Transcript RIGHTS
RIGHTS DEFINITIONS DISTINCTIONS DERIVATION 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 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. 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] 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 SHAL 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.