Why On Earth Would Someone Need Human Rights?

[You may have noticed a lack of blog posts recently. At least I hope you have. For personal reasons I’ve been having a hard time writing anything these last weeks, so here’s one from the archive (with a new title). It’s almost 5 years old but I still think it’s one of my best.]

Human rights have many functions, but their most important one is perhaps the institution and the protection of a public space and a public life for every individual. This is especially true of freedom rights or civil rights (which of course also institute and protect a private space, in particular by way of the right to privacy and the right to private property). These rights protect public life because public life guarantees a number of important human values such as the ability to form, experience and preserve an individual as well as a collective identity and the ability to think more or less correctly. I will use Kant’s philosophy to substantiate these claims.

Public life as such is not dependent on human rights. There is publicity in states which do not protect human rights. The advantage of human rights is that they are equal rights. They try to protect public life and the values attached to it for every individual in an equal way. We can of course have a perfectly happy life without having a public life, but then we relinquish the values that are protected by this public life. It is also true that we can have a public life without the protection of a state and its legal instruments (such as human rights, judges, police etc.). However, public life would then be fragile, uncertain and unequally distributed among individuals.

I am conscious of the fact that not everybody will be convinced by this justification of human rights. Those who desire nothing but a completely private life or a hedonistic life devoid of any public communication or political involvement will be disappointed. However, I am sure that, once I have explained the meaning of the words “public life”, most of the people in most cultures of the world will agree that they refer to something valuable. Which, of course, does not mean that they will agree that there is a link between these concepts on the one hand and human rights and democracy on the other hand.

Human rights protect our public life, but why do we need a public life? And what is this public life? How does it protect certain values, and how is it protected by freedom rights? Let me start with the first two questions. A public life is a life dedicated to publicity, to public deeds and words, not necessarily in an active way; for most of us maybe only in a passive way. Publicity is open interaction, taking place between as many people as possible and with as little limitations as possible. Hidden, private, secret, clandestine or prohibited interaction is not public interaction.

I will not use the word “public” in the legal sense. Public law regulates the relationships between the citizens and the state (for example criminal law, constitutional law etc.), while private law regulates the relationships between citizens (for example the law of commerce or the law of succession). This legal way of understanding the word “public” is too limited for my purpose. This legal definition also leads to confusion. Hannah Arendt (1992:95) states – and I agree – that the separation of church and state has not transformed religion into an entirely private or intimate affair. Only a tyrant can destroy the public role of religion and churches and can destroy the public space where religious people meet. However, because of her purely political interpretation of the word “public” – the public domain is the political domain, and nothing more – she is forced to use the awkward expression “secular public space” in order to describe the sphere of politics or the state, and the equally awkward expression “religious public space” for the space left vacant by politics in a system which is characterized by a separation between church and state. She seems to define the word “public” in a very limited way (public = politics), but also speaks of “all forms of public relationships, social as well as political” (Arendt 1990:170). Habermas struggles with the same contradictions: his “‘öffentlichkeit” is a space where private citizens can act in a critical way towards the public/political domain. Castoriadis similarly reduces the public to the political:

The emergence of a public space means that a political domain is created which ‘belongs to all’. The ‘public’ ceases to be a ‘private’ affair – of the king, the priests, the bureaucracy, the politicians, and the experts. Decisions on common affairs have to be made by the community. Cornelius Castoriadis

A public life, in the way I understand it, consists in the first instance of sets of relationships between citizens, although the relationships between the state and its citizens can also be part of a public life (especially in a democracy; democratic political life is a part of public life). The public space is larger than the space of politics and the state (although in a democracy the latter is part of the former).

Human life is of course impossible without relationships. We all live in society. No one is self-sufficient or “atomized”. Man is always a fellow man; existence is always coexistence. Other people are there before we are and we continuously profit from their achievements. We need interaction and communication with other people – first our parents but not just our parents – in order to be able to think. Moreover, thinking has to transcend the private sphere because it is dependent on other people besides our relatives, friends and private acquaintances. It needs public interaction, not just private. The ability to think is not created and developed in any arbitrary group, but only in a community – if possible the world community – in which publicity reigns and in which there are rules and laws that can enforce this publicity. Immanuel Kant correctly stated that the authority that takes away the freedom of expression also takes away the freedom to think, a freedom usually considered to be inalienable (Kant 1992:87). Thinking needs the public use of reason. Thoughts are not something you develop on your own or in some small and closed group. You first need to listen to as many thoughts as possible in order to develop your own thoughts. (Or, which can be the same thing, you need to read books. Books are thoughts made public, which is why they are called publications). Listening to as many thoughts as possible, expanding the sources of thoughts and information, can only be done by making them public. Thinking, the inner dialogue, is always the result of a public dialogue. How much would you think if you would never speak to anyone, or even if you would always speak to the same, small and private group of people? Thinking needs thoughts that come from outside of your own limited group. Hence thinking needs human rights.

