Er... long post warning.
Further, you make the implication that I argue that everything that is authentic is worthy of (legal) protection. I do not. I do believe that authentic evil has a right to exist.
I made that implication because the word "authentic" doesn't make that kind of distinction in the language I know, and being that that distinction is important to the discussion, I don't think "authenticity" is an appropriate word to use in this situation. I know what you mean, but that's what being tacit is. That's what non-constructive language looks like, and it doesn't help us solve interesting problems. I'm only pressing for better, more articulate words.
Take the sentence "I do believe that authentic evil has a right to exist." I would interpret this as "It is a useful (problem-solving) approximation to the truth to assert that evil intent is useful." There are multiple ways in which this is true, but it's easy to dismiss the first statement on the grounds that you can't do anything about it. You can't make a law saying "authentic evil is illegal" because you can't say what authentic evil is, or how it differs from regular evil. The word "evil" is the problem here. It is too tacit to solve specific problems, and thus you can't use it to demonstrate value in making good decisions. Someone who speaks of "evil" will never know if they are doing the right thing, and they can't effectively convince anyone else that they are. That's a problem.
"Human dignity shall be inviolable"
The US Declaration of Independence has a similar statement, though it is not an actual legal document:
"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness."
They both reference a concept of self-evident, inviolable innate human rights. The problem is that they aren't actually self-evident, they are just common to all human cultures. This is because human cultures are all trying to solve similar sets of problems, so we have developed a "standard" set of tools to do so. Kant's terminology is different and his ideas are more fleshed out, but they are still not the best we can do. We assert a need for people to have privacy and freedom of thought and action because it increases the variety of ideas in your culture and allows your society to solve more problems and be more flexible with its tools. There's nothing really innate about that, but it just doesn't carry the same rhetorical impact. It's also less tacit. We treat people well for a reason. It's also why we don't give the same rights to insects, bacteria, or objects -- because it wouldn't help us solve our problems. If it did, we'd want to give them legal protections as well.
As an aside, I don't like the idea of "truth" being thrown about as though it has some absolute meaning. There might be this idea of "truth" that underlies how the universe works. You know "The really real reality" that "exists" independent of any human mind -- but we'll never have access to it, and our language can't do much be be supremely general about such things. Instead, I would think of truth as a token of relative abstraction. For example:
Q: is A the same as B?
A: Yes, they are both letters.
A: No, they are different letters.
What do we mean by "same?" It's better, given that we don't "really really" know what same means here, to assert that both statements are true. That is, they are both approximately true under this loose understanding of sameness. With a more accurate definition, one or the other might not be true anymore. The ability to articulate a definition of sameness that allows one to differentiate between two different truths is what "knowledge" is all about. For example, if I right "1+2=4" down, and you can tell me what it is, specifically, that makes that statement false, then I know you understand the concepts of numbers, addition, and equality of expressions.
So it is not the fantasy of an electron that makes it meaningful, per se, but the ability for real people to act that makes the electron meaningful. Or rather, it lets physicists say "electrons are physical things." That is true in our best approximation.
Edited by RetraRoyale, 02 July 2013 - 01:59 PM.