ABSTRACT

This chapter shows not only that Spinoza has very little room for individual natural rights, but also that it is impossible to construct a theory of natural rights on the basis of his philosophy. Natural rights are supposed to be of a higher order than positive laws, and so can overrule them or be a reason for ignoring them – a state that violates natural rights provides its citizens with a legitimate motive for disobedience and eventually revolt. The only possible way to justify natural rights on a consequentialist basis would be to see individual rights as rules of conduct, which are useful only on the understanding that they are kept universally. The modern notion of natural or subjective rights, on the other hand, was based on that of the moral dignity of man, which in turn was founded in man's being endowed with reason – a notion which Spinoza cannot accommodate.