However, not only the ability to think as such, but also the ability to think in a more or less correct way, with as few mistakes as possible, depends on publicity, which is another thing we learned from Kant. By making your thoughts public and thus submitting them to scrutiny and tests by other people – first and foremost submitting them to those who are not your private or personal friends, because they might be too kind for you or too like-minded – you are forced to say how you came to have these thoughts and to give an account of the reasons why you have these thoughts instead of others. This will force you to reflect on your reasons and arguments, and, if necessary, to look for better ones. Giving a public account of your reasoning, or knowing in advance that you will give this account, makes you very critical of yourself and helps you avoid mistakes. Nobody wants to make a fool of themselves. This means that you confront – or prepare to confront – other people and their (possible) objections, not only in order to disprove their objections, but also in order to disprove or possibly improve your own opinions.

Publicity improves the quality of thoughts both because of the a priori self-criticism that it promotes and because of a posteriori testing by other and not necessarily like-minded people (a phenomenon well known in the scientific community).

A particular issue is forced into the open that it may show itself from all sides, in every possible perspective, until it is flooded and made transparent by the full light of human comprehension. Immanuel Kant

If you want to improve the quality of your thoughts, then you need publicity on two levels: first you have to make your thoughts public, and then you have to listen to public objections and arguments. This means that you as well as your opponents must have the right to be heard and to defend arguments.

This is the link between publicity and human rights. Giving a public account of your reasoning and arguments, taking objections into account, putting yourself in the place of someone else, think like someone else, look at things from another side or perspective, act as if you hold a contrary point of view, all this is possible only when different perspectives and different points of view are freely expressed. Human rights and in particular freedom rights can help to achieve this (Kant’s imagination can also help but is probably not enough). Putting yourself in the place of someone else, looking at something from another point of view or another perspective helps you to better understand things, just as looking at an object from another point of view helps you to better perceive the object. Without human rights, many valuable points of view or perspectives will not be made public, and many valuable objections and counter-arguments will not be known to someone defending a certain thought or idea. This can diminish the quality of the thought or idea in question.

Thinking correctly means thinking in community with others. Of course, I use the word “correctly” not in an absolute or scientific sense. The debate is open-ended, new arguments or new objections can always emerge and can lead to an even better understanding. Correctness in this sense can only be an approximation.

If you consider thinking and thinking correctly to be valuable activities – and it is hard not to, because without thinking you cannot consider anything – then publicity or public life as well as the rights that are necessary for its protection must also be valuable.

The fact that thinking is not an isolated business contradicts a well-known intuition.

Thinking . . . is the silent dialogue of myself with myself . . . and . . . is a “solitary business” . . . Also, it is of course by no means true that you need or can even bear the company of others when you happen to be busy thinking; yet, unless you can somehow communicate and expose to the test of others, either orally or in writing, whatever you may have found out when you were alone, this faculty exerted in solitude will disappear. Hannah Arendt.

But not only afterwards does the thinking self leave its solitude. Before thinking can begin there must be some kind of public interaction (e.g. reading books, the public ideas of others).

I have said before that we should try to expand the public space beyond the national boundaries. Ideally, the other people who we need to think and to think correctly are not only our compatriots but also the rest of humanity. A global public space is the natural consequence of the widest possible extension of sources of thoughts required for thinking and the widest possible confrontation with counter-arguments and different points of view required for the correctness of thinking. Only by living in this kind of global public space can we hope to become Kant’s world citizen or “Weltbetrachter” and can we avoid national prejudices or national one-sidedness. The western feeling of superiority, for example, needed colonization to become aware of its errors. Both the private sphere and the national sphere have to be transcended in order to transcend our curtailed, narrow-minded, one-sided, prejudiced and unthinking existence. A life completely dedicated to intimacy, to that which is your own (“idion” in Greek), far away from the common world, is by definition an “idiot” life (Arendt 1983:76). The same thing can be said of life limited to a (national) group.

As for human rights, it is quite certain that they cannot do their job in the global public space as well as they can in the national one. It is difficult to enforce the protection of public communication between an American and a Chinese, even in the age of the Internet. The best we can hope for at the moment is the establishment of a chain of national public spaces protected nationally by national human rights instruments, although one should not underestimate the effect of cross-border action in favour of human rights. Ideally, human rights can only be justified when they are applied globally. A purely national application in the midst of an anti-human-rights world would lose much of its meaning if we accept the justification based on thinking.

John Stuart Mill has given another reason why human rights promote correct thinking. An opinion is not a purely personal possession and the act that inhibits the possession or the expression of an opinion is not a purely private crime. Suppressing an opinion is a crime against humanity. If the opinion in question is correct, we make it impossible for humanity to distinguish right from wrong. If the opinion is false, we make it impossible for humanity to make what is right more apparent by confronting it with that which is wrong.

