Here’s an example of a legal right, and a justification for its existence:
Society needs someone appointed to make decisions on everyone’s behalf, because we can’t get anything done if we need to consult the whole population about every decision. Since this person is making decisions for everyone, everyone should have a say in choosing who this person is. Therefore, everyone should have a right to vote.
We start with a societal need, and the rights endowed upon citizens are based on that need.
Here’s another societal need:
Society needs good future citizens. Thus, society needs children, and needs to promote the best upbringing for those children. Children require a mother and father. The best care for children is usually given by their parents, and this care will take many years and require huge investment. Thus the people involved need to feel secure as they invest time, effort and money into creating a family in which children can grow up. Thus, we create a legal framework where any man and woman (the most basic and universal requirement for parents) may enter into a legal contract that encourages them to invest in creating a potential home for children. Thus, any pair of one man and one woman may choose to get married.
Several countries are currently discussing (or are already in the process of) redefining marriage. With that in mind, there’s a new paper by Ryan T. Anderson entitled: Marriage: What It Is, Why It Matters, and the Consequences of Redefining It. Although there are obvious religious considerations to this issue, Anderson isn’t actually discussing those issues in any detail in this paper.
The abstract expands:
Marriage is based on the truth that men and women are complementary, the biological fact that reproduction depends on a man and a woman, and the reality that children need a mother and a father. Redefining marriage does not simply expand the existing understanding of marriage; it rejects these truths. Marriage is society’s least restrictive means of ensuring the well-being of children. By encouraging the norms of marriage—monogamy, sexual exclusivity, and permanence—the state strengthens civil society and reduces its own role. The future of this country depends on the future of marriage. The future of marriage depends on citizens understanding what it is and why it matters and demanding that government policies support, not undermine, true marriage.
Pope Benedict XVI announced today that he will be stepping down from the papacy. As he wrote in his resignation letter:
“After having repeatedly examined my conscience before God, I have come to the certainty that my strengths, due to an advanced age, are no longer suited to an adequate exercise of the Petrine ministry.
“I am well aware that this ministry, due to its essential spiritual nature, must be carried out not only with words and deeds, but no less with prayer and suffering.