Human Rights

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lalaurentide
It's not that I don't like or disapprove of the common English usage, but if I look at an encyclopedia or a dictionary the definition of right is the same across both language. Definition doesn't change my original argument that if one of your right is violated you no longer have that right until its restoration though.
OK

noun
1. a just claim or title, whether legal, prescriptive, or moral: You have a right to say what you please.
2. that which is due to anyone by just claim, legal guarantees, moral principles, etc.: women's rights; Freedom of speech is a right of all Americans.
3. adherence or obedience to moral and legal principles and authority.
4. that which is morally, legally, or ethically proper: to know right from wrong.
5. a moral, ethical, or legal principle considered as an underlying cause of truth, justice, morality, or ethics.

Odd how when I searched for a dictionary definition the very first link distinguishes a difference between legal or moral in nearly every usage of it as a noun.

You said it yourself.
lalaurentide
As I said, I use the term moral truth to define what is morally absolutely objectively right regardless of culture and period, you use the term right to describe that same concept.
Why are you arguing that us using a term to describe something you recognize but use a different term for makes us wrong? It is semantics. Moral truth = innate right. Rights are commonly referred to in that way in legal, media, activist, and personal usage. If you feel that is incorrect then start contacting every politician, activist group, and media outlet and explain that they are wrong. Common usage, and eventually accepted proper usage of language derives from those sources.

I mean, come on:

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You expect us to not say rights when even books are titled that way?

Or when the US Declaration of Independence uses unalienable rights being violated by British law as reasoning for the declaration?

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.
THE founding document of the US refers to unalienable rights in its opening paragraph.

And political pundits debate laws violating rights in our media every single day. You will never stop people from calling what you call moral truths rights. Simply put, society has deemed that to be correct usage. I guess by your definition, that makes it our right.

Even innate, if society decides to take your freedom away from you and put you in a cell, you may be entitled to it philosophically but you won't have the right of freedom realistically. In my opinion the most accurate description is the factual approach. People disagree with me, but I think we can put it to rest. No matter how we look at it, it would not change the reality of someone put in that situation.
Violating a right/moral truth/whatever does not make it nonexistent. I live in a country founded based in that ideal. Do I live in an illegal society founded on illegal principles or do the unalienable rights, as my forefathers called them, make the creation of my country morally just and above British law?

The list:
All those laws are aimed at protecting you and others from harm, lessen the burden of invalidity and sickness on society, or provide for services like access to drinking water.
Then please explain each one and how they do that.

Wealth [usually] equates to a higher standard of living, wasted resources is less well being, harm is self-explanatory and taxes do many helpful things one of them being fighting hurt.

As ridiculous as the moonshine and Sunday alcohol laws may sound, probably never did much and antiquated, they were thought of and put in to place for your nation's well being, or at least what was thought to improve it. You could keep going but I wouldn't ask you to, if you find one it's the exception. I'm telling you, laws are moral values that made it into the big leagues to become [civil] rights. Nothing in the law book is fortuitous or gratuitous, they all have the purpose of our rights and well being, why would we waste time and energy on laws that aren't related to the subjective experiment that is mankind or other sentient beings? Just like you won't find a law protecting something that can't hurt and flourish, chances are almost all of them are about the rights we gave each other.
So, the fact that I can find people who will admit that certain laws are implemented simply to bring in more money or that some states even have laws against an ice cream cone in your back pocket on a Sunday or some such means?

And before you call it the exceptions again, there is a whole site dedicated to dumb laws around the world.

http://www.dumblaws.com/

Huh, I can only sell dyed blue ducklings if I sell six or more, no fishing with a bow and arrow, my dog can't molest cars in Ft Thomas (I'm going to a wedding there next month), and anal sex is illegal in Owensboro. I need to keep that in mind.

Of the still active laws they list in my state of Kentucky the only one that makes any sense is the Owensboro law against a woman buying a hat without her husband present. That should apply to all shopping, to be honest. And it makes spotting the single ladies pretty easy.
 
I speak french, this is where I do not understand at all what you mean.

