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RIGHTS

RIGHTS. DEFINITIONS DISTINCTIONS DERIVATION. MISUNDERSTANDINGS ABOUT RIGHTS. THE ASSERTION OF A RIGHT = THE EXISTENCE OF A RIGHT RIGHTS ARE SELF-EVIDENT THE ASSERTION OF A RIGHT ENTAILS NOTHING BEYOND THE ASSERTION THERE ARE NO SUBSTANTIAL DISTINCTIONS BETWEEN KINDS OF RIGHT

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RIGHTS

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  1. RIGHTS DEFINITIONS DISTINCTIONS DERIVATION

  2. MISUNDERSTANDINGS ABOUT RIGHTS • THE ASSERTION OF A RIGHT = THE EXISTENCE OF A RIGHT • RIGHTS ARE SELF-EVIDENT • THE ASSERTION OF A RIGHT ENTAILS NOTHING BEYOND THE ASSERTION • THERE ARE NO SUBSTANTIAL DISTINCTIONS BETWEEN KINDS OF RIGHT • ALL RIGHTS HAVE EQUAL STATUS

  3. DEFINITIONS • BASIC DEFINITION • CLAIM BASED UPON AN IMPORTANT VALUE, • RECOGNIZED BY THE COMMUNITY, • IMPOSING A DUTY ON ANOTHER TO ACT OR FOREBEAR, • THEREBY PROTECTING THE CLAIMANT IN THE PURSUIT OF THE VALUE. • RIGHTS CONFER POWER AND PROTECTION • RIGHTS LANGUAGE IS OFTEN ADVERSARIAL

  4. ALTERNATIVE DEFINITION • A RIGHT ENTAILS AN OBLIGATION OR DUTY IMPOSED ON ANOTHER, REQUIRING A CONSENSUS IN IDENTIFYING THE BEARER OF THE DUTY, TO ACT OR FOREBEAR IN A WAY, WHICH PROMOTES THE GOOD EMBODIED IN THE RIGHT FOR THE WELFARE OF THE CLAIMANT.

  5. DISTINCTIONS • MORAL • [WISHES] APPEAL TO THE ENLIGHTENED CONSCIENCE • “HUMAN RIGHTS” FLOW FROM HUMAN NATURE • LEGAL • [POWER TO SUE] APPEAL TO CODES OF LAW • POSITIVE • IMPOSE A DUTY TO ACT • NEGATIVE • IMPOSE A DUTY TO FOREBEAR [BEHAVE WITH RESTRAINT]

  6. ADDITIONAL DISTINCTION • INDEFEASIBLE RIGHTS • RIGHTS WHICH OTHERS CANNOT JUSTIFIABLY OVERRIDE • INALIENABLE RIGHTS • RIGHTS WHICH THE BEARER MAY NOT RENOUNCE

  7. DERIVATION OF RIGHTS • GOODS [THAT ARE VALUED] • Colonists Coming to America (17th & 18th Centuries) • INDISPENSABLE GOODS/VALUES TO ACHIEVE SPECIFIC GOALS • Colonists Developing Goods/Values for Self-Determination (18th Century) • ASSERTION OF MORAL RIGHTS [WISHES] • U.S. Declaration of Independence (1776) • CODIFICATION OF LEGAL RIGHTS [STRUCTURED PROTECTIONS AND THE ABILITY TO SUE] • U.S. Bill of Rights (1791)

  8. WHY A BILL OF RIGHTS • A MAJOR PART OF DEMOCRATIC INSTITUTIONS • REDUCES CITIZEN VULNERABILITY • PROTECTS CITIZENS FROM EXCESSES • EMPOWERS CITIZENS • GIVES CITIZENS A VOICE • GIVES CITIZENS STANDING • ALLOWS CITIZENS TO PARTICIPATE IN THE DETERMINATION OF THEIR DESTINY

  9. U.S. CONSTITUTIONAMENDMENT XIV; SECTION 1 • 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 ABRIDGES 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.

  10. FUNDAMENTAL RIGHTS • ENTITLED TO THE CONSTITUTION’S PROTECTION • “OBJECTIVELY, ‘DEEPLY ROOTED IN THIS [SOCIETY’S] HISTORY AND TRADITION,’ AND ‘IMPLICIT IN THE CONCEPT OF ORDERED LIBERTY,’ SUCH THAT ‘NEITHER LIBERTY NOR JUSTICE COULD EXIST IF THEY WERE SACRIFICED.’” • Washington v. Glucksberg. U.S. Supreme Court (1997).

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