>>The concept of "natural right" is specifically utilitarian.>>
what do you mean by this? It seems, at first glance, to be blatently false.
ebola
It would be false, if one were to buy into the nature/experience division. But I'm not doing that. The association of rights with "nature" is not really legitimate. So the invention of the concept "natural right" was a utilitarian phenomenon in that we created our own set of rules to follow. These rules, if adhered to, would result in less coercion between humans. So an assertion of natural right, like "Thou Shalt not Kill," is something we make up and tell people is true for expediency. It is utilitarian and expedient (like the social contract), because it is based on consensus. I suppose this only works if you deny the "nature" part of "natural rights" (because why even include it?)
There is no universal law that says stealing is wrong. In fact, scavenging animals obey a completely different law: stealing carcasses is right, because that is how you survive.
Humans are animals as well. We will seek to attain resources in whatever way we can. Since this can end up harming others, we have convinced ourselves that there are "commandments" or "natural rights" that we must adhere to. This is an inherently utilitarian enterprise, because it is meant for a specific cross-section of people: those that for whatever reason, need rules to keep them from coercing others, as opposed to those that do not.
However as I posted earlier, I can only ground rights in biological empathy. So this means that "natural rights" can only be justified through nature. Therefore, attempting to found "right" on anything besides biological empathy is fruitless (and consequently utilitarian).
My explanation could also be considered utilitarian in that.....say for example, my knowledge of biological empathy informs me that if I knife someone, they will experience pain. But what if I don't care? Well, I could also claim that even though I don't care about the guy I knifed and his pain, the act would detract from my ability to engage in future relations with him. So it can be utilitarian as well (but it doesn't have to be).
I also think that we should clarify some definitions: "Natural Right" means something different than "Natural Rights."
Natural Right refers to a virtuous, objective set of behaviors or ideals that exemplify the "right" way to live. It can encompass a lot more than just non-coercion.
Natural "rights" on the otherhand, have an element of justice and desert (people deserve not to be harmed).