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Natural Rights versus Legal Rights

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secretist Maria Holic from Ame no Kisaki Since: Feb, 2010
#1: Aug 1st 2011 at 10:11:09 AM

Courtesy Link The nature of rights is an issue of philosophical importance.

Natural and legal rights are two types of rights theoretically distinct according to philosophers and political scientists. Natural rights, also called inalienable rights, are considered to be self-evident and universal. They are not contingent upon the laws, customs, or beliefs of any particular culture or government. Legal rights, such as constitutional rights, common law rights, and statutory rights, are bestowed under a particular political and legal system; they are relative to specific cultures and governments. Legal rights are enumerated in constitutions, in statutes (by a legislative body), in case law (especially in countries with a common law tradition), in treaties, and in administrative regulations.

I have heard people basically assume that any and all rights are legal rights and that natural rights don't exist in their minds basically. The Federalists opposed the Bill of Rights because they thought that people would think that the rights inneumerated therin would be legal rights granted by their goverment rather than pre-existing natural rights that the goverment recognized as sacro-sant and wouldn't dare tamper with. America split with the British Empire because it didn't recognize natural rights; the ignorance of natural rights is tyranny.

Basically, everyone has a right to (even if their gov't, cultures, etc. don't recognize them ie tyranny):

  • life
  • liberty
  • property
  • pursuit of happines
  • freedom of assembly
  • freedom of association
  • freedom of education
  • freedom of information
  • freedom of movement
  • freedom of mobility
  • freedom of travel
  • freedom of the press
  • freedom of religion
  • freedom from religion
  • freedom of conversion
  • freedom of speech
  • freedom of expression
  • freedom of thought
  • freedom of conscience
  • freedom of ideas
  • privacy
  • academic freedom
  • civic freedom
  • civil liberties
  • economic freedom
  • intellectual freedom
  • political freedom
  • scientific freedom
  • right to bear arms
  • etc...

Many documents now echo the phrase used in the United States Declaration of Independence. The preamble to the 1948 Universal Declaration of Human Rights asserts that rights are inalienable: "recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world." Article 1, §1 of the California Constitution recognizes inalienable rights, and articulated some (not all) of those rights as "defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy." However, there is still much dispute over which "rights" are truly natural rights and which are not, and the concept of natural or inalienable rights is still controversial to some.

Contemporary political philosophies continuing the liberal tradition of natural rights include libertarianism, anarcho-capitalism and Objectivism, and include amongst their canon the works of authors such as Robert Nozick, Ludwig von Mises, Ayn Rand,[23] and Murray Rothbard [24]. A libertarian view of inalienable rights is laid out in Morris and Linda Tannehill's The Market for Liberty, which claims that a man has a right to ownership over his life and therefore also his property, because he has invested time (i.e. part of his life) in it and thereby made it an extension of his life. However, if he initiates force against and to the detriment of another man, he alienates himself from the right to that part of his life which is required to pay his debt: "Rights are not inalienable, but only the possessor of a right can alienate himself from that right – no one else can take a man's rights from him."[25]

edited 3rd Aug '11 8:27:18 AM by secretist

TU NE CEDE MALIS CLASS OF 1971
KingZeal Since: Oct, 2009
#2: Aug 1st 2011 at 10:17:09 AM

Even in these, some of these freedoms are subject to control.

For example, in "freedom of thought", that would technically give someone the right to be mentally ill, wouldn't it?

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#3: Aug 1st 2011 at 11:58:55 AM

The problem is that these two categories don't include every point of view- specifically the way most people probably look at rights, as neither universal self-evident platonic ideas, nor as arbitrary legal fictions, but as those privileges that most people want for themselves that that they insist on having in exchange for their good citizenship.

"We learn from history that we do not learn from history."
secretist Maria Holic from Ame no Kisaki Since: Feb, 2010
#4: Aug 1st 2011 at 12:12:07 PM

But that because most people are neither philosophers nor political scientists.

TU NE CEDE MALIS CLASS OF 1971
BobbyG vigilantly taxonomish from England Since: Jan, 2001
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#5: Aug 1st 2011 at 12:19:22 PM

I don't buy this idea of "natural rights", much less that the "ignorance" of them is tyranny. What evidence is there that such things exist?

