GreatArc
Rising Star
(An Introductory Essay)
Hello all, and pleased to meet you.
For a long while, I have been engaged in thinking about the idea of rights and where do they come from? To my thinking, there are really only two ways to approach this question: either we are born with all the rights in the world, and the only ones we don't get to have are the ones we either decide to suspend collectively/consensually surrender to remain and function in a society, or we start with no rights whatsoever and the only rights we have are those which are 'given' to us.
It should be patently clear for anyone to see the problem with the latter; if we start with no rights, who has the right to give them to us in the first place? By what right do they claim this right to decide for everyone else which rights are afforded an individual, and who gave THEM the right to decide the right to decide the right of everyone else which rights.... and so on, to an infinite regression back to the point of absurdity. So we are left with the first option, that we start out with all the rights in the world except for those we decide are reasonable to surrender for society to function. All laws are proscriptive, ironically, in that they don't tell you what you have a right to do, they tell you what you DO NOT have the right to do. In short, you aren't given rights, you are given consequences.
We start with the basic uncontroversial stuff: I don't have the right to kill or harm you, the right for me to swing my arm ends at your nose, etc. We recognize that certain rights such as your right to experiment with radioactive waste in the next apartment over, cannot survive collision with my right not to have me and my family die of radiation sickness.
It gets more nuanced, such as a charter pilot does not have the right to decide he/she no longer consents to carry passengers on their plane at 20,000 feet and starts chucking them off his property. No, they have consented to surrender some of their rights when they entered into a contract to safely transport the people in their charge.
Then we get to the really nuanced stuff, such as governance. No one has the right to simply take your work, labour and resources without your permission, but this is done every single day through the instruments of law and taxation, and the social contract at large. After all, your consent and permission is not sought for every change in the law or tax dollar allocated, yet we are all expected (compelled, certainly) to follow the rule of law. Your participation in the enterprises of law and governance is simply non-negotiable, and the only tacit consent to abide by these strictures is that you remain within the territory in which these rules apply. Except for the most ardent anarchists or extreme libertarians, we generally recognize that we are not going to ever have a social system which makes allowances for personal consent to be governed by the whims and attitudes of the larger group.
For those of you not bored already, I have taken a bit of a longer, circuitous route to arrive at my point; that while we live externally as individuals in a greater society largely by a tyranny of the majority and negotiate our rights and freedoms with the other members of the group and societal well-being at large, there is another sense in which we live in a state of complete sovereignty--within our own bodies. For surely, minds are the products of brains, which are, in turn, a part of the body as a whole. Within these, the case cannot be made for us to be compelled to surrender ownership of ourselves (in body or mind) to another mammal, who is every bit your equal and in no way another mammal's master.
It follows that if our bodies and our minds belong to us, then from this autonomy surely we had ought to start with the right to do with, think, treat, and otherwise control our own bodies, except for where (if ever) those rights trespass overtly upon another person's rights. Furthermore, any reasonable person should be able to recognize that the burden of proof for making the argument about how a person uses their mind and body trespasses overtly upon the rights of others should rest with the person making the claim. Yet how backwards this is when it comes to particular aspects of life where the onus of responsibility becomes completely inverted in instances like medicine, sex, suicide, euthanasia, law enforcement and drug use in particular.
If I truly have bodily autonomy to do with as I wish with my own mind and body without encroaching upon the rights of others, what possible argument exists to justify another person interceding my right to explore it as I wish. If my mind and thoughts are a house and I wish to spend my evenings in the kitchen instead of the bedroom, and an outsider decides to claim I do not have the right to do that, to whom are we to listen? And if we disagree, what possible argument could they make that we have to satisfy their personal and arbitrary rules about our own minds and bodies before they grant us the right to use them as we please? To continue the analogy, what if there are parts of the house I can only reach to explore by using a 'ladder'? By what right to they prohibit my right to a ladder, or dictate the ways in which I may use my ladder if it has no discernible effect upon the rights of others? Drug prohibition is nothing more elegant than this; a complete end-around past the very question of 'what gives you the right to decide for everyone else?' directly to the fallacious bait and switch where they ask to be persuaded 'why should we ALLOW you to use your mind and body the way you see fit?' simply pre-supposing their personal moral metric has to be satisfied in the first place. The potential for harm (individual or societal) is often brought up, yet the fact that I can explore a far more extreme brain state (like death) by going down to the corner store and drinking a bottle of bleach has no apparent effect upon its legality, while a benign substance with little or no possibility to cause harm may justifiably be denied to me, because another person cannot see the value in consuming it. If I wish to explore areas of my own brain and psyche, only accessible to me through the help of a medication or substance, what gives anyone the right to violate the sovereign space of my private mind--the one thing which MUST be unowned and ungoverned by any society which dare call itself 'free'?
