The above philosophical views could give us an insight into what our rights and duties are in this hour of crisis. My own take is that we owe a duty to our community, strangers though they might be, to see the world as they see it, understand their vulnerabilities and concerns and do something about it.
by Dr. Ruwantissa Abeyratne
writing from Montreal
In a previous article I addressed issues of accountability for the spread of the Coronavirus. In this article I wish to address the human rights and duties that we have as social beings and our part in the social contract theory. The operative question is, when our leaders prescribe certain laws and guidelines for our social intercourse with others with a view to arresting the spread of Covid-19, how much are we obligated to adhere to them as individuals?
We must start with the initial premise that in our social setting, we are a community of strangers and we owe certain duties to those whom we know as well as those we do not know so as not to adversely affect their welfare.
The fact that all of us are bound together in the global order is in the Preamble of the United Nations Charter which starts with the plural first person: “We The Peoples of The United Nations Determined…to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small, and to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained, and to promote social progress and better standards of life in larger freedom”.
Article 22 of the Universal Declaration of Human Rights is particularly relevant in this context: “Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality”.
On a national basis a good example is the United States Constitution which starts with “We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America”.
These statements resonate the fundamental truth that we are one both globally and nationally. As opposed to this we could be libertarians, which means that we could behave according to our free will and our individual judgment. On the other hand, we could conduct ourselves in the realization that we owe duties to one another in our communities. In 1762, around the time the United States Constitution was adopted, Jean-Jacques Rousseau introduced the social contract theory where Rousseau argues that laws are obligatory and binding only when they are accepted and supported by the general will of the people. This theory, which focuses on the individual’s rights as against those of the sovereign, has been endorsed by philosophers such as John Locke (1632-1704). Thomas Hobbes (1588 -1679),in defining “contract” in his book Leviathan (1651) says that it is "the mutual transferring of right" and that, in the state of nature, everyone has the right to everything - there are no limits to the right of natural liberty. This view seems to favour the sovereign over the individual’s choice.
The Scottish philosopher David Hume (1711-1766) on the other hand propounded the theory that the social contract carries with it a moral obligation to obey government to keep promises based on a fundamental obligation to further the common good, promise-keeping being greatly in the public interest. This has been explained as: “The duty of allegiance to one’s government derives from utility, not agreement, consent, or promise. The reason why one has a duty to obey the government (when one does) is that such obedience maximizes society’s total utility”.
Georg Wilhelm Friedrich Hegel (1770-1831) had his own theory on human rights and duties. The Internet Encyclopedia of Philosophy presents Hegel’s philosophy of right as :”Abstract Right, Morality, and Ethical Life. Each of these divisions is further subdivided triadically: under Abstract Right there is Property, Contract, and Wrong; under Morality falls Purpose and Responsibility, Intention and Welfare, and Good and Conscience; finally, under Ethical Life comes the Family, Civil Society, and the State. These last subdivisions are further subdivided into triads, with fourth level subdivisions occurring under Civil Society and the State.”
Turning to our own faith, The Holy Prophet Mohamed is quoted as having said: “The faithful, in their love for one another and in their having mercy for one another and in their kindness toward one another, are like one body; when a member of it ails, all (the parts of) the body call one another (to share the pain) through sleeplessness and fever.” Abd al-Rahman Azzam his article “Social Responsibility in Islam” says: “The difference between Islam and most other religions is that it did not content itself with merely establishing acts of worship and abandon the needs of society to a Caesar or any form of temporal governing body. Rather, Islam established ways of conduct, relationships, and rights and obligations for the individual vis-à-vis members of his family and the nation and for the nation vis-à-vis other nations”.
In Luke 10:29-37 a lawyer asks Jesus “and who is my neighbour” in response to Jesus’ teaching: “love thy neighbour as thyself”. Jesus then teaches the Parable of the Good Samaritan with the ultimate truth that one who has mercy on another is one’s neighbour.
Hinduism posits that each person has a moral compass to guide one's life by cultivating family and social values to fulfil the social responsibilities towards the weak and the needy.
The above philosophical views could give us an insight into what our rights and duties are in this hour of crisis. My own take is that we owe a duty to our community, strangers though they might be, to see the world as they see it, understand their vulnerabilities and concerns and do something about it.
One final word about the angels of our better nature – the doctors, nurses, other health workers and support staff - who are out there, trying to save our lives. Jack Kornfield in his essay The Buddhist Path and Social Responsibility quotes the enlightened one - The Buddha - as having said: “The real strength--is in people who are not afraid to die. These are people who have touched the very source of their being, who have looked into themselves in such a deep way that they understand and acknowledge and accept death, and in a way, have already died. They have seen beyond the separateness of the ego's shell, and they bring to life the fearlessness and the caring born of love and truth. This is a force that can meet the force of someone who is not afraid to kill”.
That is why the whole world is applauding and serenading them from their balconies all over the world, and the church bells are ringing.
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