³¹ But Bentham did not explain who possess the power of making laws. In fact, everyone wishes to have power to make laws in order to control others. Different people or throngs, however, have different strength. Powerful throng got rights in struggle first, which meant they could make laws to enslave others, while others had to resist and strive for their rights.

The weaker the people had resisted, the more difficult they obtained human rights. Many throngs have not got equal rights until now. Nations with large population got rights first, while minorities later. Animals have little intellect and are still engaged and killed now.

Theorem: Rights come from struggle.

People do not have natural rights, nor do the embryo of people, chimera and animals. People protect animals now because their extinction has threatened the existence of human being. The rights embryo and chimera should get depend on the effect they bring to adult. This is the inevitable result though you are very kind and hope to give them as more rights as possible.

Marxism has faith on the theory of class struggle. The struggle in society, however, is not only between classes, but also between people and organizations. In this way, the word class struggle should be replaced by social struggle.

The social confusion is not always bad, nor is it the doomsday. New orders are definitely founded after confusion. The foundations of most orders have the premise of a period of confusion. People and organizations struggle for their benefits within the confusion, someone wins and others lose, and then the new order is able to found. The winners build the governments of autarchy if they have faith on their power. Otherwise, the winners build willingly the governments of democracy and equality if they have learnt the lessons of previous autarchy. No savior from on high delivers, the social struggle based on utility unites the human race.³²

It is necessary to notice that Peter Singer was wrong when he put infant into the same range as animals according to rationality, autonomy and self-consciousness, there- fore he thought killing infant cannot be equated with killing normal human beings, or any other self-conscious beings.³³ Infant is possible to become rational when he grows up, and hate those who ever planned to throw him away or kill him, although he is not rational at the moment, while animals are never rational. Reason and self- consciousness are right criteria, because the more reason a person is, the more capable he is to resist others. So the more possible a body is to have full reason, the more rights should a body enjoy. Singer resist to count the potential of a fetus to become rational, self-conscious being when he suggested that killing infants cannot be equated with killing normal human beings, because sperm and ovum also have this possibility while we never regard contraception and celibacy as encroaching on human right.³⁴ This argument is not reasonable, because sperm and ovum only have an extremely low possibility to become a person, quite lower than that of embryo. The quantitative change brings about the qualitative change. John Noonan ever judged the right of embryo by probability, though he did not believe the theory of social struggle.