Even in French there is a considerable difference between "Your argument is wrong, this is why" and "Your argument is wrong because you're stupid.".

Discuss why the argument is wrong. Discussing why someone's username is wrong or why they are too stupid to "wrap their head around" your argument simply because they disagree with you is not acceptable.


Why are you arguing that us using a term to describe something you recognize but use a different term for makes us wrong? It is semantics. Moral truth = innate right. Rights are commonly referred to in that way in legal, media, activist, and personal usage. If you feel that is incorrect then start contacting every politician, activist group, and media outlet and explain that they are wrong. Common usage, and eventually accepted proper usage of language derives from those sources.

I mean, come on:

You expect us to not say rights when even books are titled that way?

Or when the US Declaration of Independence uses unalienable rights being violated by British law as reasoning for the declaration?

THE founding document of the US refers to unalienable rights in its opening paragraph.

It's no different in French. They even use the same sentiment - droit (meaning a right or the direction of right) - and often confuse it - with the word loi (meaning a law or statute) - in the same manner. Such as in the "droit de seigneur" ("the right of a lord"), the legal permission for a landowner to take the virginity of his serf's daughters (traditionally on her wedding night, since they weren't allowed to have sex before marriage).

And political pundits debate laws violating rights in our media every single day. You will never stop people from calling what you call moral truths rights. Simply put, society has deemed that to be correct usage. I guess by your definition, that makes it our right.

Zing.
 
So looking specifically for the requirement "ability to observe rights"

Animals are NOT equal to man even if you believe in evolution. The strongest and smartest survive. That puts humans above animals from a scientific and spiritual point of view.
Sure, there are scientific differences - but why do those necessarily translate into rights? If aliens landed here and were far more evolved than we are would they have more rights than us?
What about people that aren't able to comprehend the concept of rights. People like Terri Schavio or perhaps people who have down syndrome (or some other problem) - or Karl Marx.

This is indeed still the discussion.

But analyzing who gets what rights taken away when is all a matter of justice... and punishments aren't typically decidable along philosphical lines. For that reason, I'm not particularly interested in figuring out which punishments are adequate and when. I'm not interested in what's a fair (just) way to treat someone who has shoplifted. I'm more interested in the philosphical underpinnings.

Not clear if I understand your point correctly. But for me rights can be logical, but justice can not, it is a value statement inherently subjective.
In the last pages that was a major mix up and inherently there is not a lot of sense in discussing the subjective.