Public life also plays a part in the development of an individual’s identity, at least to the extent that this identity is consciously created at all. Establishing your identity is intimately linked to thinking and, in the same way as thinking, it is not a purely private, individual or inward activity. It takes place in society and in the institutions of society. You become who you are by thinking and by developing your ideas. To a certain extent, your thoughts, ideas and convictions determine who you are, determine your identity. If thinking depends on publicity, then identity or personality as well depend on publicity.

You also become who you are by expressing yourself, by saying, doing or making things visible to all and by distinguishing yourself. All this implies the existence of a public or an audience and hence implies a public life. Thoughts take shape only when they are expressed or prepared to be expressed. By expressing and showing yourself, you make things public about yourself, things that were a secret before, sometimes even a secret to yourself. In this way, you get to know yourself and you shape your identity.

Furthermore, you shape your identity by looking at others, by studying them, by following them or by wittingly contradicting them. An individual identity needs a group in which there is a public life in the sense of showing, listening, following and contradicting (although groups are of course also the product of individuals). “Polis andra didaskei”, the individual is shaped by the “polis”. The identity of a member of a socialist party is profoundly shaped by his or her membership. We are who we are because we are part of a group. Belonging is not only a psychological or emotional need. It also shapes our identity. Hence the importance of the right to associate.

But we also are who we are because we revolt. People should therefore be allowed to leave groups. Because groups not only promote but sometimes also hinder the creation of an individual identity (they can for example be ideological “schools” or dogmatic churches enforcing conformism), it is important that membership is free and that the communication which takes place inside these groups, is as open and as free as possible. Groups should allow members to hear outside information. In other words, groups should have a public character on top of or instead of their private character.

It is useful to point out the difference between identity and individuality. Identity can imply conformism, wittingly or unwittingly. You can define your identity by conforming to a group with a certain identity that you either like or imperatively adopt because of education, propaganda, brainwashing etc. In the latter case, you have an identity, but not necessarily an individuality. You can only have an individuality if:

  1. You consciously choose the identity of a group as a consequence of reasoned reflection of a public nature (of the kind discussed above); and
  2. You have personal and unique characteristics on top of the identity of the group you have decided to join, and this is not as evident as it sounds given the power of some groups.

Conforming to a group in order to acquire an identity is very important to most people, and rightly so, at least as long as there is room left for individuality. Most people do not feel that their personal uniqueness is enough to give them an identity. They believe that only a link between them personally and something outside of them that they consider to be important – for example socialism – is able to give them an identity (Charles Taylor 1994:46). Most of the time, establishing this link can best be done by joining other people with the same idea – for example the community of socialists. This feeling of belonging to an important group also guarantees that the rest of the world is aware of your identity. The feeling of belonging to something important is crucial here. You do not have an identity because you belong to the community of people with red hair. But even the individual identity or individuality can only exist because of a link with something important, such as an event you have witnessed or caused etc. You do not have an identity because you are the only one with blue hair. Your individuality is not the consequence of a unique but arbitrary characteristic, event or sequence of events.

The process of shaping an identity through group conformity requires publicity and human rights. Groups must be allowed to exist, to make publicity for their identity, to convince people to join them etc. All these things are explicitly provided for in human rights. The process also requires democracy because it implies an egalitarian society. You cannot at the same time emphasize the importance of people shaping their identity and individuality, and accept a hierarchical society in which identities are automatically determined by social position, role or activity. A democracy, moreover, needs groups because it needs majorities, minorities and political parties. And because it needs groups, it tends to protect groups.

It is clear from all this that language and therefore also education and the struggle against illiteracy are extremely important for public life. Language is more than just an instrument to represent or translate reality or to transfer messages (Taylor 1994:10). It also has the power to constitute the human person, to express, understand and develop our personality or individuality, to promote thinking etc. Language, therefore, also creates reality.

The fact that public life and the values resulting from it require the presence of other persons and meeting other persons, does not exclude the possibility of solitude and even loneliness. The presence of others can be indirect, for example by way of a book. Sometimes it is even useful to be alone, for example when we want to study, to open up sources of ideas and information etc. This kind of solitude is not the same thing as the absence of relationships. It is not a private solitude, but a public one, if I may say so, because it requires the presence of a book; and a book is a public thing (it is a “publication”, the thoughts of someone made public). It is the indirect presence of another person.

Proust . . . ne croyait plus en la conversation ni d’ailleurs en l’amitié. C’est même de sa longue pratique de la parole vive qu’il avait tiré, contre Sainte-Beuve, la certitude d’un abyme entre le moi social et le moi profond. Mais justement les livres sont silencieux et leur auteur absent. On peut donc les aimer sans faire de manières et sans s’inquiéter de ce qu’ils ont pensé de nous: “Dans la lecture, l’amitié est ramené à sa pureté première. Avec les livres, pas d’amabilité”. Et c’est la même image que l’on retrouve chez Arendt quand elle définit la personne cultivée comme quelqu’un qui sait choisir sa compagnie “parmi les hommes, les choses, les pensées, dans le présent comme dans le passé”. Alain Finkielkraut

Reading means having a public life because it means participating in a public phenomenon, namely the published book. This is apparent in the description of the community of readers as the “public” of the writer (it is maybe even more apparent in the French language in which “le public” literally means the audience or the readership). A public space does not only contain people who disclose something. It also contains the people to whom something is disclosed. Persons who never meet each other can have a conversation and can even arrive at a common opinion.

