I can accept the self ownership basis for rights. But such basis only exists within humanity. That there are rights at all, is due to social development. What good is a right, if it cannot be exercised.
That there are rights at all is due to self-ownership; that they are meaningful between people is due to social development.
I think we're getting somewhere here . . . . To play John Stuart Mill, rights exist by themselves, yet their utility comes not from the individual, but from community. The two extreme conditions are the test: in a society without community, where no one has respect for anyone else, rights are useless (have no utility), and in a society of just one, they are also useless, because meaningless.
I don't mean that in the sense of being permitted rights, but in the sense that without community, no right can be understood to be anything other than an absolute natural freedom. If you are the only person on the moon for example, you don't need any rights, its pure freedom.
Interesting: a man alone has no need of rights, because he has absolute freedom; only the man in society needs his rights, because others might act as though they have absolute freedom -- and it is community that gives the rights utility.
That's sounding similar to James, with community thriving because of individual impetus or drive, but individual impetus being possible only because of community.
Absolute freedom is an interesting concept: if I have it, I can actually do things I really have no "right" to, because there's no one whose self-ownership I might possibly violate. On a desert island I could fuck the wet sand, burn down a tree, stomp on animals, crucify birds, because without others as a reference point, there is no morality on a level of rights -- there may well be a morality that tells me not to do these things because I am abusing nature, but unless my actions result in my own severe harm or death, I'm not limited.
Rights exist not simply because they represent the ultimate freedom for individuals, but because they define the parameters of the community.
My first impulse was to correct the first phrase, but I'm not quite sure what you're driving at there. Rights existence arises from self-ownership; does your "because" mean to indicate that there is a purpose for rights? That would seem to fall back on an argument from design, after the fashion of Aristotle's "final cause", i.e. the goal or purpose of something.
Nor am I clear on how you mean they "define the parameters of the community". I see individual rights as defining parameters by establishing foundation morality, by the old adage that my right to swing my fist ends just before your nose begins, and by the implied contract that if I want my rights honored, I'm obligated to honor the rights of all others. But I suspect that isn't what you're driving at here.
If you stick another person on the moon, the first guy will no longer (rightfully) have pure freedom, since he now has to accomodate the freedoms of the other. Historically, such situations where two seperate entities come together, have always panned out in pretty much the same way, a holding onto absolute freedom, at the expense of the other (or bloodshed put simply), failing to accomodate. Rights are simply just the understanding at a community level of how far our individual (inherent) rights should extend.
Let's go with the small desert island -- we could get away with a million people on the moon before their freedom started to be limited.
I'm going to introduce a colonial-period usage of a term to help out here, to try to keep a distinction clear: rights are what we have inherently, and can't actually be limited for the reason that they're inherent;
liberties are what we have in relation to society. For example, properly speaking a repeat rapist has the right to carry a gun around, but as a society we have said that he is not at liberty, i.e. does not have the liberty, to do so.
So your statement above comes out like this:
Liberties are simply just the understanding at a community level of how far our individual (inherent) rights should extend.
And your awkward wording makes me think of Thomas Jefferson, in deference to whose thought I will make another amendment:
Liberties are simply the just understanding at a community level of how far our individual (inherent) rights should extend.
I recall a professor once saying that the Founding Fathers, based on English usage, meant different things by "freedoms", "rights", and "liberties", but I never paid it serious attention before. I'm not certain I'm using the terms as they did, but thanks to your words above we now have:
freedoms -- ability to act on any choice or impulse without hindrance
rights -- spheres in which individuals may act, due to their self-ownership
liberties -- the exercise of rights as limited by just agreement of society
Feel free to suggest different wording, to make these more clear.
If you look at marriage, which you mentioned in the OP Kuli, you say that marriage is a right, because it is the exercise of self ownership by two individuals. But, there need be no marriage at all, for the expression of what that marriage represents, to exist. Marriage doesn't need to be recognised at a level stemming from self ownership, but at a level stemming from community acceptance, since any marriage is not simply a declaration between two persons, but a declaration to the community.
You're addressing the interaction of interpersonal contract with community. Maybe there's a gem in here....
In terms of rights, marriage is merely a contract made between two people to 'entangle' their self-ownership in a very personal fashion. Community enters in -- let's go back to the desert island, where our two stranded mariners have decided to get married; when it's just them, all it means is that they have given a certain definition to their life together that they didn't have before (note: this means they have formed a specific type of community... a matter I'll leave for later)... but now a boat of ten other people washes up, and they aren't alone. Marriage at that point becomes a contract with society, wherein and whereby the community recognizes and honors the contract the two have made.
So there are two rights involved in marriage: the right of forming one, which rests on freedom of association, and the right to have it recognized. The latter entails getting society to agree that what the two have decided does in fact constitute marriage -- the fight happening in the U.S. right now, where gays have the first right, as it is inherent; what is being denied is the second right, the right to have their decision recognized and honored. In other words, they have the right, but not the liberty.
I just got a whole different perspective on the whole gay marriage issue.....
Its not acceptable for example, for a 40yr old man and his 20yr old daughter to say to government, 'we are married, now accept it'. The effects of rights need to be mindful of the impact on community.
This would make for a great on-the-beach philosophical go-around. What's really involved here isn't the rights of the twp people, or even of the people around them -- the society -- because none of them is likely to be harmed in any fashion by such a marriage. The rights at issue in the prohibition of such closely related people to marry are the rights
of people who don't even exist yet! It's a matter of the right not even so much of their offspring, as of future generations down the line.
That some around them might say "Yuck!" at such a marriage is irrelevant; if every marriage that bothered someone's sensibilities was banned, . . . .
<wait for it>
we'd solve the population problem in twenty years. 
We already know that community SHOULD be mindful of individual rights also, and sadly that is not always the case, but we mustn't fall into the trap of believing that individuals are more important, because ultimately, community is.
So you're a Vulcan?
"The needs of the many outweigh the needs of the few -- or of the one."
-Commander Spock
The problem, as I'm sure Benvolio would observe, is that great evil can be done with that as a weapon.
I guess i'm at the point where i believe although we base rights on the concept of self ownership, we only do so at a community level. We can't just determine what our own inherent rights are, we need others to concur, otherwise they are not rights, but desires. So yea, community is as much important as self ownership is.
Interesting -- I'm reminded of the approach to the Bible of the ancient Fathers, who operated on the principle that while every Christian is entitled and even duty-bound to read the Bible, establishing the meaning was done at a community level. You've made a point here that deserves a lot more thought than I can give it with Bammer tugging at my pants to tell me I should be asleep.
I think the paragraph can be reworked using the concept of liberties to make it clearer, but unless I dream it (wouldn't be the first time I've dreamed philosophy), it's not happening in this house tonight.
p.s. --
LOL I never thought, when I started this thread, that I'd get into defining terms like this! I should have; it's inevitable when one tries to think clearly.