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Hypatia
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diana t meyers
Recent liberal moral and political philosophy has placed great em-
phasis on the good of self-respect. But it is not always evident what is
involved in self-respect, nor is it evident how societies can promote it.
Assuming that self-respect is highly desirable, I begin by considering
how people can live in a self-respecting fashion, and I argue that
autonomous envisaging and fulfillment of one's own life plans is
necessary for self-respect. I next turn to the question of how societal
implementation of rights may affect self-respect, and I urge that
discretionary rights, which allow people to decline the benefits they
confer, support self-respect more effectively than mandatory rights,
which forbid people to refuse the benefits they confer. I conclude by
examining the import of these contentions for feminist theory. I
believe that my arguments are of particular concern to women because
women have traditionally been victimized by a mandatory right to
play a distinctively "feminine" role which has undermined their self-
respect.
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foundation of her self-respect, and Sachs could not explain why peo-
ple should resent others' dismissiveness without appealing to the life
plans such treatment obstructs. For the purposes of this essay, I shall
set aside the discrepancies between these two accounts of self-respect
and examine the import of this common feature. Specifically, I shall
urge, a person could have a worthwhile life plan, pursue it assiduous-
ly, and yet fail to exhibit self-respect. In other words, if a person's life
plan cannot be described as her own life plan, her fulfilling it does not
evidence respect for her self.
Suppose that a parent discerns exceptional intellectual gifts in her
very young child, relentlessly cultivates this potential, and firmly
guides the child into a suitable occupation. Suppose further that the
child eventually makes a brilliant career. Still, as an adult, she faces a
troubling situation, for she is carrying out an imposed plan of life.
However valuable she may believe her contribution to be and however
greatly others may admire it, she still may suffer from self-contempt.
If she regards her life plan as an alien, albeit illustrious, exercise-if
she does not see in it an expression of her deepest convictions, affec-
tions, and the like-she may despise herself for hewing to this course.
Indeed, it is altogether possible that she persists in this direction
precisely because she does not respect herself enough to believe that
she should control her own life.
Self-respect requires self-knowledge and self-direction.2 It presup-
poses that the individual has chosen a life plan which is congruent with
her self. There are two spheres in which this congruency may hold or
fail to hold: the moral and the personal.
Following Kant, Rawls identifies moral autonomy with the idea of
free and equal rational beings adopting principles for themselves
(Rawls 1971, 252-255). Thus, the principles selected in Rawls's
original position are expressions of the freedom, equality, and ra-
tionality that all selves share. For Kant, any other rules or objectives a
person might choose are heteronomous. Rawls is sufficiently influenc-
ed by Kant's captivation with pure reason to reserve the term
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based claims are her weapons against injustice and may be viewed as
affirmations of her own worth.
Still, some writers (Rawls among them, 1971, 544) have contended
that possession of recognized rights that are not in any way threatened
promotes self-respect. Yet, the mere fact that others respect a person's
basic rights and in so doing acknowledge her humanity cannot provide
her with a reason to respect herself. Strangers who know almost
nothing about us can only be expected to respect our humanity, but
self-respect involves more intimate scrutiny and appraisal of our
distinctive attributes. We do not respect ourselves for being persons
but rather for our selves.3 The problem of how rights can enhance self-
respect, then, is the problem of how a political instrument granted to
classes of individuals without regard for their idiosyncracies can pro-
mote the incomparably personal good of self-respect.
2. Prerogatives
Though it is plausible to think that recognized and respected rights
promote self-respect, it is not obvious how they do this. The preceding
discussion of self-respect suggests an explanation of this relation:
rights promote self-respect by creating a social environment conducive
to the autonomous creation and pursuit of life plans. Assuming that
this is a major contribution established rights make to self-respect, I
now want to argue that some rights, the discretionary ones, are better
suited to sustain self-respect than others which are mandatory.4
A mandatory right is a right which confers its object on the right-
holder willy-nilly. It consists of a duty on the part of the right-holder
to do x or to have y correlated with a duty other individuals or the
state have to allow the right-holder and, if necessary, to compel her to
3. It is worth noting, however, that David Sachs's treatment of this issue seems to
leave no room for a personal account of self-respect. He reduces self-respect to an
elemental respect for the fact of selfhood (Sachs 1981, 350). I believe he is able to main-
tain such a limited view of the matter because he focuses exclusively on how a self-
respecting person behaves when challenged and ignores the question of how a self-
respecting person conducts her life the rest of the time. It is only when this latter ques-
tion is posed that the importance of distinctively personal life plans comes to the fore.
