Rights and duties
The five
benchmark references and limits embodied in the principles of equality,
reciprocity, proportionality, responsibility and freedom, along with
their related values such as truth, solidarity, etc., are both rights
and duties. These rights and duties are closely linked to the human
forces, much like the opportunities and constraints linked to the
natural forces. For instance the gravity is both an opportunity for the
skiers which have the right to go downhill and a constraint for them as
they have a moral duty to control their speed, for their own security
and that of Others. One could say that the opportunities and
constraints given by the natural forces are the right to BE and to
evolve and this right to BE implies a moral duty of reciprocity equal
to that of the Others.
There is symmetry between rights and duties. Both our rights and our
duties end where those of the Other begin. At first glance, these
rights and duties seem to be barriers between individuals, but
actually, they are bridges that link beings to each other. Symmetry
unites them. These ties are immensely powerful, their power being the
ability to form Mankind into a true community. It is through these
links or bridges that the social fabric is woven.
When symmetries are ever so lightly broken, rights and duties become
more human: concepts like tolerance, forgiveness and kindness are then
introduced. A light rupture of symmetry softens the rigidity of the
principles, ties become stronger, friendship, brotherhood, solidarity
develop.
Everyone may read this text under the light of his own choosing. A
legal expert might retain the importance of rights and duties, while a
physician might favour the relational aspect these benchmark
reference-bridges create between him and his patient. Life’s complexity
prevents us from fixating on any single aspect of reality. A holistic
view fosters the approach to truth.
While democracies only swear by human rights, philosophers stumble over
the Kantian rhetoric of Man’s duties. Duty, Kant tells us, is “The need
to act out of respect for the law.” If it were out of respect for
natural quantum laws, I would agree with him, but he refers to a
“metaphysical” moral law too pure to be true. As I see it, duties are
only the inverted image of rights, as seen in a mirror. They are
inseparable, and are the result of the principle of RECIPROCITY. The
right to fish in the river next to my home only makes sense if the
residents upstream of me are duty-bound not to pollute this river.
One’s right ends where the Other’s begins. I am not the only one who
wishes to go trout fishing: I accept that others also fish.
The Convention on the Rights of the Child makes the best of intentions
considering past abuses: it offers an impressive list of children’s
rights, but alas, mentions none of their duties! How could anyone yield
to the illusion that a child can have rights without offsetting duties,
not even that most elementary duty of respecting the rights of Others?
Children ignore or underestimate their duty to respect their teachers.
That is also because people confuse the right to be with equality in
status. Children have the right to be and to live, just as adults do,
but they are not their equal. They must start by learning the rules of
the great game of life, by being educated about their rights and
duties. They must become autonomous, as far as possible, before they
have equal rights to adults.