人权观的历史局限和他权的谈起
The Historical Limits on the Thought Human Right
And the Rise of Other’s Right
当非洲的儿童发出饥饿的哭啼声时,我们想我们为什么不能认真地援助他们,当我们看到中东逃难的儿童淹死在海滩旁时,我们想到的是我们为什么不能给他一个安稳的家园?当我们看到在灯红酒绿的摩天大厦里,看到那些在办公桌旁的和厂房林立的机器旁苦苦奋斗的白领和蓝领的工人们,我们想到的是,我们难道不能给他们一个自由的天地吗?这里谈的全是他们,他们的权力呼之欲出。可人权观谈的是个人的权力,看起来一切平等,每个人都有,可弱者在竞争中那能和强者比,最后自由平等全属于强者的自由平等。可弱者总是大多数,强者总是少数。所以自由平等总归是少数人的自由平等。这自由平等不过是为了资本的顺利运作,自由平等的雇佣工人。可人们为自由平等最终奋斗的目标是自由平等享受财富,正像人权所没有谈到的而他权总是主张关心他人那样。人类需要英雄壮举,但只有为了他人权力与利益,才能永存史册。总之人权观的消亡和他权观的兴起同样是不可避免的。
The Historical Limits on the Thought of Human Right
And The Rise of Other’s Right
(2015/12/20)
Preface and Summary
When children in Africa made hungry cries, we think why we can't seriously help them, when we saw the children from the Middle East as refugee drowned in the beach, we think why we can't just give them a stable homes? When we see white-and blue-collar workers are struggling next to the desks or the machine in the neon-lighted skyscrapers or in the plants standing like forest, we think why we can't give them a free world? Here is all talking about them, their rights-others’ rights seem ready to be shown on the call. But human rights are talking all about individual rights. It shows everything is equal, everyone has, but how can the weak win in the competition with the stronger? Finally the all freedoms and equalities belong to the stronger. However the weak is always majority and the stronger is always a minority. So freedom and equality is always freedom and equality of a minority. Freedom and equality is only for the smooth function of capital, which can freely and equally hire workers. But that people strive for the ultimate goal of freedom and equality is the rights of freedom and equality to enjoy the wealth. This is goal that the human right does not talk. But others’ rights always claim to care about others. Human needs the heroic action. However only if it is for others’ rights and interests, that can go down in history forever. Anyhow, the end of thought of human rights and the rise of others’ rights are same inevitable.
In order to truly and reasonably protect the right and interest of each of us,to have all people really be free and equal, what we should stress to protect is not the individual human rights, but instead, we should respect and must not infringe upon the rights of others – others’ right. And we should emphasize the basic responsibility of others and inhibit various violations of others’ rights. This is not concerned with human right itself, but historical limits of thought of human right. We think the thought of human right should end.
Those serious people hope each one of us (without distinction of race, man and woman, age, health, language, political and religious belief not against others) get social equality, freedom, justice and respect. But owing to different starting angles of the considerations such as protection of the personal right or protection of the others’ rights, the results are completely different. Human’s history has proved it clearly.
Since 1776, the United States for the first time officially put forward the concept of human right in its “Declaration of Independence”, we have French and UN declarations and supplements of human rights. But in this period of time, people miserably suffered two world wars. Now in the Middle East, the human rights are still violated in massive scale. We have to say this history is full of bloody violations. The thought of human right is far from enough as an ideological weapon for the peace and harmony of the human beings. This is because that the big parts of the human right stresses individual, one self right. This will definitely lead to violation of others’ rights for personal right for over happiness till the launch of the internal and external wars and aggressions to other countries.
Many scholars have pointed out this serious shortcoming but no new alternative idea has been raised. Now we put forward the others’ right instead of human right for reference. We think that we should not continue to revise or amend the old idea of human right and take look at the new idea of others’ right instead.
Over two thousand years ago, there is a piece of land in the East on which there were intensified wars and fights for hegemony to each other in large scale among the mankind, like the present situation over the world - that is China during the period of Spring and Autumn and Warring States. In the middle and later period, many heavy-weighted scholars such as Confucius, Lao Tzu and Mencius, etc., in the face of killings,oppressions and fights made voices loudly and puts forward the benevolence for others and the love of others. Love means responsibility. Mao Zedong inherited and developed this thought and put forward “ Serve the people”. This is to serve all the good others, to have a responsibility for others, thought of the others’ rights. We should respect and must not violate others' rights. This appeal was made in front of the cruel killings to human in large scales. It has never absolutely become a little weak because of years apart farther from the present. It has played its decisive roles in reality not changed in accordance with the people’s consciousness. They are only questions whether we the present generation are intelligent enough to realize this point or not. Culture is thought of history, and civilization is relative or absolute excellent culture. We follow the human‘s excellent thoughts from the ancient time to the present because they are the excellent civilization of the human beings. We only look at themselves and do not look at their ages. It should let us re-think what we should advocate? Though others’ rights and human rights are different only by one word, their meanings are different far away.