In addition, it should be mentioned that Thomas E. Hill, Jr. bases his account of the
relation between self-respect and rights on the idea that each of us has rights befitting
our personhood and that in respecting our own rights we respect ourselves (Hill 1979,
142). Still, Hill's argument does not entail that respecting one's own rights is sufficient
for self-respect. Consequently, his position is not in conflict with mine.
4. The distinction between discretionary rights and mandatory rights is drawn by
Joel Feinberg (Feinberg 1978, 104). In an earlier article, Martin Golding draws
a similar distinction using different terminology (Golding 1968, 546).
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exercise the right and, in addition, to provide anything she may need
to exercise the right. In the United States persons between the ages of
five and sixteen have a mandatory right to education. Similarly, the
People's Republic of China has in the past granted a mandatory right
to work on rural communes to university students. Since a mandatory
right imposes a presumptive benefit on the right-holder which this in-
dividual is not entitled to decline, mandatory rights and their objects
are both inalienable.
The fact that mandatory rights confer only one option might be ad-
duced to argue against classifying them as rights; however, two
features of mandatory rights suggest that this restriction on usage
would be artificially narrow. First, the mandatory right-holder is th
prime beneficiary of her own duty; duties thought to be purely
altruistic do not generate mandatory rights. Thus, a mandatory right-
holder may have occasion to assert her right, for she may encounter
opposition in exercising it. Second, mandatory rights can be con-
structed so as to allow considerable latitude in their exercise-for ex-
ample, in the United States the right to education can be exercised at a
public or a private institution-in which case they do not completely
determine what a person must do. The only option a mandatory righ
cannot compass is that of refusing to do the action it specifies or have
the benefit it secures. Though mandatory rights are not paradigmati
rights, they have enough in common with model rights to warrant the
appellation.
A discretionary right provides the right-holder with options with
respect to the object of the right: she may choose to do x or to have y
or not, and others are obligated to honor her decision. In other words,
a discretionary right secures a measure of freedom for the right-
holder. Whether she presses claims predicated on the right or doe
nothing, she is acting within the bounds of the freedom allotted by the
right. Examples of discretionary rights include the right to vote in the
United States, the right to medical care in England, and the right to a
religiously sanctified marriage in Israel. Like mandatory rights
discretionary rights confer an inescapable benefit, but it takes th
form of freedom with respect to the object of the right. This is to say
that the object of a discretionary right is alienable though the righ
itself may not be. The areas of freedom delineated by discretionary
rights preempt complaints against the state alleging that citizens ar
unjustly deprived of the object of the right, but these rights do no
force any right-holder to accept the benefit made available by th
right.5 Though a discretionary right-holder may have a duty with
5. It should be noted that some rights do not fall neatly into the discretionary or
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diana t meyers
respect to the object of her right, this duty must arise independently of
the right. For discretionary rights confer only prerogatives.
It is because they do not secure equally extensive prerogatives that
mandatory rights can be inimical to self-respect. A hypothetical socie-
ty, dividing its members into a hereditary slave class and a hereditary
master class, might grant to each member of the master class a man-
datory right to own at least one slave. In this society, there might be
masters whose qualms about slavery are compromised by the slaves
they are obliged to own. Though they could contrive to treat their
slaves as much like compeers as possible, the mere possession of the
right to a slave would remain morally repugnant to them and force
them to participate in a social system they shun. Since this mandatory
right would conflict with their moral convictions and could not finally
be eluded, it would subvert their life plans and along with them their
self-respect.
At best, a mandatory right will prove neutral in regard to self-
respect. Concurrence with the dictates of a mandatory right allows the
right-holder to comply in good conscience, but her conduct does not
enhance her self-respect. Though such conduct may be unobjec-
tionable, no one may pride herself on obeying the law or following
strict convention since she cannot convincingly claim (except when a
law or a social norm is known to be unenforceable or unenforced) that
her obedience is not prompted by fear of punishment or habitual
social conformity. Where there is no apparent tension between a per-
son's life plan and her exercise of a mandatory right, the coercive
character of the right circumvents personal initiative and thus drives a
wedge between the person's conduct and her self.6 Such rights under-
cut the requirement that conduct be part of the agent's own life plan if
it is to evidence self-respect.
the mandatory category. For example, the right to a fair trial is mandatory inasmuch
as the law requires that trials be conducted in accordance with procedures designed to
ensure fairness but is discretionary to the extent that actual trials may be mishandled
and appeals are not compulsory. Rights of this sort span the two categories because
they are complex and their constituent elements require different classifications.
6. At this point, it is necessary to note that social and legal strictures do not have
the same effects on everyone. A requirement addressed to all of the members of a
specified class but which few of these individuals felt compelled to fulfill would not
count as coercive. But a requirement can be coercive although some members of the
target class feel free to defy it. Individuals who are endowed with exceptional voli-
tional fortitude may be able to transcend the pressures exerted upon them and thus to
live autonomously. However, since such people are by definition atypical, their ex-
perience could only be used to develop an elitist account of autonomy, rights, and self-
respect.
