The rights to life, liberty and property were not meant to be subject to the vagaries of majority rule.
A crucial difference between lite libertarians and the right kind is that to the former, the idea of liberty is propositional - a deracinated principle, unmoored from the realities of history, hierarchy, biology, tradition, culture, values. Conversely, the paleolibertarian grasps that ordered liberty has a civilizational dimension, stripped of which the libertarian non-aggression axiom, by which we all must live, cannot endure.
Rights give rise to legal claims. Ultimately, the more rights animals are granted, the greater the legal lien exercised on their behalf against the liberty and property of people.
One’s life, liberty and the products of one’s labor were not intended to be up for grabs by grubby, greedy majorities. Contra classical natural law theory, legal positivism equates justice with the law of the state. However, from the fact that most Americans want others to fund or subsidize their health care, it does not follow that they have such a right. A need is not a right.
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