Migration and Human Rights (32): A Human Right to Free Movement and the Common Ownership of the Earth

I’m consistently in favor of increased immigration, and skeptical of the arguments against (such as those based on notions like “importing crime”, “importing poverty” or “watering down culture”).

However, if the arguments against immigration fail, how about the quality of the arguments in favor? Poverty reduction is a strong one: the prosperity of immigrants obviously increases when they are allowed to immigrate, but so does the prosperity of the families left behind (as a result of remittances). But a more interesting argument is based on the concept of the common ownership of the earth. Humanity collectively owns the earth and its resources because the earth is simply there. No one has created it and no one therefore deserves credit for it. Consequently, all individuals have an equal claim to every part of it and collectively own every part of it. (That’s an old idea, going back at least to Kant and Grotius).

Accidents of birth do not destroy this common ownership. They don’t yield private ownership rights to those parts of the earth where they take place. Hence, these accidents should not determine who gets the exclusive usage rights over parts of the earth. Immigration restrictions are morally arbitrary since they differentiate between people based on the lottery of birth. They take the accident of being born somewhere and turn it into a rule to stay there. They are equivalent to other morally arbitrary differentiations, such as those based on race or gender. However, contrary to what happened to those other differentiations, a majority of public opinion has yet to be convinced of the morally arbitrary nature of immigration restrictions.

From the notion of the common ownership of the earth follows that every kind of private property, not only the state as the exclusive property of a part of the earth claimed by the citizens who happen to live in that state, is a privatization of common resources. I think any justification of such a privatization, and therefore any justification of any type of private property, is bound to be difficult.

If the justification of privatization – whether of territory or commodities – does not succeed, then private property and the state are by definition illegitimate. So there’s a lot at stake here. The reason why such a justification is difficult, is that private property is necessarily based on an original theft of common ownership. Even if you cultivate the land you appropriate or privatize (or better steal from the collective of humanity), and even if you incorporate your labor in the product you make based on natural resources (Locke’s justification for private property) and thereby create added value, that doesn’t change the original sin: you’ll still be like the thief who takes care of the car he’s stolen and gives it a new color.

The same is true for a farmer fencing a part of the earth, a state imposing a border and restricting immigration, an oil company extracting the oil and refining and selling it, and a primitive tribe settling down in the jungle somewhere and keeping strangers out. Even nomadic tribes are guilty of the same sin by letting their cattle graze the land and keeping other tribes away.

So this reasoning a priori invalidates all talk about immigration restrictions. But it seems that I have proven too much: all private property, not just private property of land or a country, is, in the words of Proudhon, theft. Yet, private property is extremely important from the point of view of human rights. Private property also seems to be fueling economic efficiency, as the communist experiments have shown, a contrario. Especially private property of land – important in the context of immigration – is important for prosperity. I don’t want a justification of policies removing immigration restrictions that destroys all possible justifications of all forms of private property. Moreover, while I consider existing immigration restrictions unjust, I do recognize the value of some types of restrictions. Some restrictions used by citizens to limit access to a territory that they claim is theirs are legitimate. A state is necessary for democratic self-government and for the legal and judicial protection of human rights, and it would seem impossible to imagine the concept of a state without some immigration restrictions.

These are moral goals – rights, democracy – that are at least equivalent to the moral goal of not stealing and to the moral rights of immigrants. The problem is that stealing – namely stealing a part of the earth from humanity – is precisely what seems to be necessary to achieve these moral goals. So we have a conflict between moral goals. The fact that these moral goals all seem to be equivalent – it’s not obvious that stealing is always more wrong than protecting human rights for instance – indicates that it should be conceivable to violate – or limit the force of – the principle of the common ownership of the earth in order to create private property, both of commodities and land/territory. Hence, immigration restrictions are not necessarily morally wrong, although I would still claim that the existing restrictions of all countries in the world go much too far: they don’t take the moral claim of the common ownership of the earth seriously enough, and they overemphasize the goals of residents over those of immigrants.

So how exactly do we balance these different and equivalent moral goals? For example, a country violating human rights has less rights to impose immigration restrictions because such restrictions will not serve the goal of rights. (Unfortunately, this won’t promote migration since such a country will not attract many immigrants if it winds down its immigration restrictions). A wealthy country – like wealthy people – have less rights to exclude others from a share of their wealth, since their wealth is based on the use of common property. In that case, immigrants can demand entry rights based on common property.

While national borders are drawn in a morally arbitrary way, as argued above, and while immigration restrictions that go together with the drawing of such border are therefore equally arbitrary, they are not morally meaningless. They are a morally arbitrary fact that has acquired moral significance: they have resulted in a tool – the state – that can do morally good, e.g. protect human rights and democracy.

