Jacques Maritain is someone who is often appealed to as someone who helped develop a, or the, concept of human rights.
According to him, what makes humans or human beings have rights, when they do? Why do they have rights?
There doesn't appear to be a very accessible answer to that question. While he's mentioned here, but not in the section that focuses on potential answers to the questions above.
Perhaps there's a good source on this, but I'm not finding it. So, I turn to AI, with the caveat that it might be mistaken in some or even a lot of this. But it's worth noting that nothing here supports thinking that his view supports thinking that, say, embryos or beginning fetuses have rights: that all requires further interpretation of words like "human," "human being," "person," and so on. For example, the claim that "fundamental rights are inherent to all human beings simply by virtue of their being human" needs interpretation: it is just because of biologically human DNA or biology that we have rights? That seems really doubtful: random biologically human cells don't have "human rights." And there are many other places below that suggest "human" means something more like "person" or thinking, feeling being or similar.
Anyway, here we go; if there are better sources, please let me know. (It occurred to me to check Wikipedia after I wrote this; I don't see much of value there either).
ChatGPT said:
Jacques Maritain, a prominent 20th-century philosopher known for his work in Christian philosophy and his contributions to the development of human rights, bases his concept of human rights on natural law and the inherent dignity of the human person. Here’s a breakdown of his views on the basis of human rights and why human beings have rights:
Basis of Human Rights According to Maritain
Natural Law:
- Maritain argues that human rights are grounded in natural law, which is a universal moral order that transcends cultural and historical differences. Natural law, according to Maritain, is inscribed in human nature and accessible through human reason. It dictates that certain fundamental rights are inherent to all human beings simply by virtue of their being human.
Human Dignity:
- For Maritain, the foundation of human rights lies in the intrinsic dignity of the human person. Human beings possess a unique worth and dignity that come from their rational nature and their ability to seek truth and goodness. This dignity is rooted in their spiritual dimension, which he believes reflects their likeness to God.
Personalism:
- Maritain is known for his "personalist" philosophy, which emphasizes the person as the fundamental unit of moral concern. He argues that because human beings are persons—not merely biological entities—they possess an inherent dignity and worth that demands respect. Human rights are a reflection of this personalist view and are meant to protect the person’s dignity and freedom.
Why Do Human Beings Have Rights?
Inherent Worth:
- Human beings have rights because they possess inherent worth and dignity that must be respected and protected. Maritain believes that this worth is intrinsic to every person, regardless of their social status, nationality, or achievements.
Participation in the Common Good:
- Maritain also sees rights as essential for the participation of individuals in the common good of society. He argues that rights are not just for individual benefit but are also oriented toward enabling each person to contribute to the flourishing of the community. Human rights ensure that individuals have the freedom and resources necessary to fulfill their roles within society and to live a truly human life.
Moral Order and Rational Nature:
- Maritain believes that rights stem from a universal moral order (natural law) that is known through human reason. As rational beings capable of understanding this moral order, humans are endowed with rights that correspond to their nature and their moral duties.
What Makes Humans Have Rights?
Essential Qualities of the Human Person:
- According to Maritain, what makes humans have rights is their nature as rational, free, and moral beings. Humans are capable of self-direction and moral responsibility, and their rights are grounded in these essential qualities. The possession of a rational soul and the capacity for moral reasoning are what confer rights upon human beings.
Relationship with God and the Spiritual Order:
- Maritain’s philosophical views are heavily influenced by his Christian beliefs. He argues that humans have rights because they are created in the image of God and have a spiritual dimension that transcends material existence. This divine origin confers upon humans an inviolable dignity that is the basis for all human rights.
Universality and Objectivity of Rights:
- Maritain posits that human rights are universal because they are grounded in the objective reality of human nature. They are not dependent on social, cultural, or legal conventions but are instead an expression of the universal moral law that applies to all humans, everywhere, at all times.
Conclusion
Jacques Maritain's concept of human rights is deeply rooted in a philosophical and theological understanding of human nature. He asserts that human rights arise from the natural law and the inherent dignity of the person, reflecting a moral order that is universal and objective. Human beings have rights because they are rational, free, and spiritual beings, possessing a unique dignity that demands respect and protection. Rights, in Maritain’s view, are both a recognition of this inherent dignity and a necessary condition for individuals to fulfill their potential and contribute to the common good.
