Transcript The Definition and Classification of 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 Rights.
• All Rights Have Equal Status.
Definition
• 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
Distinctions
• Moral
– [Wishes] Appeal To The Enlightened Conscience
• Legal
– [Power To Sue] Appeal To Codes Of Law
• Positive
– Impose A Duty To Act
• Negative
– Impose A Duty To Forebear [Behave With
Restraint]
Additional Distinction
• Indefeasible Rights
– Rights Which Others Cannot Justifiably
Override
• Inalienable Rights
– Rights Which The Bearer May Not
Renounce
Derivation Of Rights
• Goods [That Are Valued]
• Indispensable Goods/Values To
Achieve Specific Goals
• Assertion Of Moral Rights [Wishes]
• Codification Of Legal Rights [Structured
Protections And The Ability To Sue]
Why A Bill Of Rights
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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
U.S. Constitution
Amendment 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.