Show me an animal that understands rights and when they aree being infringed upon, and not just reacting instinctively, and I will show you an animal with rights.
The difference between humans and animals is we were created with / evolved to have, the ability to understand rights, an ill human is still a human created with the ability to understand his rights, illensses can prevent them from understanding but thats the illness preventing them.
I think that the reason human beings have rights is because we're self-aware. We have the capacity to understand injustice, and we have to have the capacity to understand our own nature to be able to accomplish that. I think with self-awareness comes a basic understanding of justice - even if communication isn't possible. ...
Most animals are not self-aware - and I think without that you can't have rights, because you can't understand them. You have to be capable of respecting the rights of others in order to have rights ...
...It isn't because we are human, it is that we have self-realization and emotions, feelings and actions that go beyond the instinctual. We can recognize that we have rights. We only say humans because they are the only creatures that we know without a doubt meet that criteria. ... we are a sympathetic race and would extend them those same rights the same we do people who are mentally handicapped or infantile and cannot recognize a violation of rights. ...
Any child born into a vegetable state does not and will not have a full range of rights.... The reason we have rights is that we have higher order brain functions (which makes a difference in ways that you and I already agree on). When those brain functions are not present, we don't extend a full suite of rights.
... Men created without higher order brain capability are NOT created equal in the eyes of justice because there is nothing to distinguish them from animals.
Human beings have rights for several reasons - many of which are tied up in their capacity to understand and control their actions. When someone no longer has ... AH HA! What if someone goes crazy?? They lose many of their rights, why? Because they've lost the ability to understand and control their actions. Without properly functioning high level brain functions rights cease to exist - because the human being has no ability to respect the rights of others (as I described earlier with criminals). We don't draw the line at the species level - we make distinctions based on each person's mental capacity. Most people have a functioning brain and can maintain righst. But as soon as someone's brain stops functioning, or functioning properly, we take those rights away. The lunatic is robbed of his freedom. The criminal (who has demonstrated that his brain is not functioning properly by violating someone else's rights) is also robbed of his freedom - as are the elderly when they are no longer mentally or physically capable of respecting the rights of others. We lock them all up, rob them of their "god given" rights because they're uncapable mentally or physically of "earning" their rights by be capable of respecting the rights of others.
Why make a difference between mentally ill and common criminals? Because criminals DO understand that they at least violated a law, and if faced with that same violation being done to them suddenly understand that the right is being violated. Then if they show that they understand they violated someone's rights and they are apologetic shoudl we let them back out, no matter the crime? Should we just use death sentences for all mentally ill patients? They can't, and won't understand rights. Just kill them now, they are no better than an animal, right? ...
...the difference between the mentally ill and common criminals. One understands that they did something wrong, the other does not. That also prescribes the difference between locking up criminals (justice) vs. locking up the mentally ill (protection)....The mentally ill are an odd case because they understand some things but not others (and it varies by case). It would be difficult to judge which rights they should get and which they should not. The same is generally true of criminals, so we restrict ourselves to only taking away their freedom, the right to vote, the right to purchase firearms, etc.
You're getting hung up on this "understanding" business. The only reason I mention that understanding rights is important is because if you don't understand the rights of others you can't observe them. But you, being a healthy human adult, have to demonstrate that you don't, won't, or can't respect the rights of others before yours need to be taken away from you. Being capable (this is a very basic capability) of understanding what you can and cannot dois necessary before you can avoid breaking the rules.
The reason humans have rights is because they're self-aware. It follows then that if a human is not self-aware, it doesn't have rights.
I'm not so sure plants have any self-awareness to speak of. But I am sure they're not pointing their guns at me, so if I feel like taking that tomato plant's fruit I'm going to take it....I'm pretty sure the idea of self-awareness has been covered at length in this thread previously, but it's fun to do it again.
Plants don't expect anything, that's the point. ...Plants don't have a mind, they can't think, they have no self-awareness, they can't learn, they can't any of that. It's not that they don't understand and we should help them out, it's that they can't understand why rights are important. Therefore, they have none. ...
.... yes, you can kick a plant around however you want. It has no rights since it cannot comprehend or observe rights. Similarly, if a human being demonstrates a lack of comprehension of human rights, that human being is stripped of some of his rights in our society as a result (imprisoned). This is how our society functions, and it functions that way for a reason (rationality), not because it is arbitrary or subjective that murderers aren't entitled to freedom.

I thought that was sufficient as examples ....

Dogmatic, no reasoning in this.
The point that needs to be proven is that if you do not understand something it does not apply to you.
Logical rights are universal innate but do not apply to living creatures unable to understand them. Now change Logical rights with something else universal innate like gravity.

I have no issue that someone says this is needed but dogmatic (I can not believe anything else) and admits the subjectiveness of their system, but do not call it logic.

It seems we started this longer ago then I remembered:
From the very definition of rights, they exist only for those that can comprehend and observe them. This is why animals and plants have a subset or, in many cases, absolutely no rights. The reason rights exist is because of our cognitive abilities to understand why they must. Without that, there are no rights.

I still miss to see the definition of rights that supports this.
Basically I say a "right is something that can be defended ..."
I see no logical requirement to add "you have to be able to defend it yourself" or "you need to be able to consent to the defence put up for you", etc...

If you believe that animals, plants and everything living have the same compliment of rights, then you're forced to do away with man's rationality, and without rationality there is no justice, no civilization, and no end to the atrocities that may be permitted.

I agree on the justice, civilisation part.
Man´s rationality gives him a unique ability of judging, it does not change any rights, not mine, not the migrant´s, not the "not civilised", not the cow´s...

You need the ability to understand rights to be able to judge, that is easy to prove. But judging is subjective by definition.