While we focus on the hopes of the equality and the freedom, we cannot carelessly introduce the thought of selfishness to violate the others’ rights for one’s own. Each one of us is other’s other, and therefore, if everyone can respect the rights of others, the rights of every one of us can be also naturally protected, because the others can protect us as others. It is the only way to protect our own rights. And if we emphasize the individual rights, it will definitely result in various battles among people and the endless harms. In safeguard of one’s own rights and interests in the pursuit of personal happiness, the one disregard the rights of others, publics or collectives, the one is selfish, which is the source of all evils. It will end up to lead to fight for one’s own unfair rights, fames, positions and faces at expenses of the others’ rights. It can cause various injustices. So if we advocate the human right, we may be advocating selfishness at the end. And explanation and supplement are always pale and powerless. This is a historical limit of human right.
To defend the rights of its own body is the instincts of normal animals, while the respect of the rights of others is the sentiment that the only human beings have and should be able to do. The modern science has revealed so far that the planet where we live in the universe is unique. The Earth shelters us to live under this unique home, living collectively. Therefore, among human beings, we must know how to get along with others. This is a prerequisite as well as the results for getting along with people. This stresses the other people rather than individuals. It is entirely different.
In the past hundreds of years through today, the human right during the same period is the most important ideological weapon of the capital which has been rising and function as to push the productive forces forward. The capital does not recognize any privilege, because most of them have no any hereditary privilege; only recognize money, because it is only thing they have which is called as capital when in production. The opportunity to get rich only is given minority. Anyone becomes the owner of the capital, and he gets recognized. But the rest of people fell as workers being hired. Therefore, the capital must claim free and equal status for majority as much as possible and various opportunities of freedom and equality. So the capital operations can hire workers freely and equally. What is astonish, the human right does not mention the same freedom and equality for people to enjoy wealth, this demonstrate the freedom and equality to the most people at best is the freedom and equality being hired, or workers find jobs freely and equally.
The capital has liberated people from the constraint of the feudal mire. Objectively speaking, because people have the bigger freedom and equality, speaking in any way, this is a great progress of mankind. The human right adapted to capital operation has a huge progressive meaning. However its subjective purpose is to give capitals the enough ability for its operation. No explanations and supplements can cover up its original meaning and to wipe out the bloody rains it has brought
We looked for many documents concerned and found that the human right can claim all freedoms and equalities, but surprisingly neither freedom nor equality for people to obtain, enjoy and be given the wealth for their needs. What is the final goal for freedom and equality of human beings? We think the human beings strive for freedom and equality not only for the purpose of the freedom and equality to work and political requirements, not only for production of wealth in large amount, but the same rights of freedom and equality to support their lives, to meet all their reasonable needs, to enjoy the wealth of all kinds. The great nature gives its every member the freedom and the equality to enjoy the wealth without any prejudice. This is also the main purpose for people to work for and to spend unworried lives. It should be also the purpose of freedom and equality. And therefore it should be the final goal of freedom and equality for workers and entire human beings. We can’t require every one like heroes or heroines who can sacrifice their own interests, but what we claim is everyone can respect others’ rights in pursuit of personal happiness. So only every one of us finally has the rights of freedom and equality to enjoy wealth, the society of human beings can get the thorough peace and harmony.
