right to the pursuit of
happiness. To respect this right that I have,
others are under the obligation not to do anything
that prevents me or seriously impedes me from
discharging my basic obligation to myself. If I did
not know in some detail the things I ought to do in
order to discharge the obligation I am under to
make a good life for myself, I could not know what
behavior on the part of others interfered with my
pursuit of happiness and so was wrong -- a
violation of my natural rights. In other words, all
my subsidiary natural rights -- rights to life,
security of life and limb, a decent livelihood,
freedom from coercion, political liberty,
educational opportunities, medical care, sufficient
free time for the pursuits of leisure, and so on --
stem from my right to the pursuit of happiness and
from my obligation to make a good life for myself.
They are rights to the things I need to achieve
that end and to discharge that obligation.
I will subsequently discuss these subsidiary
natural rights at greater length. The only point I
wish to reiterate here, because it is of such prime
importance, is that the individual would not have a
natural right to the pursuit of happiness if he did
not have a moral obligation to make a good life for
himself; and if he did not have that one basic
natural right, he would not have any subsidiary
natural rights, because all other natural rights
relate to the elements of individual happiness or
to the parts of a good life -- the diverse real
goods that, taken together, constitute the whole
that is the sum of all these parts.
The foregoing discussion of natural rights and
moral duties not only throws light on the primacy
of the good over the right, but also enables us to
connect the good and the right with the notion of
justice and injustice. Let me briefly expand both
of these points.
If we did not know or could not know what is
really good or bad for the individual, we would not
and could not know what is right and wrong in the
conduct of one individual toward others; nor could
we know what is right and wrong in the individual's
conduct of his own life. If, without reference to
others, we speak of an individual as acting rightly
or wrongly, we are saying no more than that he is
or is not discharging his moral obligation to make
a really good life for himself. So when, with
reference to others, we say that an individual acts
rightly or wrongly, we are similarly saying that he
is or is not discharging his moral obligations
toward them, based on their natural rights --
rights that are grounded in each man's moral
obligation to make a good life for himself.
Ordinarily we use the terms just and unjust when
we are considering the right and wrong acts of one
individual in relation to others, but seldom or
never do we use them when concerned with the
individual's moral obligation to himself. What I
have described as a matter of ordinary usage can,
for good reasons, be made a matter of stipulation.
There is some point in preserving the distinction
between an individual's moral obligations to
himself and his moral obligations to others. He
does not claim any rights against himself, as he
claims rights against others. His moral obligations
toward others are grounded in their rights, and
determine the rightness or wrongness of his conduct
toward them. To preserve this distinction, the
words "just" and "unjust" should be applied only to
an individual's conduct toward others -- to say, in
other words, that the individual is just only when
he acts rightly toward others, and unjust only when
he acts wrongly toward them.
Two further points emerge with regard to
justice. One concerns the ancient observation that
justice consists in virtuous action toward others.
We have seen that fortitude and temperance, which
are aspects of moral virtue or strength of
character, and prudence or soundness of judgment,
operate instrumentally as necessary means toward
the end of making a good life for one's self. A
good moral character and sound judgment would also
seem to be involved in making the effort that we
are under a moral obligation to make in our conduct
toward others -- to act rightly toward them and to
avoid wronging them, which is another way of saying
that we ought not to injure them by preventing them
from making good lives for themselves. Thus we can
see what is meant by saying that justice in general
consists in having the moral character that the
individual needs in the effort to make a good life,
for when his moral character or virtue is directed
toward the good life that others are under an
obligation to make for themselves, it has the
aspect we refer to as justice rather than as
temperance or fortitude.
The second point concerns the obligations of
organized society as a whole toward its individual
members, and leads us to the consideration of
justice and injustice in our social institutions,
our economic arrangements, our laws, our
constitution, and our government. Our basic natural
right to the pursuit of happiness, and all the
subsidiary rights that it encompasses, impose moral
obligations on organized society and its
institutions as well as upon other individuals. If
another individual is unjust when he does not
respect our rights, and so injures us by
interfering with or impeding our pursuit of
happiness, the institutions of organized society,
its laws, and its government, are similarly unjust
when they deprive individuals of their natural
rights.
Just governments, it has been correctly
declared, are instituted to secure these rights. I
interpret that statement as going further than the
negative injunction not to violate the natural
rights of the individual, or deprive him of the
things he needs to make a good life for himself. It
imposes upon organized society and its government
the positive obligation to secure the natural
rights of its individuals by doing everything it
can to aid and abet them in their efforts to make
good lives for themselves -- especially helping
them to get things they need that are not within
their power to get for themselves.
A retitled excerpt from Dr. Adler's book The
Time of Our Lives: The Ethics of Common Sense
(Chapter 14).