Difference between revisions of "Inalienable Rights"
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|HasSummary=Start of article about inalienable rights. | |HasSummary=Start of article about inalienable rights. | ||
|HasArticleText=Belief in the existence of a set of rights vested in every person is fundamental to the concept of liberty. It is the central premise of the founding of the United States of America and it is a premise of Civicwiki. Such rights have been referred to as 'natural', 'God-given', and 'inalienable'. Each of these mean that such rights exist without choice on our part. Inalienable means "incapable of being alienated, surrendered, or transferred" - according to Merriam Webster. They cannot be transferred, withdrawn, or denied. | |HasArticleText=Belief in the existence of a set of rights vested in every person is fundamental to the concept of liberty. It is the central premise of the founding of the United States of America and it is a premise of Civicwiki. Such rights have been referred to as 'natural', 'God-given', and 'inalienable'. Each of these mean that such rights exist without choice on our part. Inalienable means "incapable of being alienated, surrendered, or transferred" - according to Merriam Webster. They cannot be transferred, withdrawn, or denied. | ||
| − | John Locke was an English political theorist who wrote about the origins of political power in the 17th century. His <u>Second Treatise of Government</u> (written in the 1670s) was known and quoted frequently by Americans in the 1770s. This article relies heavily on Locke's writing, plagiarizing and quoting it freely. See, in particular, Chapter 2. | + | John Locke was an English political theorist who wrote about the origins of political power in the 17th century. His <u>Second Treatise of Government</u> (written in the 1670s) was known and quoted frequently by Americans in the 1770s. This article relies heavily on Locke's writing, plagiarizing and quoting it freely and was, thus, influenced our founding documents. (See, in particular, Chapter 2). We will also draw from founding documents such as the [http://www.archives.gov/exhibits/charters/declaration_transcript.html Declaration of Independence], the Constitution of the United States, sources such as F.A. Hayek's <u>Constitution of Liberty</u>, Alex deTocqueville's <u>Democracy in America</u>, and other sources as other editors introduce them - this being a rich subject. |
| − | == | + | ===Fundamental Rights=== |
| − | To understand the rights of political power, one must understand the natural state of all men. | + | According to Locke: To understand the rights of political power, one must understand the natural state of all men. |
*'''Personal freedom''': That state is one of freedom to order their own affairs and to dispose of their goods, services, and time as they see fit - "within the law of nature, and without asking leave, or depending upon the will of any other man". | *'''Personal freedom''': That state is one of freedom to order their own affairs and to dispose of their goods, services, and time as they see fit - "within the law of nature, and without asking leave, or depending upon the will of any other man". | ||
| − | **The words in quotes tell us that your inalienable rights may not legitimately be restricted by others. | + | **The words in quotes tell us that your inalienable rights may not legitimately be restricted by others. |
| + | **This is a broad and sweeping declaration making personal freedom the central concept that legitimate government must take into account. It sounds unlimited, but there are, of course, limitations - and we will get to that. | ||
*'''Equality''': Where such rights are concerned, all men are alike. | *'''Equality''': Where such rights are concerned, all men are alike. | ||
**"all the power and jurisdiction is reciprocal, no one having more than another . . . without subordination or subjection, unless the lord and master of them all should, by any manifest declaration of his will, set one above another, and confer on him, by an evident and clear appointment, an undoubted right to dominion and sovereignty". | **"all the power and jurisdiction is reciprocal, no one having more than another . . . without subordination or subjection, unless the lord and master of them all should, by any manifest declaration of his will, set one above another, and confer on him, by an evident and clear appointment, an undoubted right to dominion and sovereignty". | ||
| − | ***It is interesting that | + | ***It is interesting that Locke allows the possibility that God might set one above the rest. This is a point that could be debated. Monarchs often claimed divine right, but Locke would likely deny the divine right of Kings or Queens. |
*'''Rights are a state of liberty - not license''': Being all equal, none may cause harm to another | *'''Rights are a state of liberty - not license''': Being all equal, none may cause harm to another | ||
**"in his life, health liberty, or possessions . . . and being furnished with like faculties, sharing all in one community of nature, there cannot be supposed any such subordination among us that may authorize us to destroy one another, as if we were made for one another's uses, . . ". | **"in his life, health liberty, or possessions . . . and being furnished with like faculties, sharing all in one community of nature, there cannot be supposed any such subordination among us that may authorize us to destroy one another, as if we were made for one another's uses, . . ". | ||
**As we are each bound to preserve ourselves, when our own survival is not at stake, we are also bound to preserve mankind in general. We may not, ''except in the name of justice due an offender'', impair life, or what is used to reserve life, liberty, health, or possessions. | **As we are each bound to preserve ourselves, when our own survival is not at stake, we are also bound to preserve mankind in general. We may not, ''except in the name of justice due an offender'', impair life, or what is used to reserve life, liberty, health, or possessions. | ||
*'''Restraint from invading the rights of others''': We may be restrained from invading the rights of others or of doing hurt to one another. | *'''Restraint from invading the rights of others''': We may be restrained from invading the rights of others or of doing hurt to one another. | ||
| − | **So | + | **So. we and others may, by the nature of our fundamental rights, act to "preserve the innocent and restrain offenders". |
*'''The source of power of one over another''': It is the right to restrain offenders that allows a power of one over another. | *'''The source of power of one over another''': It is the right to restrain offenders that allows a power of one over another. | ||
**But this is neither absolute nor arbitrary power. Criminals must be dealt with dispassionately and with justice proportional to the transgression | **But this is neither absolute nor arbitrary power. Criminals must be dealt with dispassionately and with justice proportional to the transgression | ||
| − | **An offender transgresses the law of nature - living by rules other than those of reason and common equity, and so becomes dangerous to mankind. Anyone may, therefore, act to restrain the offender. | + | **An offender transgresses the law of nature - living by rules other than those of reason and common equity, and so becomes dangerous to mankind. Anyone may, therefore, act to restrain the offender., |
|HasAuthor=Jeff | |HasAuthor=Jeff | ||
|HasArticleDate=2014/01/30 | |HasArticleDate=2014/01/30 | ||
}} | }} | ||
Revision as of 12:12, 22 March 2014
Start of article about inalienable rights. 2014/01/30 User:Jeff
