I started thinking about rights while working on permissions, because some deontic logicians think that permissions need to be also independent of prohibitions, in order to ground rights. Now, as I argued elsewhere, Mīmāṃsā permissions are always exceptions to previous negative obligations or prohibitions, so what happens to rights?
There is not a directly correspondent concept (how could there be one, given how historically loaded ‘right’ is?), but an interesting parallel is adhikāra. How does this work?
Let me look, to begin with, at the discussion in the apaśūdrādhikaraṇa by Rāmānuja. There, he explains that śūdras (humans belonging to the lowest class) do not have the adhikāra to perform worship (upāsana), because they are unable (asamartha), even though they desire the result of the action. Why are they unable? Because the do not have the adhikāra to perform a part of it, namely vedādhyayana.
So, as a preliminary understanding:
adhikāra to do x (e.g., upāsana) presupposes:
- desire to obtain the result of action x
- ability to perform action x, which, in turn, presupposes the ability to perform each of its parts
- [not yet determined, but see below]
The interesting part is that according to “as much as possible” principle, one does not need to perform each part of x in order to perform x, if x is a compulsory action (e.g., if you have the duty to each single day, you might leave out polishing each slide every single time). However, you still need to be “able” (samartha) to perform each part, even the ones you might have left out.
asāmarthya ‘inability’ can be due to physical or economical inability, but could also be the result of the lack of a predecing adhikāra. Thus, adhikāra has a double relation to sāmarthya: a) Lack of sāmarthya precludes the possibility adhikāra (adhikāra presupposes can); b) Lack of adhikāra to do x means that one will not get to do x and will therefore be asamartha with regard to y, if x is a part of y.
This leads to the adhikāra for vedādhyayana. This presupposes:
- desire to obtain the result of the action
- ability to perform the action (see PMS, book 6.1 on animals not being able to perform sacrifices)
- sanction by an authoritative text
Which kind of sanction? In the case of vedādhyayana, it seems to be a positive obligation (or vidhi). What would be the distinction between adhikāra and any other enjoined action, then? That the vidhi which lies at the basis of adhikāra establishes one’s general entitlement to do x, and not just one’s duty to perform x in a given case.
अधिकारः = फले स्वाम्यम् is another way to look about it. One who doesn’t have the adhikāra could in theory perform the action but not get the fruit of performing it. (Also, they could get a विपरीत फल).
Yes, svāmitva is mentioned as a definition of adhikāra also in Maṇḍana, VV, chapter 16. Are you aware of discussions of people getting a viparītaphala? If so, please let me know.