You have to be capable of respecting the rights of others in order to have rights ...
And the basics here are undeniable. We strip people of their rights when they demonstrate an inability or unwillingness to respect the rights of others...There's the ends, the means, and the justification. The ends don't justify the means and the means don't justify the ends. The justification is in the beginning. The ends desired are totally separate from the justification. Perhaps you want to lock someone up to protect yourself or others from that person. But that doesn't justify doing it. The justification is in the violation of or demonstrated inability to respect someone else's rights.In some cases the ends desired is punishment. In other cases, protection. In other cases, reform. But the justification lies with none of those objectives.
We agree that if you violate rights that you open yourselve to a defence from the person who´s right were violated. If you do not violate the right you are free.
You do not have to understand the right to respect it, if you instinctly respect the right, e.g. your instinct is to run, you have the right to run and not be shot for it.
... Drawing the line at a particular species is completely arbitrary. That's one of the very basic things this thread is getting at - why, fundamentally, normal human beings are different than animals. The reason for our rights can't simply be that we're human and they're not. It has to have some defensible logical motivation.

Rights are inalienable for the people that have them. But people that don't qualify can't be alienated from rights they never had. For a moment, pretend that a monkey was classified as human as well. Pretend that our species was bi-modal and that some of us had very low intelligence (like a monkey) and others did not. Would we extend rights to these monkey-people? I would say no.

I'm trying to get you to ignore the arbitrary distinction set by species and see rights as something less subjective.

But this does not make it less subjective, it just states that the difference between monkey and people with a Down Syndrom or Authism is subjective.

It actually supports that you need to formulate a definition of rights with a clear need for the ability to comprehend. I did not find a logical definition like this.

Vince_Fiero
Also, I'm still convinced you are just in denial about acting as an ubermensch, your human rights, your equality of man principle, your rationality (remember judgment = subjective). That we have to discuss it, seems to me making clear it is not as fixed as you state it.
It makes it clear that not everyone understands the basis of civilization. It doesn't make it clear to me that I'm wrong. Your lack of understanding will never prove to me that I'm wrong. You're going to have to approach debunking my claims in the language they're written - rationality. I'd suggest to you that you want to fail at this, however, because what I've described is a framework for peace and prosperity.

My lack of understanding is indeed as shown above on missing premiss, definition and logic from the people that claim: "if you do not understand something it does not apply to you. "
 
My lack of understanding is indeed as shown above on missing premiss, definition and logic from the people that claim: "if you do not understand something it does not apply to you. "

Nobody is saying that.

What is being said is that if your brain is incapable of understanding something, your behavior will reflect that fact. And that (predictable) behavior results in others logically being able to behave in a manner consistent with your actions.
 
Yes, they violated rights, rights we have HERE and NOW, otherwise, how would it have happened? We evolved, nature stays the same, the laws of physics have been consistent with then, we didn't. So what changed? There's your answer, that's where to look for evidences.

I value your well being, I believe we should protect you as much as we can from pain and suffering, both psychological and physical. Nature don't care about you. Ask a rock.

I think the term natural rights is a confusing point for you.
Natural law/rights were already discussed by Plato and Aristotle, they do not say nature protects you from violations, it just states rights is something that comes naturally to you. This has the disadvantage that you see, that you do not have a written reference point, but has the advantage that they are constant in time and universal.

What changed is judgement, in the past agressors were not brought to justice for some vioalations of natural rights, violations that are now brought to justice. The rights did not change, the justice did. More on this below.

It's not that I don't like or disapprove of the common English usage, but if I look at an encyclopedia or a dictionary the definition of right is the same across both language.

You should look up natural law instead. It is confusing, but rights have been abused in laws, dictionaries, etc ...that is why most here do not follow what is already written.

What we state here is think, logically and come with conclusions from that. Making a reference to a mistake in some book is not helping, we actually think it is very easy.

Personally I started the same, but I could not find a definition of rights that made sense going through dictionaries, I'm still reading basic works like Kant, Locke, etc ... to come to a view that shows the advantages and disadvantages of different approaches.

The simple fact of existing does not entitle me to live free of harm.

That is something we all can confirm here.