We think the thought of human right is neither for entire human by its nature, nor the human’s final ideological weapon absolutely. The part of meaning referring to selfish and this lack of the final goal have all confirmed our deduction reversely. In the time when the productivity develops to a certain extent, the society will not give you the rights of freedom and equality to work only, but the rights of freedom and equality for you to enjoy for all reasonable needs as well. When the society can produce sufficient and large amount of wealth, it is a humanized duty for the society to fully meet the needs for its every member. But that is a long-term goal. Now it is impossible. However it is same as the human rights itself, though it cannot be fully realized for the time being, it is still greatly significant to strive for. Some people may question: is this goal a farmer’s thought? The farmer’s uprising leaders ever announced the fighting slogan as “Equalize the noble and humble, same share between rich and poor”. We say that the farmer’s nice and primitive thought is plain and nice, however it is impossible to build it on the present productivity. Chinese ancient poet made his empty sadness in an old poem “Inside a color gate, meat and wine have gone bad, while outside along the road the frozen bodies like ghost lie”. But this cannot demonstrate this goal is not a beautiful hope. The history of human can make it clear: about 100-200 years ago, there were seldom people who seriously thought about the gap between the rich and the poor, but recently people have begun to take measures to reduce the gap between the rich and the poor. And therefore we may logically forecast that with the further development of productivity, the human will write the slogan on the banner: “eliminate the gap between the rich and the poor”. Of course, this is not the goal to be realized at the moment by one step. This goal should be final for the freedom and equality to be realized at last.
Surprisingly, the thought of human right can claim all rights for the people but with no goal. But without mention of goal is not equal to there is no goal at all. The final goal is as important as right itself. We look at the capital, its goal is very clear, that is the accumulation of profits as soon and large as possible, so that a few owners can enjoy endless wealth. Capital owners will of course take great interest and pleasure about it.
Thought of human right thinks this private own system is forever, so labors will never have the right of freedom and equality to share the wealth, no matter how advanced productivity will be. However, the fact will take place naturally. Imagine that when each one of us has the right of the freedom to obtain wealth, private-own system of wealth for most people will become meaningless. Then to a few owner of great amount of wealth, huge wealth doesn't make any sense for their lives as well, because they are like most people and have the freedom to get all they need. But if they have huge wealth, eventually they have to undertake the direct management responsibility for the society, rather than through trust management. What is more, this responsibility will increase with the increase of the wealth. If you have no management experience, or don't want to be experienced to undertake the "extra" works, you will not have to write this wealth under your own name. What is more, as big enterprises have big influences to economy of a society, so it is impossible for the society to govern these enterprises. The private own nature of the wealth will die. A program without a goal eventually won't inspire people to strive and keep long for it with passion and desire. For this goal reflects the prospects of human development. It is every important. Now some people may think this goal is but a sea mirage. It is within sight but beyond reach. But we are convinced that as long as this goal is unrealized, humans will not stop fighting for one day.
At the beginning, some people feel that since human rights claim the freedom and equality, this does bring about economic developments, as the capital can hire workers freely and equally and so the capital operations can go smoothly. Therefore people think that thought of human rights are useful and good, and since it is the only way that human must follow. And they think the thought of human right should be justified. But this is the way without the final goal. Fortunately, some people found the problem and pointed out the final goal. Luckily, the human beings didn’t make the wrong way for the final goal of freedom and equality any way. When people have an excellent ultimate goal, they will fight for it.
The thought of human right can be divided by two parts. They are personal right and right of entire human beings.
The first is for the personal right. It is partially correct, however it must be restrained or limited. That is not to violate to other’s right. Because if no such the limit, the bloody facts that the human rights are used as executes to harm the others and other countries take place everywhere and every moment. So we must impose the restriction to the thought of the human right from theory. When human right adds the limit, its concept becomes the concept of the right of others.
The second is for entire human. But the concept of human is too empty, can be specified to the others. Human in the world can be originally divided by the two parts only: oneself and others. The meaning of human right for the entire people can be more clearly specified as others’ right. So, this reasonable part of human right is the other’s right.
The economic and political issues are two co-existent, inter-supportive , inter-restricted and inter-dependent. From the point of view of others’ right, they need not to tell who comes before whom. After of all, you have to respect the economical and political choices of others. But from the point of view of human right, they have to be distinguished who comes first as they are often used one denies another. Obviously economy is first and basic. Politics are second. So economical right comes before the political one. They are the comment sense. Whether political requirement is fit with a society and can meet international standard (not the standard of one country), we should observe its economical developments. If the economy can develop in a period, this illustrates the relationships between people versus people and people versus material basically got suitable and are fitted each other. There are the issues of human rights both in economy and politics. But human right in economy is more important than the same one in politics. Political right and requirement can only be wanted after the basic needs for the right of survival has been met and guaranteed.