Capital Punishment (25): Non-Contingent Reasons to Abolish Capital Punishment

Many people would agree that there are what we could call contingent reasons to abolish capital punishment:

  • it’s practiced in such a way that it doesn’t meet basic standards of fairness and non-cruelty:
    • for instance the racial discrepancies in the system in the U.S.
    • the irreversibility in cases of miscarriages of justice
    • and the methods used in Saudi Arabia)
  • and it also doesn’t do what proponents say it’s supposed to do:
    • it fails to deter crime when compared to life imprisonment without possibility of parole – see here and here
    • and it fails to be retributive because in many cases it could be argued that murderers for instance deserve a fate much worse than death – capital punishment is often much less than an eye for an eye; however, few proponents of capital punishment are willing to take that road.

However, is there an argument for abolition that does not depend on contingent facts? Or, in other words, even if the punishment would be administered in a totally fair, correct and non-cruel way, and even if every execution would deter n murders, would we still have reasons to abolish it? To put it in yet another way: is there something inherent in capital punishment, in the very nature of it, that justifies its abolition?

I think there is. Before I tell you, however, I just want to say that it is in a sense futile because the contingent reasons for abolition are so strong that they are enough. I don’t think we can ever find a way to apply capital punishment without discrimination, without the risk of killing innocent people, and without any cruelty (even painless executions involve psychological cruelty, often for years on end). Hence it isn’t really necessary to make the case that even in perfect circumstances – which will never pertain – capital punishment isn’t justifiable.

But I’ll make the case anyway, because it reveals something that is philosophically interesting, even if it’s not practically useful. Imagine the perfect but in my view improbably if not impossible circumstances in which capital punishment is used as a fair, non-cruel and correct way of punishing certain criminals (correct in the sense of avoiding miscarriages of justice) and thereby deterring further crime. The intention of being retributive is almost impossible, even in ideal circumstances, as I have argued above, unless we give up traditional notions of cruelty which few proponents of capital punishment are willing to give up, so we can leave that aside.

So the focus is on deterrence. What does it mean to deter? It means that criminals are used as instruments to advance the collective interest. They are sacrificed for the greater good and a resource for the benefit of others (namely the intended future victims of future murderers). When the state instrumentalizes people in this way, it sends a clear message that this is a normal way of treating people, with possibly disastrous consequences. One of the most important lessons we have learned from Immanuel Kant and others is that we should never use fellow human beings as means to an end. An offender, even the worst possible offender, has a certain value as a human being, a certain dignity if you want, which should be respected and which cannot be canceled in the process of punishment. An offender shouldn’t be a mere tool to send warnings and intimidations to possible future offenders.

Now, you could say: how is this different from life imprisonment without parole? Isn’t that also meant to deter and hence open to the same criticism? No, it isn’t. Life imprisonment is intended to stop the criminal from doing further crime, and hence the criminal isn’t used to deter others. Furthermore, life imprisonment is intended to give the criminal the opportunity to make amends.

What is Democracy? (19): Democracy is Peace

The democratic peace theory, stating that democracies do not wage war among themselves, is one of the main arguments in favor of the international promotion of democratic governance. It has been around since Immanuel Kant who, in his essay Perpetual Peace, postulated that constitutional republics, or what we now would call democracies, was one of the necessary conditions for a perpetual peace. Recently, this theory has been abused by the US government in order to justify a war against a non-democracy – Iraq – in order to bring lasting peace to the world, but this abuse has not diminished the strength of the argument.

Democracies do not wage war among themselves mainly for the following reasons:

  • Democracies are able to make and keep international agreements and to create mechanisms which make it possible to solve international conflicts in a peaceful way. Publicity, as we find it in a democracy, tends to enhance respect for agreements because it makes it harder to cover up violations of agreements. A mentality of respect for the law, which is typical of a democracy because the rule of law is typical of a democracy, promotes respect for international agreements.
  • Democracies are able to avoid civil strife because they have judicial systems for solving conflicts between persons or between groups. Civil strife often spills over to other countries and can cause international conflicts (international violence is often the consequence of internal violence). Therefore, avoiding civil strife means avoiding international conflicts. Tolerance, respect, religious freedom and non-discrimination, as guaranteed by human rights and democracy, also protect civil peace and therefore international peace.
  • Democracy promotes peace because it provides mechanisms for the peaceful transition from one ruler to another. There is no need for a violent succession struggle which can have international consequences. Opposition movements do not have to resort to extreme tactics in order to prove their point or to take over power. Leaders do not need to engage in dangerous international adventures in order to increase their legitimacy etc.
  • Governments which treat their own people with tolerance and respect tend to treat their neighbors in the same way.
  • Governments which cannot force people to do something against their will, will find it much harder to go to war. The people most often do not want to go to war, because it is they who suffer in the first place. To some extent, a tyranny does not need the agreement of the people to start or continue a war.

