The Philosophy of Social Libertarianism: Legitimization of State and Government Based on Natural Law and Human Dignity
The foundation of human rights lies in the natural state and the inherent dignity that inhabits every single person; the status quo possesses no intrinsic justification. This dignity is inalienable. One cannot lose or acquire it; every (human)
being possesses a part of it merely by existing. To respect human dignity means encountering the human being according to their own will, respecting them as an individual, and not abusing them merely as a means to an end. Not usually, but ideally,
precisely when it is convenient, but always. The inviolability is an integral component of this primary freedom right from which all other rights derive. There can be no conceivable circumstance that could justify the violation of human dignity;
Human dignity is inviolable. This sentence does not merely introduce the German Basic Law (Grundgesetz); this sentence expresses a recognition of historical significance. A realization demanded by the bloodiest war in human history and by genocide.
This sentence expresses the understanding that humans, as self-aware beings capable of hope, creativity, and love, inherently possess dignity—that these dignities and the rights derived from them are not granted but are inherent.
Immediately resulting from human dignity are the rights to freedom of religion, opinion, and conscience, because these cannot be denied to a person without simultaneously stripping them of an essential part of their own personality. Sovereignty
over one's own body also derives from human dignity; for it is one's own body that the human being communicates through and acts with, not another's; and it is the human being himself who alone can make the body move and act, not anyone else.
However, this sovereignty over one's own body simultaneously implies the rights to life and physical integrity; because an attack on the body is also a violation of the sovereignty of the person whose body has been injured.
By nature, man is a free individual. In a pre-civilized natural state, man is capable of wandering through the lands and living and sleeping wherever he pleases and pursuing those activities that please him. There are no borders where he would have
to prove himself, no conventions that prevent him from attaining happiness. Man is in a position to utilize the Earth's natural resources for the purpose of sustenance, protection, or enriching his own life. The products of nature provide for every
individual, granting food and shelter without demanding any compensation. Thus, in this natural state, rights to freedom of action and freedom of movement, and the use and inhabitation of nature and its products, exist. Property arises when man
utilizes the fruits of nature for himself—for instance, by gathering them to fulfill a purpose or because he finds pleasure in them. Similarly, things that have been modified or newly created by the power of thought and fate become the possession
of their creator. Thus, property arises when one adds labor power to the existing products of nature. Furthermore, possession can be received as a gift or acquired through trade with other people. Additionally, service can be rendered instead of a
commodity in exchange for acquiring possession. While this process can make some products of nature the personal property of an individual; nature itself is neither created nor modified * by man (nature in the philosophical sense).
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