According to the general scientific research, human’s existence can be divided by 5 layers. The needs of human’s life, the physiological requirements are on the most basement at lowest level. Only from this level up, there are political elements such as safety, esteem till actualization at the top. Therefore the right of survival and lives is first for human beings. The workers for human right have to pay attentions to this. If the human right does not talk about the rights of survival and lives, then it should not be called the human right but political right. It is worthy of the name. On the whole, we cannot put our carts before the horse, cannot shut our mouths about the basic right requirement of life, disregard the efforts of the people all over the world for the survival and give the priority to get rid of poverty economically, and disregard the truth and facts. If its economy can develop, the stability of one country is much more important to the people than the changes of political structure by foreign forces according to the political standard of or the attitude to one country. If counties big or small in the world focus more on the economical development, they will be more understanding and tolerant to political differences and less expose to conflict in political and military affairs globally. In this direction, after human’s efforts in several generations, people will find themselves united and identical,because human beings’ existence has the maximum common feature.
But now workers have to spend a lot of time to work. In developed countries, labors have to struggle for the survivals under the pressure of survival and are busy for purchase of rooms, educations for their children and daily necessities. This freedom and equality mainly means to be free to find jobs for the workers and not for their enjoyment of lives. Various works lock the Labors at works as the results that they have little abilities to control their time and enjoy the wealth given by the human and nature. In Africa, many people are struggling at horizon of poverty. Do we fulfill our duties possible to give them serious helps? These are their survival rights as their most basic and top needs we should think about. In the Middle East, the people are struggling at wars and disorders. On the whole, they have to take risks of death anyway, so they have to escape as refugees, or rise with explosives and guns. They launch terrorist attacks to the unarmed and innocence people. This should be denounced. But they particularly need cares and loves. So they need more and immediately the thought of others’ rights. Aid them the enough goods for rescue and relief and constructions rather than military goods to show our cares and loves to others and to unlock this vicious circle for less killings. That is our responsibility to others.
For various reasons, some events that may harm the others and negatively influence others’ interests take place, for the responsibility to others, heroes and heroines sacrifice their own interests for others on the events, practice the thought of others’ right, they are our heroes or heroines. For the heroes and heroines in all countries including China’s Lei Feng and Jiao Yulu etc. and America’s heroes and heroines in the rescue and relief for 911 Attack, such as Moira Smith, Welles Crowther and Tom Burnett etc. They do not care about their own lives. What they thought by no means was individual's rights. How can we use the thought of human right to interpret them. The only thing they care about is the rights of others and the public’s. This has become the common features for the heroes and heroines. We are deeply moved for it. In any circumstances, anyone who harms the interests of others for one own can never become heroes or heroines
When the improvements of working conditions eliminate the differences between men and women physically at their work, as the different opportunities given to different people who can create different amount of wealth will not be as important as it is now, as different people in different places of the world live at the about same level because of the large production increase and globalization, it is only the old and young, the sick and disables who are different physically and this cannot be eliminated. Couldn’t we let these people to take what they need for free at that time of big and enough increase of production? They can take any wealth they need.
Owing to the capital is private-owned, so it will be very difficult for the capital voluntarily to push the freedom and equality forward to the free and equal rights for people to obtain and enjoy the wealth. The people should say that then nobody would work, and workers would not be able to make money for their families. Indeed, the present working conditions require people to enjoy wealth differently according to their labors, so workers can be incentive to finish the creation of wealth under the present and comparatively harsh working conditions. This requirement is out of the lower productivity and private own capitals and objectively required as well. We cannot say they are wrong for the time been. But future goal realization depends on today’s proper efforts. By nature, the private owners make payments of costs of various kinds including manpower as less as possible for better profits.
To realize the above-mentioned final goals, or to solve above-mentioned problems, we must respect other’s rights. Other people's rights to survival must be first fully respected. No the big, the strong and the rich should coerce, humiliate or bully the small, the weak or the poor. It is immoral not to respect to others, i.e.to take overt and covert actions and force others to do something only in accordance with one’s own will but disregarding to others’ will. Of course, talking is talking, business is business. But it is always better to let some people cannot do some immoral things by using the high-sounding human rights as grounds without scruple. Now we have conditions to eradicate the poverty, reduce the gaps between the poor and the rich. We will liberate human from the spiritual slavery and be able to control everyone’s own time, etc. On the whole, only the right of others can realize these goals. But the thought of human right give people too many excuses to infringe others’ rights and interests.