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Bluesqueak Since: Jan, 2010
#6: Aug 1st 2011 at 12:34:22 PM

those privileges that most people want for themselves that that they insist on having in exchange for their good citizenship.

Yeah, I think that would still describe the British view. To quote [1]

"The rights and responsibilities you have today come from a number of different sources. They can come through Acts of Parliament and laws made by judges, and some from European law."

There's also custom. But generally history tells us that rights are things that big hairy strangers may try to stomp all over. Sometimes, we're the big hairy strangers. They're certainly not 'natural'. Or inalienable. They're always things you have to fight for and keep an eye on - or they get taken away.

edited 1st Aug '11 12:35:56 PM by Bluesqueak

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#7: Aug 1st 2011 at 1:46:10 PM

There are no such things as "natural rights". Anything stated as such is simply someone's opinion and is not "self-evident" anywhere in nature that I've ever seen.

I look around me in nature. I see a tree. I see an animal. I see a rock. These things exist. They are self-evident in the sense that they have definable properties independent of my ability to describe them — solipsism aside, the rock will not stop being a rock just because I'm not around to look at it.

If you claim that there is such a thing as a right to freedom of speech, I say that no such thing is in evidence. You can physically open your mouth and utter noise, just the tree can grow or the animal can forage for food. However, the tree can be cut down and the animal can be eaten. I can smash your face in with the rock.

"Rights" are an artificial construct of morality and ethics that can only come about in an institutionalized manner if you have a means of enforcement and general agreement from those around you.

The Declaration of Independence was a legal sham. Its sole value was as a propaganda piece to rally the colonists (and, to a lesser extent, the rest of the world other than Britain). They could have mailed George a Playboy magazine (anachronistic, of course) for all the difference it would have made, save for the inspirational factor.

Anyone who conflates the concept of rights with Appeal to Nature is a very sadly misguided person who thinks that their opinions are facts evident in Creation and is therefore subject to all kinds of irrational behavior. I cannot trust such a person.

edited 1st Aug '11 2:35:11 PM by Fighteer

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feotakahari Fuzzy Orange Doomsayer from Looking out at the city Since: Sep, 2009
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#8: Aug 1st 2011 at 3:31:00 PM

If we assume a self-consistent moral system that everyone can believe in, then we can call any rights arising from that system "natural rights." Unfortunately, some self-consistent moral systems don't include the same rights that others do (for instance, my system leads to very different rights from the one Deboss espouses.)

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Trotzky Lord high Xecutioner from 3 km North of Torchwood Since: Apr, 2011
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#9: Aug 1st 2011 at 4:35:21 PM

There ain't nothing natural about Humans. We share monkey nature with our cousins but anything specifically Human like fireworks and rifles and trousers and printing is artificial.

In some states La Résistance is mighty enough to enforce Citizen Rights. Some states have less Citizen rights because La Résistance is weak.

I am a Citizen so I believe lots of Citizen rights are morally righteous. Likewise, the Evil Government truly believe that less Citizen rights are morally righteous.

edited 1st Aug '11 4:35:49 PM by Trotzky

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#10: Aug 1st 2011 at 4:37:11 PM

Humans are 100% natural. Everything we do is an extension of our intellect and our bodies. It is literally impossible for anything to occur that is not "natural".

"It's Occam's Shuriken! If the answer is elusive, never rule out ninjas!"
BobbyG vigilantly taxonomish from England Since: Jan, 2001
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#11: Aug 1st 2011 at 4:48:14 PM

"Natural" means a number of different things. Just because a more encompassing definition exists doesn't invalidate the definition that excludes humanity and related concepts.

Perhaps it would be helpful if the OP were to clarify in what sense these rights were "natural".

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Trotzky Lord high Xecutioner from 3 km North of Torchwood Since: Apr, 2011
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#12: Aug 1st 2011 at 4:54:29 PM

"Man is born Free and by his creator endowed with inalienable rights: Life Liberty and the pursuit of happiness."

Glorious stuff which inspires La Résistance to kick Evil Government ass.

Because Citizen Rights are directly proportional to the mightiness of La Résistance

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#13: Aug 1st 2011 at 4:57:54 PM

All that is merely Appeal to Force from the opposite direction. All rights are derived fundamentally from Appeal to Force. Societies that do not understand this fail.

