RIGHT VS NORM: Maggie Gallagher replies to Mark Barton

Oh, this is interesting.

A right is something claimed by an individual for his or her own benefit. Mark is right: It tends to lead to new social norms in the sense the behavior claimed as a right is seen as something that cannot now be interfered with, or sometimes even criticized, by others in the society. It's this latter trait that sets up the dichotomy between rights and norms, as I am using the word.

Norms, in the sense I am using the word, are the ways in which societies attempt(outside of legal punishments) to channel behavior in certain pro-social directions.

If marriage is about me and my rights, it can't be about getting men and women to act in such a way that children are born and raised by their own mother and fathers.

Marriage is significant primarily because it orders human behavior in certain directions and embues that behavior with certain shared social meanings.

Whereas if marriage is a "right" then it's about me and my entitlements.

And yes, viewing marriage as a right will lead to changes in social norms.

On that we agree.
posted by Eve at 3:57 AM | link

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