I have as much of an objective right to my life as the outside world as an objective right to end it.

I think what you are missing here is the consequence of your logic, if you accept anyone to do harm to you, you can do harm to anyone.

It is actually one of my issues with rights.
1) If you approach it from the positive side (like most here), you see people innocent and respect rights, that puts the advantage is with the attacker (the one that violates rights.)
2) If you approach it from the negative side (I'll never have my rights respected) you better violate the rights of others first. What kind of society does that give you?

When we speak in objective terms, nature grants us no privilege beside being the sole writer of our thoughts (I am ruling out the subconscious here). Everything outside your brain is SHARED.

I can accept that everything outside of the brain interacts,I can accept nature grants us no priviledge, we have to fight for our rights.
But how do you know when to pick a fight against unjust laws, by understanding natural rights.

That is why I asked Fiero about is "natural" right idea, it doesn't make any sense to speak that way. A right is an entitlement, nature entitles us only to our mind. It's a very short discussion, that doesn't help us.

I think it is short for you.
Yes nature only entitles us to us (I doubt I'm only a mind, actually in my vision I'm a pure physical process, I have trouble linking a concept like "mind" to the electron exchanges in my brain) and apparently something like logic. This logic is something universal that allows us to communicate, discuss, argument.

... I am not arguing that we have no rights, but that they are not granted to us by nature, but society. We are the SUBJECT of this experiment. Our rights are not "God given", they're human decided.

Laws are human decided (even Sharia) that is your point.
We keep saying that Robinson Crusoe on his island could think about rights, logically and would come to the same conclusions as anybody else (if the person can make sufficient abstraction from preconception). This without a society.

And does that mean you also think natural rights is a non-nonsensical concept?

Natural rights is a non-nonsensical concept, I confirm, it is based on logic.
Justice is something completely different and that you get justice is a priviledge that our forefathers have fought for and this is part why we do the discussions here to assure more justice for the future.

By the way, at the beginning, when you talk about the right to live, you are actually mistaking "the reality of existing" for "the right to exist", two completely different concept.

We had some discussions about objectivity in this domain. Can we prove we exist?
It seems somehow that we have the impression that we can do something (e.g. a gravity experiment) and have it written down and have the impression someone else does the same coming to the same conclusion. That proves there is something objective in our reality of existing.
Same thing with rights, you can write down the logic and someone else can verify the logic.

No if you have no right to exist anyone can kill you and you can not defend yourself, since you do not have any basis to defend yourself, it is only your reality of existing that stops.

They will tell you the only right they have is how they feel about it.

No slaves will not tell you they have no right to be free, they will say you are correct, but it does not help them and they are in position that they can not do anything about it.

Look at the Arab spring, one guy committed suicide since his life was not worth living without his rights being respected. The others agreed and risked their lives to defend their rights.
If they had not logically looked at rights they had accepted the dictatorship in place.

Nature did not gave them any right to enable liberation from that, not even the right to live.

You have, like most, a misconception of what a right is. A right is something you can defend that restricts the actions of not innocent others.

Even if you can not get it, because the fittest does not allow you to get your right respected, you can defend it with arguments.

"The right to live" is nothing more then you can defend to stop people from taking an action that will kill you immediately. It does not mean that if you go walk in the mountains and break a leg that someone needs to come and safe you.

Nature did give them a weapon for liberation, natural rights, argumentation based on logic. It actually worked.

I am not saying those atrocities were right, because I'd need natural rights to argue that and I don't believe in natural rights.

If you say you do not believe in natural rights, you actually state the one at power can decide about me. They just have to

Until WE decide, what WE value, and protect it, those things happen, because nature did give those people the "right" to do those atrocious things.

No, it gave them the ability.
Indeed those people had the possibility to do those atrocious things, not the right.

What we value comes back in our judgement, that is subjective. However the right, if correctly logically fromed, never changed, that is why it is natural. That is why our current justice condemnes rights violations in the past, even if the law allowed them, they were rights violations.

... What I wanted is Fiero, or anyone else please, to explain to me what is this natural right [of property] he referenced originally.

