; RIGHTS
Documents
Resources
Learning Center
Upload
Plans & pricing Sign in
Sign Out
Your Federal Quarterly Tax Payments are due April 15th Get Help Now >>

RIGHTS

VIEWS: 6 PAGES: 10

  • pg 1
									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
• ALL RIGHTS HAVE EQUAL STATUS
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
   – “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]
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]
  – 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)
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
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.
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).

								
To top