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Response to gejohnston (Original post)

Sat Oct 20, 2012, 07:26 PM

22. I haven't thought much about this, but a duty-to-defend law appears coercive...

requiring "positive" or "affirmative" actions by an individual in potential violation of the "life, liberty and the pursuit of happiness" portion of the Declaration.

The Constitution is often explained as a "negative" document; that is it prevents the state (through the use of "no" or "not") from abridging or infringing the rights in the Bill of Rights. This is a far more workable way to ensure a liberal interpretation of one's individual rights. A proscriptive "positivist" law requiring individuals to act (in a clearly dangerous situation) does violence to the "negativist" philosophy in the Constitution.

I also see profound problems with making such a law work. Talk about interpretations of what is self-defense, duty to escape, stand-your-ground, and the like!

Mahatma Gandhi would classify one's complete unwillingness to save, aid or rescue someone from the violent actions of others as "cowardice."

But a violation of the law? No.

Good post!

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gejohnston Oct 2012 OP
Glaug-Eldare Oct 2012 #1
MotherPetrie Oct 2012 #2
holdencaufield Oct 2012 #4
gejohnston Oct 2012 #5
PavePusher Oct 2012 #8
Eleanors38 Oct 2012 #24
TreasonousBastard Oct 2012 #3
msongs Oct 2012 #6
gejohnston Oct 2012 #7
AtheistCrusader Oct 2012 #28
trouble.smith Oct 2012 #9
Glaug-Eldare Oct 2012 #11
trouble.smith Oct 2012 #13
Glaug-Eldare Oct 2012 #14
Angleae Oct 2012 #16
Glaug-Eldare Oct 2012 #17
Angleae Oct 2012 #19
Glaug-Eldare Oct 2012 #21
trouble.smith Oct 2012 #29
oldhippie Oct 2012 #31
trouble.smith Oct 2012 #33
oldhippie Oct 2012 #34
Kennah Oct 2012 #10
SecularMotion Oct 2012 #12
holdencaufield Oct 2012 #15
PavePusher Oct 2012 #20
Eleanors38 Oct 2012 #23
GreenStormCloud Oct 2012 #18
LineReply I haven't thought much about this, but a duty-to-defend law appears coercive...
Eleanors38 Oct 2012 #22
Glaug-Eldare Oct 2012 #25
Eleanors38 Oct 2012 #26
littlewolf Oct 2012 #27
Remmah2 Oct 2012 #30
4th law of robotics Oct 2012 #32
MicaelS Oct 2012 #35
upaloopa Oct 2012 #36
gejohnston Oct 2012 #37
oneshooter Oct 2012 #38
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