Actually I'm one of the only ones rejecting natural rights of property.

For property to be a natural right, you need to prove that property is logical.
The logic mostly used is that if you work something, e.g. you plant crop, the combination (land + crop) becomes yours. I agree that this is logical in the sense that you did an effort and the result of that effort should be yours, you can defend that and property is indeed a concept that protects your effort.
Where I say it is not logical is that property takes away the freedom of everyone else to go on that land. Now where it can take away the freedom of not innocent people according to rights, it also takes away the freedom of innocent people, which is not in line with the definition of rights I hold at this moment.

So where you say "rights are an agreement of society" I agree with you on property "property is an agreement of society", but it is something you need to agree on since it does not follow the logic of rights.

I believe in the dogma of property, I did not find any system to protect your investment of effort without property.


The dangerous road to take, as history has taught us, is allowing law and force to determine rights. All the atrocities mentioned occurred because force enabled them and law legitimised them - societies determined rights.

The argument that we don't have real rights because they can be ignored is facile.

I do not believe it is that "facile", I'll try to illustrate below:

History has shown us that when societies determine what rights are according to force and makes laws about them we get human enslavement and mass murder. By the argument that force and law determines rights, no act of force, if legal, can be wrong or against rights. By that argument, slavery was right and the holocaust was right. By the argument that rights are innate, no act of force or law can be right if it is against innate rights. By that argument, slavery was wrong and the holocaust was wrong.

Rights help to determine what is wrong in all cases, some action against rights is wrong in all cases. Afterwards you come to:

... You have a right to defend your property; correct? But what exactly does this right encompass? Can you kill a human being, infringing on their right to live? Who decides? S...o...c.... see where this is going? ...

Rights do not equal justice.
Where I support the enthousiasm on Rights based on logic. There is no justice based on logic and somehow this is insufficiently clear in the statements in this thread. Justice is subjective and based on value systems, determined by society. That I confirm. I remain with logical objective rights though (that can only guide me to revolt against justice in an injust system)

Justice is a lot more complex, it needs rights as a basis, but this is not receprocical, rights do not need justice to exist.

I argued that rights are not absolutes, they are enforced and maintained by us, hence subjective to society. ... If rights are objective only our own thoughts hold to that definition. In the natural order of things you are victim to your environment and your well being is not a right, it's a privilege we've given each other.

That is correct: only our own thoughts hold the logical rights. You need to defend your rights, they are something we need to defend, they are not given.

But rights are absolutes, enforcement is justice, if rights were respected, there is no need for enforcement, no subjectivity of society. (I admit I'm avoiding a subject here)

Therefore I argue this proves "natural" (objective) rights is nonsensical. I firmly believe in the concept of fundamental rights, but I do believe I have those rights because I am lucky to live in Canada in the 21th century.

How do you come to fundamental rights? Where do they come from?
If you need to defend rights, how would you do it?

Fundamental rights are natural rights, given by nature in the sense that logic is universal (read Kant on this). Logic is the only way you can defend rights.

You are lucky on the justice system in Canada in the 21st century, but even that can be improved and that is our goal.

What use is a right if you don't benefit from it, seriously. A child sexual slave can have all the fundamental rights you want, he doesn't have those right until society comes in and give him those rights, until then he remains a slave with no rights.

Wrong, with the rights the child sexual slave can defend that it's rights are violated and try to break free. Without the rights the child has no arguments, if the others decide that is what is.

Trying to twist my words to make me look like I am supporting slavery and genocide in an attempt to discredit me is a sad argumentative.

I believe we use horrible examples to show people where we think their line of thinking goes wrong. I also find it agressive, but you should think how you will avoid the issues mentioned with your system. I missed that in your arguments.

Where does he say in his argument that it specifically supports slavery and genocide at any point in time? His argument is that society is the origin of human rights. Without society human rights do not exist. Think. It. Through.

We did think it through. This is the logic that comes out of society determins rights.
Premiss 1: Society determins rights.
Premiss 2: Society decides that it is a right to get a person in Africa and make them a slave.
Conclusion: So it is right to get someone in Africa and make them a slave.