Only on the basis to respect and safeguard others’ rights, people can get along with others friendly and peacefully in harmony, respect each other. It is natural to have all of equal political rights and finally to have the equal and free rights for each person to enjoy wealth (not only to produce wealth). Then we have equal opportunity to enjoy the educations, medical treatments and entertainments, equal opportunities to work and treat equal pay for equal work. If the thought of freedom and equality deviate from the thought of “to serve the people”, from the thought of other’s right or a responsibility to others, these freedom and equality will doom personal ones, and finally become that of the stronger only and the vast weaker will have no freedom and equality. The society will be full of various fights. Only everyone respects and protects others’ rights, then the persons in power – the rulers can respect and protect the rights of people (the governed, compared weaker),then the rich people give their cares and helps to the poorer for their survivals, then the weak - elderly, children, women, patients, disables and sick can get the most of helps. The differences being made owing to the power, physical reasons and finance will not become causes to inhibit the equal rights.
Most of us who come to this world start our lives under others’ the selfless and their maximum responsibilities and obligations to care, love, protect, nurture and educate until we can rely on ourselves for independence. In turn, starting from infants, we do what we can spontaneously love and care our parents, to love and care for our relatives and for our friends. This demonstrates the love to others is born with. Human’s nature at birth is good, but later reality affects us. Different realities give different influences for people to develop. However, we claim that we should in turn give our feedback to others, and to the most others, do our responsibilities and obligations to help others. And therefore it can form a virtuous circle.
Each of us is the other of others, therefore we respect other people's right, that means we protect our own rights as well as reasonable part of human rights. If we say human rights found people, this is just an individual, and "right of other" founds a collective of people. People are symbiotic. Because we are symbiotic, so we have something important in common. That everyone has in common can form the rights and interests of the collective and publics. But this processes of the formation should be true and fair and can represent majority. Because each one of us has personal differences, if these differences harm others’ rights, they must be restrained. If these differences do not harm the others’ rights, they must get respected.
Only when the rights of others and collective are respected, then human beings can live together in harmony on Earth, then the freedom, equality and philanthropism can be really realized. These freedom, equality and philanthropism will make real sense. Or, if we stressed personal rights purely, this freedom became just the right of the rich and the people in power. And the rich and people in power always is minority. This circumstance makes the freedom but just a game for the capital operation and most of people can enjoy limited freedom or nominal freedom, and absolutely is not for the maximum and real freedom. The equality will also become empty due to the inequality for each person to obtain and enjoy the wealth. Only when human beings finally have the right of equality to enjoy wealth, the human can finally live in the peace and harmony. Certainly, from the unequal right to the equal right, then to the equal rights in the last results, there is a transit period. The philanthropism means to love others indeed. But this term does not literally say to love others. And so this lack of the specification is powerless in language.
Modern democracy and the rule of law are also built on the basis of the respect and the safeguard of the others’ rights.
It is just for safeguard and respect of the rights and interests of others, the different approaches of democracies are used to given people chances to express their preferences of their interests. Common solutions for the majority are reached for execution. Before people can consciously respect others’ rights and the production of a various kind of wealth much enough for people’s needs, the democracy is mainly used as means for a purpose to develop economy and safeguard the justice of a society. Whether the means can work basically for the society or will be necessary to change entirely, it will mainly depends on the purposes whether the economy can be developed and the basic justice of society can be realized (this can be used as reference only because different standards have different conclusions). If these purposes can be basically reached, the means cannot be totally changed, is not required to do so, especially not in large and sudden changes. Or, the society will have the disasters and the people will be suffered.
And the rule of law is established to prevent people from harms each other consciously or unconsciously due to unclear responsibilities and prevent individuals or minority from the violation of the rights and the interests of the others or the public in the pursuit of their own rights and happiness.
This principle of other’s right when extended to the international affairs is that each nation has the right to strive for the dignity and well-being for its own. But this effort should not infringe the rights of others as a precondition. And if it is fulfilled, the efforts must be respected. Whether there is a serious violation of others’ rights within a country, such as racial discrimination, genocide, this should be decided by the United Nations using democratic ways: countries concerned discuss it and reach agreement on it. And UN only UN can take measures and solutions on it such as advices, warnings, sanctions, until military intervention. Anyway one country or a few counties should not take any action such as military attack, aggressions, block and sanction to other countries in their own interests or by their own political standard and not using democratic methods in any international affairs. Because this is a way of old colonists, the same old stuff with a new label. This is totally incompatible with the principle of others’ right.
Finally, it is hoped that those people or organizations domestic or abroad who work for the “human rights” can seriously think about the thought of “rights of others” or “responsibilities to others”, so that entire human beings in the world can be lead towards the splendid future.
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