Rights. When do they apply?
When does an individual have Rights?
It can be argued that Rights come from the moment of birth. It can also be argued that a person need comprehension to know of his/her Rights, to understand them, to claim them, and to insist on those Rights being respected.
Why would birth be a deciding factor in inheriting Rights? Would not the formation of cells within a woman, once society determines she's not having a chicken, cow or kangaroo, have Rights?
When does a birthed child assume Rights? Where does a parents obligatory Right to all aspect of that child's life and well being end?
How does a newborn have Rights whereas 6 months prior he/she had none? Does dependency factor in? Perhaps a certain amount of self awareness, comprehension and understanding?
I fell into a conversation with another group about the female genital mutilation that recently happened and it raised some questions about Rights, society and family.
I'm curious what my friends here say on the matter.
I've recently read on the topic:
Second Treatise of Government by Locke
John Locke: Natural Rights to Life, Liberty and Property by Jim Powell
John Locke and the Natural Law and Natural Rights Tradition by Steven Forde (http://nlnrac.org)
It can be argued that Rights come from the moment of birth. It can also be argued that a person need comprehension to know of his/her Rights, to understand them, to claim them, and to insist on those Rights being respected.
Why would birth be a deciding factor in inheriting Rights? Would not the formation of cells within a woman, once society determines she's not having a chicken, cow or kangaroo, have Rights?
When does a birthed child assume Rights? Where does a parents obligatory Right to all aspect of that child's life and well being end?
How does a newborn have Rights whereas 6 months prior he/she had none? Does dependency factor in? Perhaps a certain amount of self awareness, comprehension and understanding?
I fell into a conversation with another group about the female genital mutilation that recently happened and it raised some questions about Rights, society and family.
I'm curious what my friends here say on the matter.
I've recently read on the topic:
Second Treatise of Government by Locke
John Locke: Natural Rights to Life, Liberty and Property by Jim Powell
John Locke and the Natural Law and Natural Rights Tradition by Steven Forde (http://nlnrac.org)
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For the nature and source of rights see Ayn Rand's essay "Man's Rights".
"'Rights' are a moral concept—the concept that provides a logical transition from the principles guiding an individual's actions to the principles guiding his relationship with others—the concept that preserves and protects individual morality in a social context—the link between the moral code of a man and the legal code of a society, between ethics and politics. Individual rights are the means of subordinating society to moral law."
And:
"A 'right' is a moral principle defining and sanctioning a man's freedom of action in a social context. There is only one fundamental right (all the others are its consequences or corollaries): a man's right to his own life. Life is a process of self-sustaining and self-generated action; the right to life means the right to engage in self-sustaining and self-generated action—which means: the freedom to take all the actions required by the nature of a rational being for the support, the furtherance, the fulfillment and the enjoyment of his own life. (Such is the meaning of the right to life, liberty, and the pursuit of happiness.)"
Are Rights subject to an arbitrary number imposed to society? Or is the matter of comprehension involved? Or does simply being alive entitle someone to fundamental Rights to life, liberty and property?
A person dropped into an environment with no other human around would certainly have Rights, no?
By what right does ANYONE assert their authority, for ANY reason, to do ANYTHING with that unborn child?
I contend, and always will, that the time for the mother to be to assert her right was before she lay with a man.
This is straying off topic. I'd rather shy away from the abortion discussion.
There is a whole spectrum along this. There could be a condition where she might die. Or she could have a cancer that might kill her anyway but is less likely to if she does a treatment that kills the fetus. There's also the scenario where she must be in constant bed rest or risk killing the fetus. In that scenario, do we use force to make her stay in bed? It would be nice to see technology to incubate fetuses and even embryos, so the fetuses' welfare isn't weighted against the rights of the person carrying them.
What the author of the paper does is examine other legal documents of the times and how they treat the legal idea of a "person". From those, he is convinced that the Amendment as written for that time would surely include the unborn and that only modern legal arguments of the past 50 years have brought any question into the matter.
There can be no "bigger" right and these fundamental Rights are not an entitlement. If all else is stripped away these Rights are what a person has by simply "being".
A Harvard law legal study analyzing original intent concluded that the 14th Amendment covers the unborn. It's an interesting legal analysis.
That seems a bit off to me. I do understand where she's coming from. Should one have to qualify, measure up, to have the most fundamental Rights? Certainly those without the mental capacity to assert their Rights need representation (family, a loved one, etc.) but the slouch that sits on his couch waiting for the next welfare check, as deplorable as that is, forfeits his fundamental Rights?