Michael Anton (Publius Decius Mus), in a review of Thomas G. West, The Political Theory of the American Founding speaks of an "error,"
. . . from a certain quarter of the contemporary Right, which holds that any appeal to equal natural rights amounts to “propositionism”—as in, the “proposition that all men are created equal”—which in turn inevitably leads to the twin evils of statist leveling and the explicit or tacit denial that there is anything distinct[ive] about the American nation. In this telling, “all men are created equal” is dangerous nonsense that means “all men are exactly the same.” Among other dismal policies we are allegedly compelled to enact if we recognize the existence of equal natural rights are redistribution, racial quotas, and open borders.
Refuting this is easy, and well-trodden, ground.
[. . .]
West does so, in perhaps the clearest articulation of natural human equality penned since the founding itself. The idea is elegantly simple: all men are by nature equally free and independent. Nature has not—as she has, for example, in the case of certain social insects— delineated some members of the human species as natural rulers and others as natural workers or slaves. (If you doubt this, ask yourself why—unlike in the case of, say, bees—workers and rulers are not clearly delineated in ways that both groups acknowledge and accept. Why is it that no man—even of the meanest capacities—ever consents to slavery, which can be maintained only with frequent recourse to the lash?) No man may therefore justly rule any other without that other’s consent. And no man may injure any other or infringe on his rights, except in the just defense of his own rights. The existence of equal natural rights requires an equally natural and obligatory duty of all men to respect the identical rights of others.
I find this articulation of human equality far from clear. What bothers me is the sudden inferential move in the passage quoted from the factual to the normative. I agree arguendo that it is a fact about human beings that
1) No man ever consents to slavery
but I don't see how we can validly infer from (1) the normative claim that
2) No man may justly rule any other without that other's consent.
I maintain that slavery is a grave moral evil and a violation of a basic human right, one possessed by all humans and possessed by all equally. My point, however, is that the moral impermissibility of slavery does not immediately follow from the fact, if it is a fact, that no human ever consents to be enslaved. If I don't consent to your enslaving me, how does that make it morally wrong for you to enslave me?
The problem is that the notion of a natural right is less than perspicuous. Part of what it means to say that a right is natural is that it is not conventional. We don't have rights to life, liberty, and property because some body of men has decided to grant them to us. We have them inherently or intrinsically. We don't get them from the State; we have them whether or not any state exists to secure them as a good state must, or to deprive us of them as a bad state will.
Rights are logically antecedent to contingent social and political arrangements, and thus logically antecedent to the positive law (the law enacted by a legislature). One can express this by saying that rights are not conventional but natural. But then 'natural' just means 'not conventional.'
Suppose our rights as individual persons come not from nature but from God. Then their non-conventionality would be secured. Now it would be good if we could proceed in political philosophy without bringing God into it. But then we face the problem of explaining how norms could be ingredient in nature.
Perhaps someone can explain to me how my right not to be enslaved could be grounded in my being an animal in the material world. How could any of my rights as an individual person be grounded in my being an animal in nature? I am open for instruction.
One could just insist that rights and norms are grounded in nature herself. But that would be metaphysical bluster and not an explanation.
To put it another way, I would like someone to explain how 'natural right' is not a contradictio in adiecto, provided, of course, that by a natural right we mean more than a non-conventional right, but a right that is non-conventional and somehow ingredient in or grounded in nature.
And let's never forget the obvious: as natural beings, as part of the fauna of the space-time system, we are manifestly not equal either as individuals or as groups.
So I say that if you want to uphold intrinsic and unalienable rights, rights that do not have their origin in human decisions and conventions, and if you want to uphold rights for all humans regardless of their empirical strengths and weaknesses, and the same rights for all, then you must move beyond nature to nature's God who is the source of the personhood of each one of us human animals, and the ground of equality of persons. No God, no equality of persons and no equality of rights.
It seems clear that something like this is what the second paragraph of the Declaration means with its talk of men being CREATED equal and being ENDOWED by their CREATOR with certain unalienable rights. The rights come from above (God) and not from below (nature).
This is why it is either stupid or highly uncharitable when neo-reactionary conservatives read the plain words of the Declaration as meaning that all humans are empirically equal as animals in nature. It can't mean that for the simple reason that no one in his right mind, and certainly not the great men of the Founding, could believe that all humans are empirically equal either actually or potentially.
Suppose there is no God. Then talk of equal rights is empty. We may continue to talk in those vacuous terms, somehow hiding the vacuity from ourselves, but then we would be 'running on fumes.' People may continue to believe in equal rights, but their belief would be groundless.
The trouble with the view I am recommending is that it requires a lot of heavy-duty metaphysics of God and Man. This metaphysics is widely contested and certainly not obvious. But the same goes for the naturalism that denies God and puts man back among the animals. It too is widely and very reasonably contested and certainly not obvious.
Welcome to the doxastic-epistemic side of the human predicament.
Now I would like you to surf on over to Malcolm Pollack's place and read this and the posts immediately subsequent to it, i. e., scroll up.
P. S. I didn't get around to propositionism/propositionalism. This discussion of Paul Gottfried will have to do for now.