Unalienable Rights

Posted by pathen 7 years, 6 months ago to Philosophy
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Preserving civilization


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  • Posted by Herb7734 7 years, 6 months ago
    " A right is the sanction of independent action. A right is that which can be exercised without anyone's permission. -- Ayn Rand
    from: Textbook of Americanism
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  • Posted by 7 years, 6 months ago
    However, laws of governance and the arbiter of those laws (government) must be aligned with the wishes of the governed to insure their equitable application. It is at this point where most pacts for a civil society fall apart. More to my point, I list five areas of potential failure in the chartering of civility. I've listed them in the order of descending importance (based on my own opinion).

    1_ The governed fails to play an active role in his governance either due to ignorance, distraction, or apathy.
    2_ The arbiter (government) ignores the governed and the law and arbitrates on the basis of self interest.
    3_ The arbiter (government) demonstrates bias by failing to equitably arbitrate the law
    4_ The governed (citizen) can not concur or even negotiate on the proposed laws
    5_ The governed (citizen) can not concur or even negotiate on the proposed arbiter (governor) of the laws

    Here again we often see many opportunities for the disassembling of a civil society by either the citizen, the government or both. The innate inclination of men can invariably incline its head in all endeavors small and large. But you might gather from the above list my deeper concern with point #1 where one's innate instincts are pushed aside to be replaced by apathy. Giving up on an unalienable and natural right is totally foreign to myself. It's a flame extinguished and when enough flames are extinguished, the concerned as well as the apathetic will succumb to the most powerful among us, that being our government or (point # 2). The most imminent danger of proceeding to point #2 is the neglecting of point #1.

    In summation, the overall argument I'm trying to make is that we should not fight the flame that God or Nature has instilled within us. It is our endowment until the final reckoning or until some unforeseen but improbable evolution of mankind. It is incumbent upon us all to keep ourselves and our fellow men vigorously involved in maintaining our civilization especially in this the most blessed country of all. We cannot neglect to defend ourselves from the overreaching hand of a big government that ignores its governed. We cannot expect the tyrant to police itself . Neither a president, nor a legislature, nor a judge will diminish his own pursuit of power by killing his prized cows that provide him with cash and power. As I said before, it is not generally in his nature to do so.

    Like many of you, I often feel angered and depressed by what I see in our heavy handed federal government. Some contributors to this blog suggest that we have but one remaining way (short of bloody revolution) to bring power back to the people. The process they mention would involve the employment of Article V of the U.S. Constitution which would allow the various state governments, when petitioned by their citizens, to make changes to the federal government to bring them into compliance with the people. I am inclined to agree with them. You and I need to take a very close look at this marvelous part of our Constitution and get involved . We also need to encourage the apathetic and doomsayers among us to become involved. We need to help them fuel their dwindling flame before it is extinguished. I think we might find some of that fuel in Article V : A Convention of States. Per previous posts I see that more information can be found at an aforementioned website. I intend to go there and learn. >>>

    http://www.conventionofstates.com/
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    • Posted by $ CBJ 7 years, 6 months ago
      There are 50 states. At least twenty of them are likely in the bag for Hillary Clinton. This indicates to me that a majority of voters in those states are just fine with an overly powerful federal government, and some want to expand its powers even further. In my view, this would doom any attempt to get 2/3 of the states to call for a convention for the purpose of limiting the federal government’s power, let alone getting ¾ of the states to ratify such amendments. Until the political landscape improves, I think our efforts on behalf of liberty are best directed elsewhere. And if the political landscape does improve, a convention might not even be necessary.
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      • Posted by DrZarkov99 7 years, 6 months ago
        Concur. The fix is in for the growth of the state. There are two ways for the state to grow: as a welfare entity, providing the necessary minimum of food, clothing, shelter, and health care to all regardless of circumstances; or as a police state, dictating acceptable behavior and thought under threat of extreme punishment. Most police states begin as a promise to provide for the general welfare, and either by plan or by incompetence, deteriorate into brutal suppression of individual rights. The only case where the reverse of a police state becoming a welfare state happened in Spain, under dictator Francisco Franco.

        A non-violent means of change involves not only the political landscape, but the cultural mindset of the general population, which is now headed in an anarchist direction. If we can avoid a blowup involving violent uprising and suppression by martial law, positive change will be a slow, plodding process, two steps forward, one step back.
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        • Posted by Ed75 7 years, 6 months ago
          Perhaps the first step in achieving a convention of states is to focus on local control in each state by way of invoking Article Ten of the Constitution.
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          • Posted by DrZarkov99 7 years, 6 months ago
            Nullification, which is the refusal to acknowledge the Federal government's overreach, usurping powers not granted to it in the Constitution is the legal weapon. However, any state or person who challenges the Federal juggernaut by invoking the 9th and 10th amendments runs the risk of blackmail, coercion, or punishment. The states have allowed themselves to be bought off by Federal dollars, and run the risk of being cut off from programs that now constitute a significant part of their budgets.
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    • Posted by $ blarman 7 years, 6 months ago
      A great list. Great job! +1

      I think our nation began with all five and each one has been systematically attacked and degraded over the past 200+ years. Because each generation has to be taught anew - must struggle anew in order to gain and retain an understanding of why these principles are important.

