You only recognize legal rights, it seems. And your recognition of legal rights seems to grounded in the fact that the state enforces legal rights.
Have I fairly represented that half of your viewpoint?
I think I have. So I'll go on.
Your refutation of any natural rights thesis seems to rely heavily on the lack of enforcement, as you do recognize the might makes right thesis on the basis of enforcement.
No pissiness now. I'm taking your post seriously. Earlier your "painfully stupid" remark rubbed me the wrong way.
So, first, I'd point out that because rights can be violated is not an argument against the existence of those rights. I could give examples within your legal rights thesis, but I don't think that's necessary, yes?
Second, rights, generally speaking, fall into two categories: claims and privileges. Both work as entitlements, but claims originate with the right-bearer, and privileges with the right-grantor.
Natural rights are claims deriving from our rational human nature and grounded in the biological natural instinct for self-preservation.
The sabre-tooth tiger doesn't recognize my right to life, and may try to violate my right to life, and if I cannot enforce my claim against that violation, I am dead meat. But the right I claimed was no less a right just because I was killed. In a very real sense the sabre-tooth tiger is just acting out of its own right to life in killing and eating me, but the sabre-tooth tigers is not aware of this.