We state that if you accept Premiss 1:
Logically if you expect an other to be a slave you must accept to be a slave yourself. So if the rich get the votes behind them and decide you should work without wages for them, you have to accept that.

So we state that Premiss 1 is illogical, that premiss would make that rights can change at will from society and would be against that rights can be defended, since sopciety can change it before you defend it.

Famine if you cannot comprehend that what is [morally] right and what are Rights are two completely and different concept, just stop already.

I do see a point in this.
But I do support the view that what is against rights is always against moral rights, otherwise moral rights would be illogical, since rights are based on logic.

However I do defend something like a "right to culture" and that would mean that you have moral rights that go further then logical rights.

Nevertheless, if someone states Rights and Moral are exactly the same, they have a system that is logical and coherent. Their culture is "I do not care if it is not against rights", that is a defendable culture. That people do not follow your culture is their right.

Your Rights as an individual living in the UK are NOT the same as the rights of women living in part of the middle east. Are you telling me they don't have less rights than we do?

They have the same rights, but justice is not done to them since society does not value the rights abuse. Famine was clear enough about the rest of the topic.
 
My lack of understanding is indeed as shown above on missing premiss, definition and logic from the people that claim: "if you do not understand something it does not apply to you. "
Nobody is saying that.

What is being said is that if your brain is incapable of understanding something, your behavior will reflect that fact. And that (predictable) behavior results in others logically being able to behave in a manner consistent with your actions.

So I can improve the statement: = "if you do not understand rights they do not apply to you. "
(I changed something = rights and it = they and grammar does = do)

Show me an animal that understands rights and when they aree being infringed upon, and not just reacting instinctively, and I will show you an animal with rights.
= "if you do not understand rights they do not apply to you. "

I think that the reason human beings have rights is because we're self-aware. We have the capacity to understand injustice, and we have to have the capacity to understand our own nature to be able to accomplish that. I think with self-awareness comes a basic understanding of justice - even if communication isn't possible. ...
Most animals are not self-aware - and I think without that you can't have rights, because you can't understand them. You have to be capable of respecting the rights of others in order to have rights ...
= "if you do not understand rights they do not apply to you. "

...It isn't because we are human, it is that we have self-realization and emotions, feelings and actions that go beyond the instinctual. We can recognize that we have rights. We only say humans because they are the only creatures that we know without a doubt meet that criteria. ... we are a sympathetic race and would extend them those same rights the same we do people who are mentally handicapped or infantile and cannot recognize a violation of rights. ...
= "if you do not understand rights they do not apply to you. "

Any child born into a vegetable state does not and will not have a full range of rights.... The reason we have rights is that we have higher order brain functions (which makes a difference in ways that you and I already agree on). When those brain functions are not present, we don't extend a full suite of rights.... Men created without higher order brain capability are NOT created equal in the eyes of justice because there is nothing to distinguish them from animals.
= "if you do not understand rights they do not apply to you. "

Human beings have rights for several reasons - many of which are tied up in their capacity to understand and control their actions.
= "if you do not understand rights they do not apply to you. "

Because they've lost the ability to understand and control their actions. Without properly functioning high level brain functions rights cease to exist - because the human being has no ability to respect the rights of others (as I described earlier with criminals).
= "if you do not understand rights they do not apply to you. "


we make distinctions based on each person's mental capacity. Most people have a functioning brain and can maintain righst. But as soon as someone's brain stops functioning, or functioning properly, we take those rights away. The lunatic is robbed of his freedom. The criminal (who has demonstrated that his brain is not functioning properly by violating someone else's rights) is also robbed of his freedom - as are the elderly when they are no longer mentally or physically capable of respecting the rights of others. We lock them all up, rob them of their "god given" rights because they're uncapable mentally or physically of "earning" their rights by be capable of respecting the rights of others.
= "if you do not understand rights they do not apply to you. "

...Should we just use death sentences for all mentally ill patients? They can't, and won't understand rights. Just kill them now, they are no better than an animal, right? ...
= "if you do not understand rights they do not apply to you. "