There is nothing magically right about La Résistance versus The Government. Both are made up of people who are subject to all the Logical Fallacies that people subject themselves to, including the notion that rights are in some way inherent to being human, rather than something we invent out of our collective will.

Yesterday's La Résistance is today's The Government. Today's La Résistance is tomorrow's The Government.

edited 1st Aug '11 5:06:43 PM by Fighteer

"It's Occam's Shuriken! If the answer is elusive, never rule out ninjas!"
Jauce Since: Oct, 2010
#14: Aug 1st 2011 at 5:05:17 PM

[up][up]Well, what about those of us who do not believe in an almighty creator? Freedom of religion is one of those "natural rights", isn't it? And since we don't believe in God, but our "natural rights" are supposed to be endowed by him, well..

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#15: Aug 1st 2011 at 5:24:52 PM

Freedom of religion is related to freedom of speech, in that, assuming that I recognize your right to open your yap, I don't particularly care what comes out of it. You can delude yourself with whatever superstitions happen to fill your craw. What I do contest, with my ad baculum if needed, is your right to try to tell me what to believe.

"It's Occam's Shuriken! If the answer is elusive, never rule out ninjas!"
Trotzky Lord high Xecutioner from 3 km North of Torchwood Since: Apr, 2011
Lord high Xecutioner
#16: Aug 1st 2011 at 5:34:26 PM

"Yesterday's La Résistance is today's The Government. Today's La Résistance is tomorrow's The Government."

We will only be Free during those rare transition periods when La Résistance has siezed Power but is not corrupt YET.

Freedom of Worship is a secular conceit. When Moses came down from the mountain he had a precise list o how worship must be done.

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MilosStefanovic Decemberist from White City, Ruritania Since: Oct, 2010
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#18: Aug 1st 2011 at 5:44:27 PM

Oh my. I remember being like this when I was 13.

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USAF713 I changed accounts. from the United States Since: Sep, 2010
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#19: Aug 1st 2011 at 9:56:26 PM

Morality, like Fighteer said, is relative. "Rights" and ethics and all those other wonderful things are artificial constructs. Not that I would ever say that, for example, the "right" to life is a bad thing; it would be very sad if we decided murder was ok. However, murder is "wrong" because society says so, not because of any inherent value judgement. Without sapience—and therefore the right to make such value judgements—we would consider murder a simple fact of life and instinct—in fact, we wouldn't consider it anything at all, because we would lack that intelligence.

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secretist Maria Holic from Ame no Kisaki Since: Feb, 2010
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#21: Aug 3rd 2011 at 8:48:42 AM

Secretist, you can prove anything you want if you pick and choose your premises to support your argument; this is called Begging the Question and is a basic logical fallacy. All you've done is assert, "if X then Y" without offering any proof for X.

Anyway, the "non-aggression principle" is a construct of human morality and is no closer to a hypothetical universal truth than any other morality. I would also add that it seems like you've got it the other way around; non-aggression is derived from the same set of principles that gives rise to the concept of natural rights. One is not a consequence of the other; they're the same thing in different clothes.

edited 3rd Aug '11 9:05:33 AM by Fighteer

"It's Occam's Shuriken! If the answer is elusive, never rule out ninjas!"
secretist Maria Holic from Ame no Kisaki Since: Feb, 2010
#22: Aug 3rd 2011 at 9:54:51 AM

Do you like the UDHR? It exclussively reffers to legal rights.

Article 29. (1) Everyone has duties to the community in which alone the free and full development of his personality is possible. (2) In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society. (3) These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.
This is a the nullyfing clause that says that the UN reserves the right to negate these rights at any time in the future as it sees fit to do so.

TU NE CEDE MALIS CLASS OF 1971
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#23: Aug 3rd 2011 at 9:57:34 AM

All that does is establish a framework upon which rights can be decided. It's really a null statement since all of its dependent terms are subjective.

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USAF713 I changed accounts. from the United States Since: Sep, 2010
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#24: Aug 3rd 2011 at 10:00:11 AM

Except that the UN is a human construct. Legal rights are a human construct. Natural rights are an idea made by humans. There is no such thing as a "right" in relation to nature or inherent-ness. The idea of a "right" is just that—an idea. Rights exist and are defined by society.

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secretist Maria Holic from Ame no Kisaki Since: Feb, 2010
#25: Aug 3rd 2011 at 10:32:41 AM

[up]So you support the right of Islamist regimes to oppress people?

