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Philosophy

In reply to the discussion: Do rights exist? [View all]

discntnt_irny_srcsm

(18,479 posts)
19. re: "...the right for an individual to be treated equally under the rule of law."
Sun Sep 22, 2013, 11:57 AM
Sep 2013

Since the government (a creation of individuals) is the source of law and is responsible for its interpretation and enforcement, this operates more as a duty of government.

Section 1 of the Fourteenth Amendment:
"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."


Rights as described in the Declaration:
"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness."


The Bill of Rights: < http://www.archives.gov/exhibits/charters/bill_of_rights_transcript.html > names certain rights and, also, places restrictions on government. Those restrictions minimize the level of interference which one need tolerate from government. Rights, in general, name actions which an individual can take and feel lawful and righteous in so doing. These possible actions cover the scope of liberty.

I believe rights exist as attributes of humanity. Failing to respect others rights is often a crime. Not respecting someone's right to life and perpetrating an unprovoked assault resulting in death may result in a murder conviction.

IMHO, prior to certain social and legal victories, the rights of African Americans, Women, Native Americans, various LGBT persons... existed but were denied and/or not respected. The fact that it became illegal or unpopular to do so didn't create those rights.

thanks for your thoughts
Do rights exist? [View all] discntnt_irny_srcsm Aug 2013 OP
Rights, organizations (including governments), human laws, ZombieHorde Aug 2013 #1
Can I infer... discntnt_irny_srcsm Aug 2013 #3
Yes for laws and fairness, but no for love and anger. nt ZombieHorde Aug 2013 #5
I'm unable to understand what system you have... discntnt_irny_srcsm Aug 2013 #6
Ha! ZombieHorde Aug 2013 #13
So then... discntnt_irny_srcsm Aug 2013 #14
I don't think so. nt ZombieHorde Aug 2013 #15
I don't think so. delrem Nov 2013 #22
This message was self-deleted by its author Sweeney Nov 2014 #29
Your subject line isn't true. bye. delrem Nov 2014 #31
This message was self-deleted by its author Sweeney Nov 2014 #32
Rights are attributes of people. rrneck Aug 2013 #2
I'm having a bit of confusion... discntnt_irny_srcsm Aug 2013 #4
I would rephrase if I could think of a better way to say it. rrneck Aug 2013 #7
I guess I'm having some trouble with this: discntnt_irny_srcsm Aug 2013 #10
Natural and legal rights rrneck Aug 2013 #11
I'm good with that. discntnt_irny_srcsm Aug 2013 #12
I'd say it depends very much on which school of ethics you subscribe to. Fortinbras Armstrong Aug 2013 #8
I'd suggest that... discntnt_irny_srcsm Aug 2013 #9
This message was self-deleted by its author Sweeney Nov 2014 #30
"Whether you know it or not, among the French and Germans, right means law." Fortinbras Armstrong Nov 2014 #33
This message was self-deleted by its author Sweeney Nov 2014 #35
For at least the second time, THE PARAGRAPH IS YOUR FRIEND. Fortinbras Armstrong Nov 2014 #36
This message was self-deleted by its author Sweeney Dec 2014 #37
OK, I shall introduce myself to you. Fortinbras Armstrong Dec 2014 #38
This message was self-deleted by its author Sweeney Dec 2014 #39
I'm afraid I have some major disagreements with you. Fortinbras Armstrong Dec 2014 #40
This message was self-deleted by its author Sweeney Dec 2014 #41
"I'm afraid that I ..." Fortinbras Armstrong Dec 2014 #42
This message was self-deleted by its author Sweeney Dec 2014 #43
I used an idiom that I'm sure you've heard at least a thousand times Fortinbras Armstrong Dec 2014 #44
This message was self-deleted by its author Sweeney Dec 2014 #45
Being polite is not cant, nor is it being dishonest. Fortinbras Armstrong Dec 2014 #46
This message was self-deleted by its author Sweeney Dec 2014 #47
I think I see our basic problem Fortinbras Armstrong Dec 2014 #48
This message was self-deleted by its author Sweeney Dec 2014 #49
This message was self-deleted by its author Tuesday Afternoon Aug 2013 #16
I believe that the obligation... discntnt_irny_srcsm Aug 2013 #17
Don't human rights have to be recognized and asserted to exist? delrem Sep 2013 #18
re: "...the right for an individual to be treated equally under the rule of law." discntnt_irny_srcsm Sep 2013 #19
Correct. It's an *obligation* of gov't. delrem Nov 2013 #20
War is uncivilized discntnt_irny_srcsm Nov 2013 #21
I really appreciate DU. n/t delrem Nov 2013 #23
This message was self-deleted by its author Sweeney Nov 2014 #27
This message was self-deleted by its author Sweeney Nov 2014 #34
Do rights exist? CloptonHavers Feb 2014 #24
After some reading... discntnt_irny_srcsm Feb 2014 #25
This message was self-deleted by its author Sweeney Nov 2014 #28
This message was self-deleted by its author Sweeney Nov 2014 #26
Rights are Subordinated to... PavelKO Oct 2016 #50
As is generally said, 'The winners get to write history.' discntnt_irny_srcsm Oct 2016 #51
Message auto-removed Name removed May 2017 #52
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