androbot01 wrote:
adifferentname wrote:
Nobody has intrinsic rights. Rights are granted by societal agreement and the laws which enforce those agreements. If humans had intrinsic rights, they'd apply at the point of conception, not birth.
Ah, this is a point of disagreement for us. I believe rights are intrinsic and people have to figure them out. If rights were something granted by society they would have no meaning.
What gives rights their power? Is it the enforcement of those rights, or is it the claiming of those rights? If you believe people have to figure rights out, how on earth can you hold any opinion regarding rights with the assumption that you've arrived at the right conclusion? Who is the authority over said rights? When you divorce rights from human authority,
that is when they become wholly arbitrary.
The only rights I'm interested in are those granted and enforced by law, as those are the only rights I am empowered to uphold and defend.
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adifferentname wrote:
The granting of any rights would seem arbitrary to someone who cannot understand the rationale behind doing so.
Or, it could just be arbitrary.
If you mean in the sense of "according to preference" then all rights are arbitrary. If you mean "capricious and poorly-considered" then no, they've been through a process of legal and moral refinement for thousands of years.
kraftiekortie wrote:
We are fortunate, indeed, that the Founding Fathers (e.g., people with divergent political opinions like John Adams and Thomas Jefferson) all believed, in general, in the concept of "natural rights."
In what way are you fortunate? It took 20th century lawmakers to extend those rights universally. You should express your gratitude to SCOTUS.
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How they interpreted them, and how they actually applied these concepts, lies at the crux of the differences.
Most of the Founding Fathers believed that these rights were "inalienable," and not arbitrary, human creations.
"Inalienable" and "arbitrary" are not mutually exclusive. If the ideology of the Founding Fathers was sufficient authority, you wouldn't have required the 14th amendment. I'd also be wary of invoking the Founding Fathers if you're pro-choice. This is what that "most learned and profound legal scholar of his generation" James Wilson had to say:
"With consistency, beautiful and undeviating, human life from its commencement to its close, is protected by the common law. In the contemplation of law, life begins when the infant is first able to stir in the womb. By the law, life is protected not only from immediate destruction, but from every degree of actual violence, and in some cases, from every degree of danger."By "stir in the womb" he's referring to "quickening", which occurs as early as 13 weeks into a pregnancy. If your go-to authority on human rights are the Founding Fathers, that's your marker.
kraftiekortie wrote:
Without the concept of "natural rights" (even if they were "human creations"), we would probably still be stuck in medieval patterns of thought as far as how government relates to the people.
There are no natural rights in UK law. Last I checked, we weren't running around in sackcloth rags and deferring all disputes to the local nobleman.