Islamist countries such as Sudan, Pakistan, Iran, and Saudi Arabia have criticized the Universal Declaration of Human Rights for its perceived failure to take into the account the cultural and religious context of Islamist countries because they claimed their governments were based on the Sharia.[20] In 1982, the Iranian representative to the United Nations, Said Rajaie-Khorassani, said that the UDHR was "a secular understanding of the Judeo-Christian tradition", which could not be implemented by Muslims without trespassing the Islamic law.[21] On 30 June 2000, Muslim nations that are members of the Organisation of the Islamic Conference (now the Organisation of Islamic Cooperation) officially resolved to support the Cairo Declaration on Human Rights in Islam,[22] an alternative document that says people have "freedom and right to a dignified life in accordance with the Islamic Shari’ah", without any discrimination on grounds of "race, colour, language, sex, religious belief, political affiliation, social status or other considerations."[23] However, the Cairo Declaration has been criticized for failing to fully recognize freedom of religion as a "fundamental and non-derogable right".[24]

CDoHRiI

Though using a universalist language akin to the Universal Declaration of Human Rights, "quite a number of [its] features express an Islamic particularity."[5] The preamble is comprised mostly of religious rhetoric, and the particulars of the CDHRI contain numerous references to the Quran, Allah, sharia and aspects of the Islamic faith that appear on no other similar international list.[5] The CDHRI concludes in article 24 and 25 that all rights and freedoms mentioned are subject to the Islamic Shariah, which is the declaration's sole source.[6] The CDHRI declares "true religion" to be the "guarantee for enhancing such dignity along the path to human integrity". It also places the responsibility for defending those rights upon the entire Ummah.

The CDHRI does not discuss freedom of religion, assembly, association or the requirement of free consent to marriage, the right to a fair trial, prisoners' rights, minority rights, the right to a nationality, suffrage, social security, trade unions, strikes or participation in cultural life.[5] The Cairo Declaration also includes several crucial limitations, including all rights being bound by Islamic law; it allows the right to take a life, inflict bodily harm, that the education of children be in accordance with sharia, that there are rights that can be claimed from children or kin, restriction on freedom of movement and the ability to deny refugees protection whenever permitted by sharia.[5]

It has points that have been criticized.

The CDHRI has been criticized for being implemented by a set of states with widely disparate religious policies and practices who had "a shared interest in disarming international criticism of their domestic human rights record."[citation needed]

Article 24 of the declaration states: "All the rights and freedoms stipulated in this Declaration are subject to the Islamic Sharia." Article 19 also says: "There shall be no crime or punishment except as provided for in the Sharia." [7]

The CDHRI has been criticised for failing to guarantee freedom of religion as a "fundamental and nonderogable right".[7]

In a joint written statement submitted by the International Humanist and Ethical Union (IHEU), a non-governmental organization in special consultative status, the Association for World Education (AWE) and the Association of World Citizens (AWC): a number of concerns were raised, that the CDHRI limits Human Rights, Religious Freedom and Freedom of Expression. It concludes: "The Cairo Declaration of Human Rights in Islam is clearly an attempt to limit the rights enshrined in the UDHR and the International Covenants. It can in no sense be seen as complementary to the Universal Declaration."[8]

The Centre for Inquiry in September 2008 in an article to the United Nations writes that the CDHRI: "undermines equality of persons and freedom of expression and religion by imposing restrictions on nearly every human right based on Islamic Sharia law."[9]

Rhona Smith writes that because the CDHRI's reference to Shariah implies an inherent degree of superiority of men.[10]

Adama Dieng, a member of the International Commission of Jurists, criticised the CDHRI. He argued that the declaration gravely threatens the inter-cultural consensus on which the international human rights instruments are based; that it introduces intolerable discrimination against non-Muslims and women. He further argued that the CDHRI reveals a deliberately restrictive character in regard to certain fundamental rights and freedoms, to the point that certain essential provisions are below the legal standards in effect in a number of Muslim countries; it uses the cover of the "Islamic Shari'a (Law)" to justify the legitimacy of practices, such corporal punishment, which attack the integrity and dignity of the human being.[2][11]

edited 3rd Aug '11 10:35:01 AM by secretist

TU NE CEDE MALIS CLASS OF 1971

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