      #1. There is no greater failure in our present day than this. Donald Trump's rise to nomination is solely based on an ignorant electorate.
      #2. We've seen no greater examples of this than with Obama.
      #3. We saw no greater example of this than the failure to indict Hillary Clinton.
      #4. From BLM to the Progressives/Democrats, civility is a thing of the past. Oh, and include the climate change debate in there as well.
      #5. Voter Fraud. And enslavement via welfare handouts.
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    • Posted by $ jdg 7 years, 6 months ago
      If item (1) on your list is even necessary, government is broken. It simply isn't doing its job (which is mostly to observe "negative rights") if you have to pay attention to it to be treated justly.
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  • Posted by 7 years, 6 months ago
    Every man at birth is endowed by God and nature with the flame of desire to pursue life, liberty, and property, or should we say happiness. This pursuit is understood by believers in the Creation to be part of the law of God and as such is viewed as an unalienable right of every individual. Likewise, this flame of desire is understood by believers in Darwinism to be part of the law of nature and as such is also viewed as a natural and innate part of the individual . In both cases the flame is an endowment that can not be taken or given away without violating either the moral or natural law of the individual.

    Be that as it may, it is also true that both the proponents of Creationism and Darwinism confirm the propensity for transgression if not aggression among humankind. The Creationist denotes this evil as “original sin”. The Darwinist describes it as one of the inherent mechanisms of natural selection among mankind , the primary driving force being mutation and and subsequent selection via the “survival of the fittest”. Moreover, it would seem that both the Creation and Darwinian proponents agree that these tendencies toward mutual transgression are unalienable in that they can not be easily dismissed from the human condition.

    So it would appear that both camps agree on these two premises :
    Premise 1 . Man as an individual is endowed with the burning desire, whether by God or by nature, to pursue life, liberty, and property to such an extent that the desire becomes an unalienable right.
    Premise 2. Man as an individual is also endowed with a strong and often unalienable inclination, whether by God or by nature, to pursue transgression if not aggression against his fellow man and in so doing trample on the unalienable rights of the other man.

    Encompassed within the realization of these two premises we find some genuine insight into all the historical struggles that have plagued human existence. Some may think otherwise, but there is no real paradox nor contradiction found when analyzing the human condition. It is as it is, whether by God or by nature, an unalienable condition, much of which we would rather do without. But thankfully God and nature also gave us a free will guided by intelligence and reasoning to adjudicate and alleviate that condition And indeed, much of our history revolves around our attempts to do so by the reasoned formulation of laws of governance. The Code of Hammurabi, one of the earliest known deciphered writings on the laws of governance is dated back to 1754 B.C. It consisted of 282 laws, with scaled punishments, among them “an eye for an eye, a tooth for a tooth”. Likewise, in biblical history we find that God gave Moses the Ten Commandments, as His laws of governance for men of “original sin” living among other men of “original sin”. Many of those laws, having stood the test of time and reason during subsequent history, became a standard in subsequent governments, secular and otherwise. The resulting advancement of man into civil society can be attributed in great part to these early laws.
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    • Posted by $ CBJ 7 years, 6 months ago
      Desires are not rights. Ayn Rand did not base her theory of man’s rights on man’s desires.

      The phrase “survival of the fittest” was originated by Herbert Spencer in 1864. Darwin did not adopt the phrase until several years later, and then only in the restricted sense of "better designed for an immediate, local environment." He did not use the phrase to refer to either man’s desires or his aggressive behavior.

      I agree with much of your last paragraph, but the evolution of religious and civil law can be understood and explained without reference to the two premises you proposed above.
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    • Posted by Maritimus 7 years, 6 months ago
      Hello, pathen,

      I would like to make two observations which might clarify some of the thinking on this subject.

      First, we should observe that every living organism is, and has always been, driven to strive to its utmost to enhance three things: survival, procreation and adaptation to its environment. That, I think, is the nature of life on this planet. We can write books of evidence in support of this argument, but they have already been written.

      Second, homo sapience is the only species of living organisms with rational faculties that we are familiar with and use to survive. It took more than two millennia, from Socrates and Aristoteles to Jefferson and another almost two centuries to Ayn Rand to develop a consistent philosophy about meaning of pursuit of happiness, i.e. "life well lived", "good life", "life worth examining" etc.

      I think that by distorting Jefferson's carefully accurate language you confuse yourself and loose focus from the distinction between the individual and the governed state. In my opinion, burning desires and unalienable inclinations are not product of a rational process and thus actions motivated by those must be considered irrational with appropriate consequences to inexorably follow.
      Best wishes.
      Maritimus
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