Why Do We Need Human Rights? (1): Thinking (the Public Space and Immanuel Kant’s Theory of Thought)

Human rights have many functions, but their most important one is perhaps the institution and the protection of a public space and a public life for every individual. This is especially true of freedom rights or civil rights (which of course also institute and protect a private space, in particular by way of the right to privacy and the right to private property). These rights protect public life because public life guarantees a number of important human values such as the ability to form, experience and preserve an individual as well as a collective identity and the ability to think more or less correctly. I will use Kant’s philosophy to substantiate these claims.

Public life as such is not dependent on human rights. There is publicity in states which do not protect human rights. The advantage of human rights is that they are equal rights. They try to protect public life and the values attached to it for every individual in an equal way. We can of course have a perfectly happy life without having a public life, but then we relinquish the values that are protected by this public life. It is also true that we can have a public life without the protection of a state and its legal instruments (such as human rights, judges, police etc.). However, public life would then be fragile, uncertain and unequally distributed among individuals.

I am conscious of the fact that not everybody will be convinced by this justification of human rights. Those who desire nothing but a completely private life or a hedonistic life devoid of any public communication or political involvement will be disappointed. However, I am sure that, once I have explained the meaning of the words “public life”, most of the people in most cultures of the world will agree that they refer to something valuable. Which, of course, does not mean that they will agree that there is a link between these concepts on the one hand and human rights and democracy on the other hand.

Human rights protect our public life, but why do we need a public life? And what is this public life? How does it protect certain values, and how is it protected by freedom rights? Let me start with the first two questions. A public life is a life dedicated to publicity, to public deeds and words, not necessarily in an active way; for most of us maybe only in a passive way. Publicity is open interaction, taking place between as many people as possible and with as little limitations as possible. Hidden, private, secret, clandestine or prohibited interaction is not public interaction.

I will not use the word “public” in the legal sense. Public law regulates the relationships between the citizens and the state (for example criminal law, constitutional law etc.), while private law regulates the relationships between citizens (for example the law of commerce or the law of succession). This legal way of understanding the word “public” is too limited for my purpose. This legal definition also leads to confusion. Hannah Arendt (1992:95) states – and I agree – that the separation of church and state has not transformed religion into an entirely private or intimate affair. Only a tyrant can destroy the public role of religion and churches and can destroy the public space where religious people meet. However, because of her purely political interpretation of the word “public” – the public domain is the political domain, and nothing more – she is forced to use the awkward expression “secular public space” in order to describe the sphere of politics or the state, and the equally awkward expression “religious public space” for the space left vacant by politics in a system which is characterized by a separation between church and state. She seems to define the word “public” in a very limited way (public = politics), but also speaks of “all forms of public relationships, social as well as political” (Arendt 1990:170). Habermas struggles with the same contradictions: his “‘öffentlichkeit” is a space where private citizens can act in a critical way towards the public/political domain. Castoriadis similarly reduces the public to the political:

The emergence of a public space means that a political domain is created which ‘belongs to all’. The ‘public’ ceases to be a ‘private’ affair – of the king, the priests, the bureaucracy, the politicians, and the experts. Decisions on common affairs have to be made by the community. Cornelius Castoriadis

A public life, in the way I understand it, consists in the first instance of sets of relationships between citizens, although the relationships between the state and its citizens can also be part of a public life (especially in a democracy; democratic political life is a part of public life). The public space is larger than the space of politics and the state (although in a democracy the latter is part of the former).

Human life is of course impossible without relationships. We all live in society. No one is self-sufficient or “atomized”. Man is always a fellow man; existence is always coexistence. Other people are there before we are and we continuously profit from their achievements. We need interaction and communication with other people – first our parents but not just our parents – in order to be able to think. Moreover, thinking has to transcend the private sphere because it is dependent on other people besides our relatives, friends and private acquaintances. It needs public interaction, not just private. The ability to think is not created and developed in any arbitrary group, but only in a community – if possible the world community – in which publicity reigns and in which there are rules and laws that can enforce this publicity. Immanuel Kant correctly stated that the authority that takes away the freedom of expression also takes away the freedom to think, a freedom usually considered to be inalienable (Kant 1992:87). Thinking needs the public use of reason. Thoughts are not something you develop on your own or in some small and closed group. You first need to listen to as many thoughts as possible in order to develop your own thoughts. (Or, which can be the same thing, you need to read books. Books are thoughts made public, which is why they are called publications). Listening to as many thoughts as possible, expanding the sources of thoughts and information, can only be done by making them public. Thinking, the inner dialogue, is always the result of a public dialogue. How much would you think if you would never speak to anyone, or even if you would always speak to the same, small and private group of people? Thinking needs thoughts that come from outside of your own limited group. Hence thinking needs human rights.

