i think I understand you to be saying we have now outgrown all this language about rights and nature; that it's meaningless to talk about unrecognized rights. Since there is no monarchy in the US that threatens the liberty of citizens, maybe that's true. We have no background for the idea of natural rights, and so it becomes meaningless except as a fixture of history.
I wonder if we need a new words to deal with the challenges we face now. What do you think? — frank
The concept of "rights" as used now is, I think, relatively new, and probably arose during the Enlightenment as you note. Perhaps that's the case also with "natural rights" which I think is something different from "natural law." Stoicism influenced the development of the concept of natural law, but in the sense that the ancient Stoics thought that nature, i.e. the cosmos, in which a divine, rational spirit was immanent, reflected that spirit in a manner comprehensible to humans because of our capacity of reason, which we share with the divinity. To live according to nature was to live according to reason, as it is the peculiar and essential natural characteristic of humans. It's also one of our natural characteristics that we are by nature social animals.
The current concept of "rights" however focuses on individuals as opposed to community. According to that concept, each individual is entitled to X, Y and Z. Morality based on the current concept of rights is a morality of entitlement, and (taking a Stoic view) because we're fixated on things that aren't by their nature in our control--money, property, reputation, position--we find the idea we're entitled to such things if we can get them attractive, and this is especially the case when a system of morality justifies their pursuit and acquisition. So, e.g. the billionaire has a right to his/her money and assets, and that right
should not be restricted, legally or otherwise, because it is a
right. The billionaire doesn't have to share it with anyone else. There are some who argue the billionaire shouldn't do so.
Someone I think quoted Bastiat earlier in this thread, or somewhere else (I can't remember). He put it well: "When plunder becomes a way of life for a group of men living in a society, over the course of time they create for themselves a legal system that authorizes it and a moral code that glorifies it." I think that a moral system which emphasizes individual rights, thought it may be well-intentioned, can result in this kind of selfishness.
A legal system is another matter, though. We can't adopt a law compelling everyone to be virtuous, or Stoic Sages. When we try to legislate morality we come up with abominations like Prohibition. Legal rights are needed to restrain certain conduct of a particularly offensive kind.
There's a difference between morality and the law. Because we don't regulate ourselves (particularly where we think we're entitled to so much) the law must regulate us. Morality shouldn't be confused or conflated with the law, and concepts that are useful in the law, like rights, aren't necessarily conducive to moral conduct. If we could teach virtuous conduct to all, that would be ideal.