It is not my business to deal with this question here, to trace the limits of civilizable humanity, or to examine the rights and duties of civilized men to each other relatively to the rest of the living world; or, in other words, to what extent civilized man should have the relative right of subjecting other living beings, exploiting them in his own interests, nourishing them, or eventually exterminating them for the safety of his own existence.
As regards the animal and vegetable kingdoms, from the amoeba to the orang-utan, the question is simple enough and settled. It is much more difficult to decide for men and for peoples separated from us by great racial differences. I must emphasize the profoundness of this difference. It is evident that the higher cultivated races, or rather blends of races, which live to-day will do better to live in peace than to mutually exterminate each other.
It is necessary to discuss these questions at the risk of hurting the feelings of sentimental persons. But what is the use of being blind to such patent facts? It is not too soon to look closely into the future, and it is only thus that we can arrive at any useful result. The natural rights of man should evolve more and more from a complex of social rights and duties toward a single great group, which we may call civilized humanity, the relative limits of which can only be traced by repeated trials and by practical experience. The instincts of the wild beast are still so deeply rooted, even in civilized men, that they can only be adapted gradually and even painfully to a natural right thus understood and limited. We must honestly admit that such a right only merits very relatively the denomination of natural rights. In fact, social rights are necessarily artificial in man. A few elementary rights and duties only are quite natural, especially in the sexual domain. We are concerned here with adaptations in the form of instincts which serve for the support and development of the family, as well as for the protection of the individual. Among these we may mention the right to life, the duty of labor and the right to labor, the right of the infant to be nourished by its mother and to be cared for and protected by its parents, the duty of parents to nourish their children, the duty of the husband to protect his wife, the right to obtain nourishment from the animal and vegetable kingdoms, the right to satisfy the sexual appetite, etc.
There exists, however, a series of other rights and duties, which are so necessary that they may be termed natural. Such are the right to possess a dwelling place; to defend one's life against attack; to think and believe what one wishes so long as one does not impose one's ideas and faith on others; the duty to respect the life and property of one's neighbor; the duty to give a healthy and sufficient education to youth, both in body and mind, etc.
If we regard the matter without prejudice, certain rights and duties which have been hitherto considered as natural and self-evident, become very doubtful. Such are ecclesiastical and religious rights and duties, patriotic and national duties, the rights and duties of war, the rights of privileged classes, the rights of property, etc. It is clear, from an unprejudiced examination of the development of humanity, that these so-called rights and duties are only the historic legacies of mysticism or of limited human groupings, and in great part artificial. The rights and duties of members of the groups in question consisted in mutually protecting their opinions and their national and religious interests, etc., and in subjecting or even trampling under foot those of other human groups. These lead us quite naturally to the second category of general notions of rights.
Conventional Rights.—To speak correctly, conventional rights are not rights. They are simply a dogmatic sanction applied to all kinds of customs and abuses that men have appropriated, according to local circumstances and their fortuitous conquests or acquisitions. Here, the consequences of the natural rights of the stronger, religious mysticisms and all sorts of human passions, the sexual appetite especially, play a very varied and complex role.
The absurdity and injustice of conventional rights is shown by the difference, often even the absolute contrast, of the corresponding conception of rights among different peoples. In one, polygamy is a right and even a divine institution; in another, it is a crime. Individual murder is generally considered as criminal, but in warfare the slaughter of masses becomes a duty and even a virtue. Theft and rapine are regarded in times of peace as crimes, but in time of war, under the form of annexation and plunder they are the uncontested rights of the victor. In a kingdom, the monarch is looked upon as a holy person and offense to his majesty as a crime; in a democracy, it is individual domination which is regarded as criminal.
Falsehood and mental restriction are, in certain cases at least, the rights or even the duty of the Catholic, who is only forbidden to swear falsely in the name of God and religion, while others consider all falsehood more or less unjustifiable; others again regard every oath as sinful.
The contradictions, inconsistencies, unnatural prescripts and tyrannies of what is called conventional rights in different peoples are innumerable, and the notions of our rights which we have inherited from the Romans are not much better.
Retaliation.—In historical epochs, we see the rights of the stronger succeeded by certain notions of rights which may still be considered as primordial; such is the law of retaliation or lynch law, based on the natural sentiment of vengeance, which is itself derived from anger, jealousy and pride, and says "An eye for an eye and a tooth for a tooth." The law of retaliation is very natural and very human. Although of savage origin, it has at least the merit of recognizing in men an equal right in retaliation for injury caused in a brutal fashion, without considering inner motives.