Saturday, January 26, 2013

Conditions for having the Moral Right to Speak for Others

When does one have the moral right to speak for others? The substantiation and validation of this right may require the fulfillment of a number of conditions. Each condition, when fulfilled, may contribute toward the substantiation of this right, but it is only a conditional right (it is only conditionally capable of being substantiated and validated).
      The conditions for having the moral right to speak for others are each in their own way "necessary conditions," insofar as if it is possible for each of them to be fulfilled, they must be fulfilled. The question of what are the "sufficient conditions" that may, alone and of themselves, validate the moral right to speak for others is open to debate.
      It may be helpful to compose a tentative list of all the conditions that must be satisfied in order for the moral right to speak for others to be fully substantiated and validated. Thus, the moral right to speak for others may be said to exist only
  • when those for whom one is speaking have voluntarily given their consent. In other words, one has the moral right to speak for others only if they have willingly given their informed consent, permission, or approval. If they are not in a position to give their voluntary and informed consent, then one's moral right to speak for them must be established on some other grounds, such as one's being their closest family relative, or one's being their legal representative, guardian, or trustee, or one's having been chosen to speak by their family members, guardians, or legal representatives, or one's being in a position of recognized and legitimate authority to speak for them. 
      It should be noted that those for whom one is speaking may either implicitly or explicitly agree that one may speak in their behalf. If their agreement or consent is only implicit, then one must assume the burden of proof if it becomes necessary to demonstrate that they have given their voluntary consent and that one has not unjustifiably taken upon oneself the task of speaking for them.

      The moral right to speak for others may also be said to exist only
  • when those for whom one is speaking cannot speak for themselves
  • when one can speak in such a way that the dignity, well-being, and self-fulfillment of those for whom one is speaking are enhanced, and are not diminished in any way
  • when one has sufficient knowledge of, and familiarity with, the interests of those for whom one is speaking, and this knowledge and familiarity has been accepted and recognized by those for whom one is speaking
  • when one is able to reliably and knowledgeably articulate the interests and concerns of those for whom one is speaking 
  • when one is able to represent those for whom one is speaking in such a way that their interests, concerns, and well-being are served by one's being able to speak for them
  • when one is in a better position, or is more qualified, than some other person to represent the interests of those for whom one is speaking
  • when one is not adopting or speaking from a position of supposed superiority in relation to those for whom one is speaking
  • when those for whom one is speaking are not diminished in their right and capacity to speak for themselves, whenever they choose to exercise this right 
  • when those for whom one is speaking are aware of, are informed of, or can anticipate whatever one intends to say in their behalf, or when they have (implicitly or explicitly) given their consent to whatever one intends to say in their behalf
  • when one's speaking for others does not jeopardize their safety, interests, and well-being
  • when those for whom one is speaking are aware of, are informed of, and can anticipate, the possible risks or disadvantages of one's speaking for them
  • when one's speaking for others is not a means of selfishly serving one's own interests
  • when one does not have a potential conflict of interest that would call into question one's motivation for speaking for others, e.g. an interest in their not being able to speak for themselves or in their not being able to advance their own interests and well-being
  • when one's speaking for others is not, in effect, benefiting one's own interests more than the interests of those for whom one is speaking
  • when one is open and honest toward those for whom one is speaking, so that they are able to understand one's true motives for volunteering or consenting to speak for them
  • when speaking for others does not violate their privacy or confidentiality, and
  • when one is ready and willing to relinquish the right to speak for others as soon as they are able to speak for themselves.
      Given the number of conditions that must be satisfied in order to validate the moral right to speak for others, one must be very careful about assuming this responsibility. The moral right to speak for others is a very limited one (in scope and duration), given the number of conditions that must be satisfied in order to validate it.
      If one is speaking for a community of which one is a member, then one has the moral right to say that one speaks for oneself as a member of that community, but one does not have the moral right to say that one speaks for every member of that community, unless one has obtained the voluntary consent or approval of every member. 
      If one is speaking for a community of which one is not a member, then one's moral right to speak for that community may depend on a variety of factors, such as whether the members of that community are able to speak for themselves, whether one has been chosen by the members of that community to speak for them, whether one is in a position of recognized authority to speak for the members of that community, whether one has special expertise regarding (or familiarity with) the interests and concerns of that community, and other factors or conditions as described above. 
      The mere fact that one shares the interests and concerns of a community of which one is not a member does not give one the moral authority to speak for that community. One may have the moral authority to speak for a community of which one is or is not a member if one has been recognized by that community as a spokesperson or if one has been elected by that community to speak for (advocate for, or represent) their interests and concerns. However, the community for which one has been given the moral authority to speak still has the right to withdraw their consent for, or approval of, one's continuing to act as their representative or spokesperson.
      If one has chosen or elected oneself to be a spokesperson for a particular community, then the legitimacy of one's speaking for that community depends, in part, on whether one's speaking for its members actually promotes their interests and well-being, as judged by them. One may gain the moral authority to speak for the members of a community if one's speaking for them actually promotes their well-being and is approved by them. However, if one's speaking for them does not promote, or is detrimental to, their interests and well-being, and one is not accepted by them as a spokesperson, then one has no moral right to say that one is speaking for them.
      

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