I don't disagree with you here - but then we must acknowledge then that the concept of rights are a human construct for the purposes of advancing civilization and human prosperity. I'd say that is the only extent to which rights, at all, are legitimate.
Absolutely agree with you. Natural rights exist in and of themselves, but only because of
context. Murder all humans and the concept of natural human rights vanishes into the mists of eternity. It is precisely because we live among our fellows that the rights exist. The rights are natural results of the inherently equal nature of our claims to life. Our rights speak to the propriety of human action and will
in the context of life among other human beings. Natural rights have no meaning on a desert island where but a single soul resides. This is a key concept that so few people grasp.
Similarly, natural rights do not hold where human-animal relations are in question. In that context there is brute force - who has more of it and who can wield it most effectively. But that is not quite the entire picture - there is still the question of the propriety of one's treatment of animals. Killing to survive is an inescapable truth of life. Beyond that, destruction of life beyond acts of self defense is most eminently questionable from the moral perspective. Choose as you will, but choose carefully for one cannot know with pure certainty that the infliction of unnecessary harm upon those of non-human persuasions is just fine.
Ultimately, and objectively in nature, rights don't even really exist otherwise - whether we're talking about humans or not.
I would modify this to say that they in fact do when the context comes into existence. Context creates and destroy as surely as anything else does. With the rise of the context of human fellowship, thus arises out of the dust the rights of men. SNuff out the context and those same rights vanish instantly as if they had never been.
Ultimately, the egoist anarchists have it right and are the true realists in political philosophy. I prefer to adopt the natural rights theory because it serves to foster the maximization of the prosperity for *all* individuals.
Could you elaborate on this a bit? I am not well read on this anarchist position.
Further, in regards to what constitutes the ability to have natural rights in this context... I'd say it's do to sapience - but that's hard to measure. Perhaps Adam Smith was right in referencing the ability to voluntarily trade one's property as the attainment of rights?
Self awareness of this sort is good for humans within the human-human context, but its limitations in the human-animal context seems to be a little problematic. Because we cannot know what an animal knows, feels, etc. in the strictest metaphysical sense, I believe it is best to assume the most about their abilities such that when we kill for the sake of eating, we do so with skill and merciful swiftness. For me it is a horror beyond all horror to cause suffering beyond the absolute minimum. When I see something dying in the road, I kill it as swiftly as I am able. I go into something dangerously like a trance state and I act. This past summer I shot a turtle on the shoulder. A truck stopped down the road, turned and followed me, but I lost them. For all I know it could have been an off duty cop who would have arrested me for discharging a firearm withing the city limits of Charleston. It never occurred to me what I was risking. I did what everything that I am commanded. There was no question of what had to happen. None whatsoever. Freaked me out afterward just a little, though.
The year before in the great snows of 2009, I found what had once been a magnificant buck on the roadside, dying of starvation. I tried feeding him, but he was too far gone. I brought hay, laid him down on it, sat by him with his head in my lap and stayed with him until the end. Perhaps I should have shot him - I don't know. I'm not a fan of killing anything and so perhaps I shirked my responsibility. But he'd done the bulk of his suffering and a couple more minutes in exchange for sparing him violence was perhaps a proper end for him. I cannot say for certain - I can only go by what seems right in a given situation.