However, not only the ability to think as such, but also the ability to think in a more or less correct way, with as few mistakes as possible, depends on publicity, which is another thing we learned from Kant. By making your thoughts public and thus submitting them to scrutiny and tests by other people – first and foremost submitting them to those who are not your private or personal friends, because they might be too kind for you or too like-minded – you are forced to say how you came to have these thoughts and to give an account of the reasons why you have these thoughts instead of others. This will force you to reflect on your reasons and arguments, and, if necessary, to look for better ones. Giving a public account of your reasoning, or knowing in advance that you will give this account, makes you very critical of yourself and helps you avoid mistakes. Nobody wants to make a fool of themselves. This means that you confront – or prepare to confront – other people and their (possible) objections, not only in order to disprove their objections, but also in order to disprove or possibly improve your own opinions.

Publicity improves the quality of thoughts both because of the a priori self-criticism that it promotes and because of a posteriori testing by other and not necessarily like-minded people (a phenomenon well known in the scientific community).

A particular issue is forced into the open that it may show itself from all sides, in every possible perspective, until it is flooded and made transparent by the full light of human comprehension. Immanuel Kant

If you want to improve the quality of your thoughts, then you need publicity on two levels: first you have to make your thoughts public, and then you have to listen to public objections and arguments. This means that you as well as your opponents must have the right to be heard and to defend arguments.

This is the link between publicity and human rights. Giving a public account of your reasoning and arguments, taking objections into account, putting yourself in the place of someone else, think like someone else, look at things from another side or perspective, act as if you hold a contrary point of view, all this is possible only when different perspectives and different points of view are freely expressed. Human rights and in particular freedom rights can help to achieve this (Kant’s imagination can also help but is probably not enough). Putting yourself in the place of someone else, looking at something from another point of view or another perspective helps you to better understand things, just as looking at an object from another point of view helps you to better perceive the object. Without human rights, many valuable points of view or perspectives will not be made public, and many valuable objections and counter-arguments will not be known to someone defending a certain thought or idea. This can diminish the quality of the thought or idea in question.

Thinking correctly means thinking in community with others. Of course, I use the word “correctly” not in an absolute or scientific sense. The debate is open-ended, new arguments or new objections can always emerge and can lead to an even better understanding. Correctness in this sense can only be an approximation.

If you consider thinking and thinking correctly to be valuable activities – and it is hard not to, because without thinking you cannot consider anything – then publicity or public life as well as the rights that are necessary for its protection must also be valuable.

The fact that thinking is not an isolated business contradicts a well-known intuition.

Thinking . . . is the silent dialogue of myself with myself . . . and . . . is a “solitary business” . . . Also, it is of course by no means true that you need or can even bear the company of others when you happen to be busy thinking; yet, unless you can somehow communicate and expose to the test of others, either orally or in writing, whatever you may have found out when you were alone, this faculty exerted in solitude will disappear. Hannah Arendt.

But not only afterwards does the thinking self leave its solitude. Before thinking can begin there must be some kind of public interaction (e.g. reading books, the public ideas of others).

I have said before that we should try to expand the public space beyond the national boundaries. Ideally, the other people who we need to think and to think correctly are not only our compatriots but also the rest of humanity. A global public space is the natural consequence of the widest possible extension of sources of thoughts required for thinking and the widest possible confrontation with counter-arguments and different points of view required for the correctness of thinking. Only by living in this kind of global public space can we hope to become Kant’s world citizen or “Weltbetrachter” and can we avoid national prejudices or national one-sidedness. The western feeling of superiority, for example, needed colonization to become aware of its errors. Both the private sphere and the national sphere have to be transcended in order to transcend our curtailed, narrow-minded, one-sided, prejudiced and unthinking existence. A life completely dedicated to intimacy, to that which is your own (“idion” in Greek), far away from the common world, is by definition an “idiot” life (Arendt 1983:76). The same thing can be said of life limited to a (national) group.

As for human rights, it is quite certain that they cannot do their job in the global public space as well as they can in the national one. It is difficult to enforce the protection of public communication between an American and a Chinese, even in the age of the Internet. The best we can hope for at the moment is the establishment of a chain of national public spaces protected nationally by national human rights instruments, although one should not underestimate the effect of cross-border action in favour of human rights. Ideally, human rights can only be justified when they are applied globally. A purely national application in the midst of an anti-human-rights world would lose much of its meaning if we accept the justification based on thinking.

John Stuart Mill has given another reason why human rights promote correct thinking. An opinion is not a purely personal possession and the act that inhibits the possession or the expression of an opinion is not a purely private crime. Suppressing an opinion is a crime against humanity. If the opinion in question is correct, we make it impossible for humanity to distinguish right from wrong. If the opinion is false, we make it impossible for humanity to make what is right more apparent by confronting it with that which is wrong.

Public life also plays a part in the development of an individual’s identity, at least to the extent that this identity is consciously created at all. Establishing your identity is intimately linked to thinking and, in the same way as thinking, it is not a purely private, individual or inward activity. It takes place in society and in the institutions of society. You become who you are by thinking and by developing your ideas. To a certain extent, your thoughts, ideas and convictions determine who you are, determine your identity. If thinking depends on publicity, then identity or personality as well depend on publicity.

