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Rights: What they are and what they are not.

Posted by ObjectiveAnalyst 7 years, 7 months ago to Philosophy
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Rights: What they are and what they are not.

Rights are "unalienable". This means they exist irrespective of and precede government. They are part and parcel of your existence. In our founder's time Jefferson wrote of our unalienable rights in the Declaration of independence. Many in his time considered them to be endowed to us by God, while others by nature, but either belief acknowledged their preeminent existence. Very influential to the founders was Locke's position and first principles of rights to life, liberty and property. They all stem from the primary truth that human beings own themselves and that property rights are a logical extension of this right. No one, group, or government agency has superior right to the fruits of your labor.

Rights are universal and cannot be in conflict with the rights of others. That is the test of a true right.
They belong to all or they are not a natural right. Kings do not have more rights than others. Rights can be exercised by all without conflict. They can be exercised by all simultaneously without conflict.

If I claim a right such as a right to a job that imposes a duty on others to provide that job, it can't actually be a right. If I claim as a right, food stamps or welfare that must be paid for by someone else, that imposes a duty on others. It is not a right. It is in contradiction with others' rights since it makes them subservient and forces them to make their rights subject to mine. It is therefore, not a true right. If one must make themselves or others subordinate in any way, then it is not an exercise of a true right. If a duty is placed on anyone else in order to fulfill, or exercise an activity, it is not a right.

It is one's natural right to voluntarily trade one's goods and services, but it is not a right to demand that one do so or to take by force the goods or services of another. This is no less so if it is done by a third party in the name of government through the use or threat of force. Everyone can participate in free trade at their discretion and no interference or conflict can occur even if all wish to participate simultaneously. We can offer to purchase the product or service of others at any price we wish, but no one is obliged to accept. No positive action is required.
This test is easily applied to all circumstances. If a positive action is required of others it is not a right.

Today the progressives have turned the meaning of rights upside down. They believe in a positive view of rights that imposes duties on others. A right to healthcare, housing, internet, college, etc. is a positive view, of a larger philosophy of legal positivism which claims a right is not an independent natural right, but anything the government dictates. The Jeffersonian and traditional view is a negative view, since it only restrains others from action. It imposes no positive action on others. The restraint is only one of non-interference of the rights of others. This includes the prohibition of interference by government. This is why many statist progressives will not recognize the true nature of rights.

The truly greedy and selfish among us are those progressives that would deny the rights of others and make them subservient to their Utopian dreams built on legal positivism. If they achieve their goal of complete legal positivism, the elites among them might live in their utopia, but the majority of us would find ourselves living as serfs in a hell of their making.

Summary: A right is prior to government, an integral part of an individual (there are no group rights). A need or desire does not constitute a right if it must be provided at someone else's expense, or effort. You have a right to anything you can acquire or achieve so long as no one else is compelled to provide it or its materials and it does not interfere with the free exercise of the rights of others.

Respectfully,
O.A.


All Comments

  • Posted by RimCountry 7 years, 6 months ago
    It's been awhile, OA... I hate to say it, but we seem, as a nation, to have forgotten the meaning of and the reason for "limited government."

    I never believed that I would live long enough to see the President of the United States either direct or look the other way while corrupt appointees in his administration use their bureaucratic authority to steal an election.

    It's time to once and for all reduce the size, scope and jurisdiction of our over-reaching federal government, and the ONLY way to accomplish that is by constitutional amendment. Article V of the Constitution gives STATES the power to propose amendments to the Constitution whenever 2/3 of the states decide that Congress has failed to act.

    In an age when the President of the United States touts the power to use executive orders in contravention of the other branches of government, to kill Americans with drone strikes, and to meddle in the relationships between doctors and patients and mandate that individuals purchase health insurance or pay penalties...

    When he increases the national debt higher than the total sum of the debt incurred in the first 227 years of our existence; when the NSA spies on citizens using mass surveillance technology; when the Federal Communications Commission seeks to control websites that are "too conservative" and determine what stories newsrooms may run...

    when the IRS targets particular groups because of their political beliefs; when the Department of Defense indoctrinates soldiers to accept that people who extol the virtues of the Founding Fathers, or who believe in the fundamental teachings of biblical Christianity, are extremists and potential terrorists...

    when the Department of Housing and Urban development can take private property and re-develop that land to the benefit of the "winners" as identified by the government…

    when the department of Justice can order an American multinational technology company to scan tens of millions of private eMail message searching for a list of specific "keywords," while using national security as justification…

    when the Department of Education orders schools to allow students to use restrooms irrespective of their biological gender; when the Supreme Court invents doctrines that subvert the very Constitution from which they derive their authority...

    when, in short, the federal government has run amuck, is it not time to at least try an Article V convention?

    All things considered, doesn't all of this suggest to you that it's more dangerous NOT to attempt an Article V convention?

    As someone recently rather famously asked, "What the hell have you got to lose?"