Whatever else this might be, this is not freedom.
To most of you who generously read this and got this far, I am likely preaching to the converted. But my point is that we should be mindful that if we truly want to change the relationship government and law enforcement have with bodily autonomy, particularly regarding the use of drugs, we have to be prepared to challenge people's notions about the nature of rights and prohibition itself, and reframe the debate, placing the onus back upon them to satisfy OUR questions. "By what right do you claim the power to decide for everyone else what they may do with their minds and bodies? And why should everyone else be forced to abide by the taboos and prohibitions of a total stranger when it in no way impedes the rights of others?". People have an instinctual disdain to admit to others or themselves when they are acting in a totalitarian or tyrannical way--almost no one wants to admit that they are a censor, a dictator, unfair, etc. They need to rationalize it in terms of rationalizations and appeals to slippery slope arguments ("I have no real problem with this particular freedom, but what if some vague fear I just pulled out of my ass is also permitted?"). This is why it is so important to drill down and engage and strip away at the distractions until you finally get them to consider and admit that they indeed are claiming the right to decide for everyone else, for which there is no rational or logical argument.
I have noticed that you have a Coalition for Entheogenic Liberties here at the Nexus. I must say, I am eager to listen to, argue with, convince, be convinced by, learn from and refine my own positions and arguments regarding prohibitions and freedoms with people who have put a lot of thought into these subjects and see what they have to say.
I thank any of you for reading this in its entirety, looking forward to exploring your experiences and making use of your wisdom and learning from your mistakes.
-G.A.
Hello all, and pleased to meet you.
For a long while, I have been engaged in thinking about the idea of rights and where do they come from? To my thinking, there are really only two ways to approach this question: either we are born with all the rights in the world, and the only ones we don't get to have are the ones we either decide to suspend collectively/consensually surrender to remain and function in a society, or we start with no rights whatsoever and the only rights we have are those which are 'given' to us.
It should be patently clear for anyone to see the problem with the latter; if we start with no rights, who has the right to give them to us in the first place? By what right do they claim this right to decide for everyone else which rights are afforded an individual, and who gave THEM the right to decide the right to decide the right of everyone else which rights.... and so on, to an infinite regression back to the point of absurdity. So we are left with the first option, that we start out with all the rights in the world except for those we decide are reasonable to surrender for society to function. All laws are proscriptive, ironically, in that they don't tell you what you have a right to do, they tell you what you DO NOT have the right to do. In short, you aren't given rights, you are given consequences.
We start with the basic uncontroversial stuff: I don't have the right to kill or harm you, the right for me to swing my arm ends at your nose, etc. We recognize that certain rights such as your right to experiment with radioactive waste in the next apartment over, cannot survive collision with my right not to have me and my family die of radiation sickness.
It gets more nuanced, such as a charter pilot does not have the right to decide he/she no longer consents to carry passengers on their plane at 20,000 feet and starts chucking them off his property. No, they have consented to surrender some of their rights when they entered into a contract to safely transport the people in their charge.
Then we get to the really nuanced stuff, such as governance. No one has the right to simply take your work, labour and resources without your permission, but this is done every single day through the instruments of law and taxation, and the social contract at large. After all, your consent and permission is not sought for every change in the law or tax dollar allocated, yet we are all expected (compelled, certainly) to follow the rule of law. Your participation in the enterprises of law and governance is simply non-negotiable, and the only tacit consent to abide by these strictures is that you remain within the territory in which these rules apply. Except for the most ardent anarchists or extreme libertarians, we generally recognize that we are not going to ever have a social system which makes allowances for personal consent to be governed by the whims and attitudes of the larger group.