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7. John Rawls stresses the need for this type of support for self-respect in a liberal
society (Rawls 1971, 440-442).
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avoid harm to her own self-respect by confining her conduct to the set
of options she condones. However, the position of persons who con-
sider a discretionary right too narrow is worrisome; for they may be
obliged to reluctantly comply with or secretly defy the strictures im-
posed by the right. Neither of these alternatives is satisfactory from
the standpoint of self-respect.
There is no a priori way to absolve all discretionary rights of
charges that they restrict freedom in a manner incompatible with the
self-respect of some persons.8 A discretionary right can be formulated
so restrictively that it is equivalent to a single-option mandatory right
with an abstinence clause attached. Victorian England taught Oscar
Wilde that sexual preference was a discretionary right of this stultify-
ing sort. But it can be said in defense of discretionary rights that the
options they comprise tend to expand rather than contract. Because
people find it less disturbing to agree that more options should be
countenanced than that a duty should be demoted to the status of an
option, it is easier to argue successfully that a discretionary right
should be amended to permit additional options than it is to argue
that a mandatory right should be converted into a discretionary one.
That discretionary rights may fail to sustain the self-respect of some
individuals must be conceded. Nevertheless, that they are superior to
mandatory rights in their actual and potential support for self-respect
is indisputable.
In principle, discretionary rights represent an indefinitely large and
varied set of opportunities for people to determine their own courses
of action and to judge the adequacy of these plans as projections of
their abilities and aspirations. It must be remembered, however, that
these rights represent a correlative set of opportunities to belie
autonomous commitments and to dismiss this self-betrayal as trivial.
Discretionary rights do not discriminate between genuine and
fraudulent self-representations. Moreover, they do not exact ad-
mirable conduct, and they do not inhibit ignoble conduct. These
choices are all left to the right-holder who is permitted but not com-
pelled to avow herself. Thus, the role of discretionary rights vis-a-vis
self-respect is essentially a negative one, namely, that of circumscrib-
ing domains throughout which autonomy will not be thwarted.
Self-respect is not a good that societies can simply bestow upon
8. Indeed, it may not be possible for a society to tolerate the self-respect of all its
members. If evil people must commit atrocities to respect themselves, societies will be
obliged to repress the very conduct that would secure these individuals' self-respect.
The practical aspect of this problem is, of course, distinguishing between gratuitous
suppression of unconventionality and necessary suppression of harmful perversity.
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their members. For people can neither be forced to freely devise their
own life plans nor to adopt sensible expectations about their success in
fulfilling these plans. Societies can protect autonomy, but they cannot
ensure that anyone will use it well. What a society can do is to establish
a context in which individuals are granted as many opportunities as
possible for expressing themselves without fear of incurring penalties.
The prerogatives secured by discretionary rights are uniquely suited to
reduce needless self-censorship and thereby to promote self-respect.
3. Political Implications
Once it has been conceded that the good of self-respect stands at a
remove from political measures, the appropriateness of counting self-
respect as a political issue can be called into question. Discretionary
rights foster self-respect but only by not quashing autonomy. Further-
more, discretionary rights differ in their support for self-respect in
practice, and some mandatory rights would rarely, if ever, undermine
anyone's self-respect. Some rights entitle persons to goods that hardly
anyone needs to disown as a matter of conscience or settled propensity.
If these rights are mandatory, few persons will suffer from their
overzealous beneficence, and many persons may be restrained from
rashly foregoing goods which they would eventually regret losing.
Moreover, some discretionary rights, like the right to vote and the
right to speak without censorship, explicitly entitle persons to express a
wide range of their intellectual and affective commitments, whereas
others, like the right to a minimally adequate income and the right to
medical care, implicitly entitle persons to express themselves regarding
only a narrow matter, namely, how extensive their entitlement ought
to be and whether they will avail themselves of it. Since the impact of
diverse rights on self-respect varies so much, it might be asked why we
should attend to the general relation I have delineated.
One thrust of my argument is cautionary. It establishes a presump-
tion in favor of discretionary rights and thus specifies one sort of ob-
jection that must be overcome before implementation of a mandatory
right can be justified. Since discretionary rights promote self-respect,
advocates of mandatory rights must show that their proposed rights
advance some good superior to self-respect or that they will only
obstruct inadmissible self-representations. The onus of justification,
then, lies with the paternalistically inclined.
More importantly, my analysis enables us to understand how people
can be victims of mandatory rights: when individuals are legally or
customarily saddled with goods that their convictions or feelings
abhor, they are condemned to a life of social ostracism or to one of
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