    Be informed. Sign the petition. Get involved. http://www.cosaction.com/?recruiter_i...
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  • Posted by bucky44 7 years, 6 months ago
    O.A., whoever you are, very well written. The progressives have polluted the thinking of a good portion of the people in this country. They do not recognize natural or God given rights because it would take away their power of extolling the rights, in their mind, given from govt.

    Our govt. has grown exponentially due to the proliferation of these rights from govt. An effort has been underway for over three years by the Convention of States Project to limit the power and scope of the Federal Govt. They are using Article 5 of the Constitution to call for a convention of states to amend the Constitution in three areas. Power taken from the feds by limiting spending and taxation and giving the States power to abrogate laws and court decisions they deem unconstitutional or just plain wrong. Power to the States by giving them final say on Supreme Court Decisions and federal laws. Encouraging citizen legislators by term limiting legislators. Learn more at conventionofstates.com and sign the petition.
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  • Posted by Specs 7 years, 7 months ago
    This can easily relate to the exceptionalism of Ameica. America is exceptional in the respect that we are the first national government in human history that recognizes and constitutionally acknowledges these rights and supposedly protects them. I am now thinking that we are now exceptional in regards to how our federal government blatantly attacks these rights and violates them consistently with social welfare and entitlements [a liberal word improperly used]. These tactics can be reversed by reverting back to the original constitution and following the authority of Article V which provides a method for the States to regain their sovereign powers to handle their own citizenry.
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  • Posted by RobertWeitman 7 years, 7 months ago
    Wouldn't this be a great daily digest to cure what ails progressives! Most of them don't understand the great gift of liberty that has been given or measure the cost to obtain it. With it comes a responsibility to live morally. The author's beautiful explaination of man's rights juxtaposed with the progressive sense of wants as rights leads to the question is progressivism the natural outgrowth of liberty or the childish attempt to get all you can in a free society? Is the Trump phenomenon the reasonable response...to use the tactics of progressives to beat them at their own game? If so, at what expense? Is it moral to use the tactics of the devil to beat him? "Does Satan cast out Satan?" What is the moral reasonable response to progressives? A law-abiding tact is the use the Constitution to fix the Constitution. It is legal. It is moral. Article V is a Consitutional process to Amend the Constitution to rebalance federal powers that have become tyrannically abused in a tug of war for power. The Constitution has been our foundation for 229 years and can continue to be if we use the tools our Founders/Framers gave us to adjust it. Go to http://www.conventionofstates.com to find out in detail what the COS Project is doing to call for a Convention of States. We The People need to take a stand during this Constitutional Crisis for liberty, for law and order, and for an end to tryranny. Please join us. Sign the petition at http://www.cosaction.com/?recruiter_i...
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  • Posted by roseys4 7 years, 7 months ago
    Good explanation...Just another reason we need an Article V Convention of States to open a conversation about this and other issues facing our nation. One by one our rights are being taken away by executive order, administrative acts & judicial overreach. The States created the Federal government and its now time to take the power back. Its time for an Article V Convention… it may be a long shot, but it also is our only shot to peaceably & constitutionally restore our Constitution and rule of law. Visit here to learn more, sign the petition, and sign up to volunteer: http://www.cosaction.com/?recruiter_i...
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  • Posted by fyerrick 7 years, 7 months ago
    These ideas were learned and applied by our Founding Fathers as they established a our Constitutional Republic. Our requirement is to become "Enlightened Citizens" who are able to maintain the Republic we were given. We at the Convention of States Project have faith in the Original Constitution and Article V. We invite you to join us at conventionofstates.com as we Self-educate and then Stand up, Speak up, and Show up. We thank you.
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  • Posted by jimjamesjames 7 years, 7 months ago in reply to this comment.
    Rights do not create burdens, to the right holder, that benefit others. Rights are a benefit to the holder, as an individual, alone.
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  • Posted by 7 years, 7 months ago in reply to this comment.
    Hello jimjamesjames,
    Yes. I could have been more precise in my reply. We have a right to pursue and acquire healthcare, but healthcare in and of itself is not a right. It is as you say a commodity. One has the right to acquire any commodity they can, but not a right to force others to provide it.
    Respectfully,
    O.A.
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  • Posted by 7 years, 7 months ago in reply to this comment.
    Spartacus! From the series: "Let us teach them, that all who draw breath are of equal worth... And those who seek to place heal upon the throat of liberty will fall with the cry of freedom!"
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  • Posted by strugatsky 7 years, 7 months ago in reply to this comment.
    A couple of millennium ago, the rulers would be reminded by a slave that they were mortal. Unfortunately, we now have too many Little Caesars to allow the slaves to remind them of their mortal condition. One day, it will take a real Caesar to remind them.
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  • Posted by 7 years, 7 months ago in reply to this comment.
    Good morning strugatsky,
    Absolutely. Since it seems it never occurs to so many, I think it essential to introduce this information along with some basic epistemology to our youth during their primary education. I imagine it does happen in some private schools, but I would expect it to be a rare anomaly if it occurred in our public indoctrination centers...
    Respectfully,
    O.A.
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  • Posted by 7 years, 7 months ago in reply to this comment.
    Hello SarahMontalbano,
    Thank you. I am confident in my philosophy. It is gratifying though to see reassurance that I am on the right track and that I am reaching other people who appreciate it.
    Regards,
    O.A.
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  • Posted by 7 years, 7 months ago in reply to this comment.
    Hello Irshultis,
    I am in general agreement with your first paragraph.
    I beg to differ on your second. It is not my intention to offer an outlet for blame, but I maintain and wish to point out a philosophy that is anathema to the true nature of rights. It is not a straw man to point out a prevalent ideology that is undermining proper philosophy in this regard. It would be a straw man if I had claimed that they alone were the only parties violating rights. I did not say so. You are reading into my words more than I have stated, or intended.
    Respectfully,
    O.A.
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  • Posted by strugatsky 7 years, 7 months ago
    This basic question should be asked of himself by every government employee that has the power to enact any law, legislation or take any administrative action is whether I have a moral and constitutional right to limit the action of another individual. If the answer is yes, this question needs to be asked by the citizens and the action allowed, or upheld, only in the case of an affirmative answer. This is not a guarantee of freedom's protection, but it would forestall much of the infringement.
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  • Posted by $ SarahMontalbano 7 years, 7 months ago
    Well done, O.A. I approve completely, but that shouldn't matter to you. All that matters is that someone understands it.
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  • Posted by Outlaw 7 years, 7 months ago in reply to this comment.
    Thank you O.A., I have been "lurking" and enjoying for a long time, just don't comment much. This topic is a love of mine.
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  • Posted by lrshultis 7 years, 7 months ago
    Rights define the role of government as a negative feedback on individual action. No governor physical or political should do any more than limit the action of a machine or an individual, thus defining the freedom of action with respect to destruction of the machine or other humans. The governance of the action involved in a right is to stop it from forcing others in their equal action with respect to the right. That governance is usually done by the individual actor and is done by others when they become involved without consent in the action.

