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Philosophy
In reply to the discussion: Do rights exist? [View all]discntnt_irny_srcsm
(18,578 posts)19. re: "...the right for an individual to be treated equally under the rule of law."
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."
"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."
"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
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I'd say it depends very much on which school of ethics you subscribe to.
Fortinbras Armstrong
Aug 2013
#8
"Whether you know it or not, among the French and Germans, right means law."
Fortinbras Armstrong
Nov 2014
#33
I used an idiom that I'm sure you've heard at least a thousand times
Fortinbras Armstrong
Dec 2014
#44
re: "...the right for an individual to be treated equally under the rule of law."
discntnt_irny_srcsm
Sep 2013
#19