Chris Blattman recently asked if Human Rights might be a morally dubious concept, following Adam Martin’s unearthing of an old interview with the libertarian economist F.A. Hayek. Hayek, who was making the argument that apartheid South Africa should have been left alone to run its own business as a ‘civilisation of a kind’, made the claim that intervention was being encouraged by the recent acceptance of human rights in America, just a few years prior to the video being recorded.
Leaving aside the irony of a libertarian regarding a situation in which 90% of humans had severely restricted liberty as unworthy of intervention, I really have to take issue with another point he makes: that human rights were a recent concept to the US when he was interviewed in the 1970s. Martin quotes:
I’m not sure whether it’s an invention of the present administration or whether it’s of an older date, but I suppose if you told an eighteen year old that human rights is a new discovery he wouldn’t believe it. He would have thought the United States for 200 years has been committed to human rights, which of course would be absurd.
- An absurd statement itself, considering the contents of the Declaration of Independence. In the comments, Adam defends this statement, arguing that Hayek was referring to a new, modern conception of human rights:
… human rights are claims about how governments should act to produce particular patterns of outcomes
Adam contrasts this with the idea that classical human rights were statements about how individuals should treat each other. I’m dubious; a glance at the history of the ideas underlying statehood and rights suggests that the concept of rights was far more amorphous than this dichotomy would indicate, and spoke directly to the actions of the state as well as individuals. In fact the revolutions of America and France were specifically about the responsibilities of the state.
Human rights emerged as the basis of modern states (including the independent America) more than two centuries ago and their expansion from their original base began almost immediately – first incorporating new people and then new rights. The American and French Revolutions pioneered the ideas of ‘human rights’ as actionable concepts. The Declaration of Independence famously holds certain truths to be self-evident, notably that ‘all men are created equal’. France’s revolution was founded on the principles of liberté, egalité, fraternité – still the central elements of the French identity.
Nor were these the first time that universal rights had been invoked. The intellectual foundations for universal rights were laid by the very first Greek and Roman philosophers, and independently by Asian philosophers. These philosophers attempted to isolate the conditions for happiness, rightness and dignity that apply to all men: and thus laid the foundation for the idea of human rights as conditions that must be protected to allow the pursuit of these. As early as the third century BC, Mencius took these ideas further: he claimed that a ruler who tyrannises his subjects loses his divine right to rule and the people have the right to revolution – thus directly linking rights to the actions of states and leaders. The 1776 and 1789 revolutions made this explicit through the ideas they laid at the foundation of the new states they created.
What was amazing in the 1776 and 1789 revolutions was that they established as part of their basic justification the idea that Government had responsibilities and requirements that gave or denied it legitimacy, and that this was a truth that did not derive from exclusively from divine mandate (as with Kings who were either ‘chosen’ or descendent from Gods or the heavens) nor divine knowledge (i.e. from textual religion) – rather that these concepts were immutable, and derived from the condition of humanity. It was the failure to meet these responsibilities that motivated revolution.
The ideas of basic human rights established in these two revolutions have had an incredible enduring power. It is ahistorical to claim that the Sen-inspired approach to rights-based development is anything new. Rather, it’s a further modernization of a conceptual basis to the state that has existed for a great deal of time. The modification and expansion of rights is also not a new phenomenon. The original ideas were immediately passed into common currency and modified even in the few years following the revolutions. And these ideas have always been controversial and open to debate.