    Please do not do the straw man progressives, positivism, etc. stuff when everyone can violate rights and probably do so due to not having full knowledge of the minds of others. Those just give someone something to blame rather than just focusing on ones own life related to other lives.
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  • Posted by Herb7734 7 years, 7 months ago
    In a nutshell: No government can GIVE you rights. Governments exist only to PROTECT your rights. You and only you have rights and they are life, liberty and the pursuit of happiness. Please note, that none of these are GIVEN to you. They are for you to create for yourself. Please note also, that happiness is not guaranteed, but only the freedom to pursue it. Everything else without exception is to give others power over you because you allow "them" to give something to you instead of you earning it. Whenever you depend on others for sustenance they can control you by denying it. Aesop was right. Do Not Be The Grasshopper.
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  • Posted by 7 years, 7 months ago in reply to this comment.
    Hello Snezzy,
    Thank you for your contribution. I concur about the Federalist papers and I would add, read the Anti-federalist and the Constitutional Convention Debates. Once done there is little doubt as to the true intentions and meaning. I do believe it was short sighted to change the originally contemplated words Life, liberty, and Property to, Life, Liberty and the pursuit of happiness in the Declaration of Independence. Of course, I understand the reasoning behind it and the arguments made at the time regarding slaves as property and the implications. However the Constitution followed the same example and also suffered. Today (post abolition) a more prominent protection and emphasis on property would perhaps serve us better.
    Respectfully,
    O.A.
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  • Posted by 7 years, 7 months ago in reply to this comment.
    Greetings Outlaw,
    You are welcome. I hope you are finding your time in the Gulch to be a rewarding expenditure.
    Respectfully,
    O.A.
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  • Posted by 7 years, 7 months ago in reply to this comment.
    Hello DrZarkoff99,
    Indeed. I do enjoy the writings of Cicero. There was a time when the Republic of Rome possessed some true statesmen and Cicero's story of acquiring stature and then being branded persona non grata and then returning for a short time to eminence, is a fascinating and enriching story. I also enjoyed reading of his exploration and purported finding of the grave of Archimedes. Too bad Mark Antony closed the book on Cicero's life in a most unhappy ending.
    Politics.. a most unsavory business, then and now.
    Regards,
    O.A.
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  • Posted by 7 years, 7 months ago in reply to this comment.
    Hello tdechaine,
    Strange how simple it actually is if people give due consideration. Unfortunately philosophy, logical thought, introspection and common sense seem to be rare ocurences among the sheople. I suspect most never even consider their own place in the world their philosophy... almost everyone I speak with outside of this forum require explanation of the terms metaphysics and epistemology... We need more emphasis early in life on philosophy, even in its most basic meaning of how one understands the world around them and how to check their premises.
    Respectfully,
    O.A.
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