For those of you not bored already, I have taken a bit of a longer, circuitous route to arrive at my point; that while we live externally as individuals in a greater society largely by a tyranny of the majority and negotiate our rights and freedoms with the other members of the group and societal well-being at large, there is another sense in which we live in a state of complete sovereignty--within our own bodies. For surely, minds are the products of brains, which are, in turn, a part of the body as a whole. Within these, the case cannot be made for us to be compelled to surrender ownership of ourselves (in body or mind) to another mammal, who is every bit your equal and in no way another mammal's master.
It follows that if our bodies and our minds belong to us, then from this autonomy surely we had ought to start with the right to do with, think, treat, and otherwise control our own bodies, except for where (if ever) those rights trespass overtly upon another person's rights. Furthermore, any reasonable person should be able to recognize that the burden of proof for making the argument about how a person uses their mind and body trespasses overtly upon the rights of others should rest with the person making the claim. Yet how backwards this is when it comes to particular aspects of life where the onus of responsibility becomes completely inverted in instances like medicine, sex, suicide, euthanasia, law enforcement and drug use in particular.
If I truly have bodily autonomy to do with as I wish with my own mind and body without encroaching upon the rights of others, what possible argument exists to justify another person interceding my right to explore it as I wish. If my mind and thoughts are a house and I wish to spend my evenings in the kitchen instead of the bedroom, and an outsider decides to claim I do not have the right to do that, to whom are we to listen? And if we disagree, what possible argument could they make that we have to satisfy their personal and arbitrary rules about our own minds and bodies before they grant us the right to use them as we please? To continue the analogy, what if there are parts of the house I can only reach to explore by using a 'ladder'? By what right to they prohibit my right to a ladder, or dictate the ways in which I may use my ladder if it has no discernible effect upon the rights of others? Drug prohibition is nothing more elegant than this; a complete end-around past the very question of 'what gives you the right to decide for everyone else?' directly to the fallacious bait and switch where they ask to be persuaded 'why should we ALLOW you to use your mind and body the way you see fit?' simply pre-supposing their personal moral metric has to be satisfied in the first place. The potential for harm (individual or societal) is often brought up, yet the fact that I can explore a far more extreme brain state (like death) by going down to the corner store and drinking a bottle of bleach has no apparent effect upon its legality, while a benign substance with little or no possibility to cause harm may justifiably be denied to me, because another person cannot see the value in consuming it. If I wish to explore areas of my own brain and psyche, only accessible to me through the help of a medication or substance, what gives anyone the right to violate the sovereign space of my private mind--the one thing which MUST be unowned and ungoverned by any society which dare call itself 'free'?
Whatever else this might be, this is not freedom.
To most of you who generously read this and got this far, I am likely preaching to the converted. But my point is that we should be mindful that if we truly want to change the relationship government and law enforcement have with bodily autonomy, particularly regarding the use of drugs, we have to be prepared to challenge people's notions about the nature of rights and prohibition itself, and reframe the debate, placing the onus back upon them to satisfy OUR questions. "By what right do you claim the power to decide for everyone else what they may do with their minds and bodies? And why should everyone else be forced to abide by the taboos and prohibitions of a total stranger when it in no way impedes the rights of others?". People have an instinctual disdain to admit to others or themselves when they are acting in a totalitarian or tyrannical way--almost no one wants to admit that they are a censor, a dictator, unfair, etc. They need to rationalize it in terms of rationalizations and appeals to slippery slope arguments ("I have no real problem with this particular freedom, but what if some vague fear I just pulled out of my ass is also permitted?"). This is why it is so important to drill down and engage and strip away at the distractions until you finally get them to consider and admit that they indeed are claiming the right to decide for everyone else, for which there is no rational or logical argument.
I have noticed that you have a Coalition for Entheogenic Liberties here at the Nexus. I must say, I am eager to listen to, argue with, convince, be convinced by, learn from and refine my own positions and arguments regarding prohibitions and freedoms with people who have put a lot of thought into these subjects and see what they have to say.
I thank any of you for reading this in its entirety, looking forward to exploring your experiences and making use of your wisdom and learning from your mistakes.
-G.A.