You also become who you are by expressing yourself, by saying, doing or making things visible to all and by distinguishing yourself. All this implies the existence of a public or an audience and hence implies a public life. Thoughts take shape only when they are expressed or prepared to be expressed. By expressing and showing yourself, you make things public about yourself, things that were a secret before, sometimes even a secret to yourself. In this way, you get to know yourself and you shape your identity.

Furthermore, you shape your identity by looking at others, by studying them, by following them or by wittingly contradicting them. An individual identity needs a group in which there is a public life in the sense of showing, listening, following and contradicting (although groups are of course also the product of individuals). “Polis andra didaskei”, the individual is shaped by the “polis”. The identity of a member of a socialist party is profoundly shaped by his or her membership. We are who we are because we are part of a group. Belonging is not only a psychological or emotional need. It also shapes our identity. Hence the importance of the right to associate.

But we also are who we are because we revolt. People should therefore be allowed to leave groups. Because groups not only promote but sometimes also hinder the creation of an individual identity (they can for example be ideological “schools” or dogmatic churches enforcing conformism), it is important that membership is free and that the communication which takes place inside these groups, is as open and as free as possible. Groups should allow members to hear outside information. In other words, groups should have a public character on top of or instead of their private character.

It is useful to point out the difference between identity and individuality. Identity can imply conformism, wittingly or unwittingly. You can define your identity by conforming to a group with a certain identity that you either like or imperatively adopt because of education, propaganda, brainwashing etc. In the latter case, you have an identity, but not necessarily an individuality. You can only have an individuality if:

  1. You consciously choose the identity of a group as a consequence of reasoned reflection of a public nature (of the kind discussed above); and
  2. You have personal and unique characteristics on top of the identity of the group you have decided to join, and this is not as evident as it sounds given the power of some groups.

Conforming to a group in order to acquire an identity is very important to most people, and rightly so, at least as long as there is room left for individuality. Most people do not feel that their personal uniqueness is enough to give them an identity. They believe that only a link between them personally and something outside of them that they consider to be important – for example socialism – is able to give them an identity (Charles Taylor 1994:46). Most of the time, establishing this link can best be done by joining other people with the same idea – for example the community of socialists. This feeling of belonging to an important group also guarantees that the rest of the world is aware of your identity. The feeling of belonging to something important is crucial here. You do not have an identity because you belong to the community of people with red hair. But even the individual identity or individuality can only exist because of a link with something important, such as an event you have witnessed or caused etc. You do not have an identity because you are the only one with blue hair. Your individuality is not the consequence of a unique but arbitrary characteristic, event or sequence of events.

The process of shaping an identity through group conformity requires publicity and human rights. Groups must be allowed to exist, to make publicity for their identity, to convince people to join them etc. All these things are explicitly provided for in human rights. The process also requires democracy because it implies an egalitarian society. You cannot at the same time emphasize the importance of people shaping their identity and individuality, and accept a hierarchical society in which identities are automatically determined by social position, role or activity. A democracy, moreover, needs groups because it needs majorities, minorities and political parties. And because it needs groups, it tends to protect groups.

It is clear from all this that language and therefore also education and the struggle against illiteracy are extremely important for public life. Language is more than just an instrument to represent or translate reality or to transfer messages (Taylor 1994:10). It also has the power to constitute the human person, to express, understand and develop our personality or individuality, to promote thinking etc. Language, therefore, also creates reality.

The fact that public life and the values resulting from it require the presence of other persons and meeting other persons, does not exclude the possibility of solitude and even loneliness. The presence of others can be indirect, for example by way of a book. Sometimes it is even useful to be alone, for example when we want to study, to open up sources of ideas and information etc. This kind of solitude is not the same thing as the absence of relationships. It is not a private solitude, but a public one, if I may say so, because it requires the presence of a book; and a book is a public thing (it is a “publication”, the thoughts of someone made public). It is the indirect presence of another person.

Proust . . . ne croyait plus en la conversation ni d’ailleurs en l’amitié. C’est même de sa longue pratique de la parole vive qu’il avait tiré, contre Sainte-Beuve, la certitude d’un abyme entre le moi social et le moi profond. Mais justement les livres sont silencieux et leur auteur absent. On peut donc les aimer sans faire de manières et sans s’inquiéter de ce qu’ils ont pensé de nous: “Dans la lecture, l’amitié est ramené à sa pureté première. Avec les livres, pas d’amabilité”. Et c’est la même image que l’on retrouve chez Arendt quand elle définit la personne cultivée comme quelqu’un qui sait choisir sa compagnie “parmi les hommes, les choses, les pensées, dans le présent comme dans le passé”. Alain Finkielkraut

Reading means having a public life because it means participating in a public phenomenon, namely the published book. This is apparent in the description of the community of readers as the “public” of the writer (it is maybe even more apparent in the French language in which “le public” literally means the audience or the readership). A public space does not only contain people who disclose something. It also contains the people to whom something is disclosed. Persons who never meet each other can have a conversation and can even arrive at a common opinion.