The presumption of rights is a central principle within libertarian ethics. Here is a short summary of its meaning and implications.
The Question
Some starting presumption of a strangers' rights status is required in order to act in any way towards them. In the absence of other information, one must either start from the presumption that a stranger is a legitimate self owner (i.e. a rights-bearing person) or with the presumption that they are not a legitimate self owner. Your view of a stranger's rights status can change in light of evidence, but before you know anything else about them you must start with some presumption. Which is the ethically correct starting point? This is the question that the presumption of rights addresses.
The Purpose Of Norms
To answer this question, one needs a valid ethical rule or norm. Any ethical norm must conform to the rules of norm formation and justification. The purpose of ethical norms is to prevent conflict over scarce resources. Ethical norms are rules for handling scarcity without resorting to aggression. Norms must strictly adhere to the laws of logic and reasoned argument in order to provide an objective method for determining who legitimately controls each scarce resource, and thereby prevent conflict. Therefore, any norm that would not prevent conflict over scarce resources is an invalid norm.
A norm of starting with the presumption that a stranger is not a self owner would immediately lead to conflict. Under this norm, an individual X could legitimately assume the right to attack another individual Y on sight, unless given evidence as to why he should not. Conversely, Y could assume the right to attack X too. This would be a conflict-promoting norm.
The Presumption of Rights
Therefore, the only ethically valid starting presumption regarding a stranger's rights status is that the stranger is a legitimate self owner. Absent any evidence to the contrary, the starting presumption must be to respect the other individual's rights. This is called the presumption of rights.
The presumption of rights provides the philosophical justification for the related legal principle of presumption of innocence. It is also similar to the related principle of the presumption of an existing property owner's legitimacy (an existing property owner's title must be presumed legitimate in the absence of evidence to the contrary, otherwise conflict would be promoted).
The presumption of rights reflects the principle that property rights are rightfully assigned to the individual with the best objective link. Since each individual has the best objective link for ownership of his or her own body, all humans are rightfully self owners or persons.
Rights can be forfeited through acts of aggression. An individual can lose the right to control his body as a consequence of his actions (criminal or tort). He ceases to be a rights-bearing person when this happens. However, absent any evidence of aggression, the presumption must be to respect his self ownership.
Implications
This principle has a number of important logical implications:
- The burden of proof is always on those who wish to deny an individual's rights. (Just as the burden is always on those who deny the legitimacy of an existing owner's property rights).
- If there is any doubt as to an individual's rights, he or she must be presumed to be a legitimate self owner.
- A norm of only respecting an individual's rights once he or she has demonstrated a specific capacity (such as rationality) would conflict with the established valid norm of the presumption of rights.
- Denying rights to the innocent is always unjust.
I will discuss these implications in more detail a future post.