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0 of 3 Premium Clicks used this month SUBSCRIBE Print + Online Subscriber Activation | Register x Forgot Password | Need an Account? subscribe | newsletter | deals Classifieds Jobs Autos Real Estate FEATURED » NEWS NOW Herb Rothschild Jr.: Respecting limits ... A Q & A with Schneider interim director Scott Malbaurn ... Four & Twenty Blackbirds Bakery takes flight to new roost ... Herb Rothschild Jr.: Respecting limits ... A Q & A with Schneider interim director Scott Malbaurn ... Four & Twenty Blackbirds Bakery takes flight to new roost ... RELOCATIONS Herb Rothschild Jr.: 'Right to rest' misguided Comment DailyTidings.com Writer Posted Apr. 25, 2015 at 12:01 AM Posted Apr. 25, 2015 at 12:01 AM » Social News My last two columns were inquiries into what happens when we address social issues from two alternative perspectives, that of the individual and that of the collective. Using two issues — right to work vs. union shop and childhood immunization — I discussed how differently the analysis plays out if we privilege individuals’ freedom to act on their own perceived self-interests or emphasize their obligations to enhance the collective good. In this column I’ll expand the inquiry by discussing, not individuals’ obligations to enhance the collective good, but the collective’s obligation to enhance the good of its individual members. Again, we’ll see the difference between starting from the perspective of the individual or of the collective. The first leads us to speak of rights, the second of care. That distinction is highlighted by a bill under consideration in Salem: SB 629, the Oregon Right to Rest Act. Among other provisions, it seeks to prohibit localities from criminalizing sleeping in public places such as parks, plazas and sidewalks. The bill is the work of the Western Regional Advocacy Project. WRAP explains on its website that “Ending homelessness in all of the states in the nation should be a top priority of policy makers and, until this is achieved, the criminalization of people simply because they have no home must be immediately halted.” So WRAP recognizes that the crux of the problem is a failure of collective care, and that endowing the homeless population with a “right to rest” is a way to ameliorate the impact of that failure. But asserting a right that doesn’t exist in our Constitution strikes me as a desperate and misguided remedy. Let us understand what a right is. It’s something I’m entitled to do or receive no matter what my society may think of me or my actions. Americans have the right of free speech even if we say things (e.g. hate speech) that undermine the collective good. Americans have the right not to testify against ourselves in court even if our testimony would establish the truth of the case. The Founding Fathers had excellent reasons for establishing these rights, both out of concern for the public good and out of respect for the individual. For example, the Fifth Amendment right not to incriminate oneself was meant as a bulwark against torture regardless of whether torture would produce truthful testimony. Endowing people with a right to sleep on the Ashland Plaza neither respects their human dignity nor enhances the public good. That our City Council has failed to provide a proper place for Ashland’s homeless to sleep is a subset of our larger societal failure to address the needs of people in dire poverty and/or afflicted with mental illness. But the most likely consequence of endowing them with a right to be a public nuisance is to erode our sympathy and excuse us from our obligation to care for even the least of our brothers and sisters. So approaching a societal problem from the perspective of individual rights usually weakens our sense of human solidarity. Doesn’t that strike you as explaining a good deal of what is commendable and what is disgraceful about this society? Yet I don’t believe the tension between rights and care need be as great as it is for us. There are two societal problems, however, where I think the tension is simply unresolvable. One is treatment of animals; the other is abortion. Next week I’ll elaborate on the second. Herb Rothschild Jr. is chairman of the board of Peace House. DailyTidings.com Writer Posted Apr. 25, 2015 at 12:01 AM » Comment or view comments Reader Reaction » STAY INFORMED Email NewsLetter Sign Up Today Sign up for our newsletter and have the top headlines from your community delivered right to your inbox. Southern Oregon Directory Featured Businesses Loading... 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