...the difference between the mentally ill and common criminals. One understands that they did something wrong, the other does not. That also prescribes the difference between locking up criminals (justice) vs. locking up the mentally ill (protection)....The mentally ill are an odd case because they understand some things but not others (and it varies by case). It would be difficult to judge which rights they should get and which they should not.
= "if you do not understand rights they do not apply to you. "

The reason humans have rights is because they're self-aware. It follows then that if a human is not self-aware, it doesn't have rights.
= "if you do not understand rights they do not apply to you. "

Plants don't expect anything, that's the point. ...Plants don't have a mind, they can't think, they have no self-awareness, they can't learn, they can't any of that. It's not that they don't understand and we should help them out, it's that they can't understand why rights are important. Therefore, they have none. ...
= "if you do not understand rights they do not apply to you. "

.... yes, you can kick a plant around however you want. It has no rights since it cannot comprehend or observe rights.
= "if you do not understand rights they do not apply to you. "

From the very definition of rights, they exist only for those that can comprehend and observe them. This is why animals and plants have a subset or, in many cases, absolutely no rights. The reason rights exist is because of our cognitive abilities to understand why they must. Without that, there are no rights.
= "if you do not understand rights they do not apply to you. "

From the very definition of rights, they exist only for those that can comprehend and observe them. This is why animals and plants have a subset or, in many cases, absolutely no rights. The reason rights exist is because of our cognitive abilities to understand why they must. Without that, there are no rights.
= "if you do not understand rights they do not apply to you. "

I thought that was sufficient as examples ....
 
I did some research on my own: Do we have to consider morals when dealing with non-humans

It seems I put down a well known and difficult challenge:
when we ask why it is thought that all and only humans are the types of beings that can be wronged, answers are not particularly easy to come by.

Most recent conclusions:
Both scholarly and popular work on animal behavior suggests that many of the activities that are thought to be distinct to humans occurs in non-humans.

Because human behavior and cognition share deep roots with the behavior and cognition of other animals, approaches that try to find sharp behavioral or cognitive boundaries between humans and other animals remain controversial. For this reason, attempts to establish human uniqueness by identifying certain capacities, like those discussed in this paragraph and perhaps others, are not the most promising when it comes to thinking hard about the moral status of animals.

Since non-humans do not act on reasons they do not have a practical identity from which they reflect and for which they act.
The last quote states non-humans do not think why they do something, they just do it and that is really something that differentiates us.

In short there seem to be some different recurring ideas:

1) Non-humans are things. But what does the way you treat things tell us about you?
2) Non-humans can suffer. Is it good to inflict suffering?

In the end the article does not come with logic for people that state that "you need to understand rights to have them", Kant is stating the "thing argument" strongly, but then goes to justice arguments and in the end states that you should be ethical with animals.
 
There's a lot of humans who don't understand rights and often choose not to respect them. I'm think I'm talking to one right now. Does that mean you don't have rights? Of course not. You have the ability to understand rights and therefore the means by which to respect them. That's exactly what we're all doing here is tossing ideas back and forth in an effort to better understand the concept. When's the last time you saw a couple cows scratching their chins and saying, "Well you know what, I'm not so sure..."
 
.... When's the last time you saw a couple cows scratching their chins and saying, "Well you know what, I'm not so sure..."

Wait......

Smart Milk

Where does this milk come from if not from smart cows?:lol:

Are you now going to tell me that I could have had better grades in College if I had pulled all-nighters with my text-books, instead of spending my time at the local dairy consumming large quantities of the "smart" milk? Often with a frozen consistency. Curses!
 
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I'm think I'm talking to one right now. Does that mean you don't have rights?

Let me return that favour.

The philosophical analysis actually states that many think that animals are things, since they miss a way to think about what they are doing. What it also states is that thinnking you can do anything to things is dogmatic, nobody seems to have come up with a reason why we would not have to have ethical considerations towards things. Which indeed is my conclusion as well, all reasons are subjective, not logical. I might be wrong, but only logic will convince me.

Where animals are things makes sense is that animals have no sense of justice, but we are discussing the basis of justice, rights, not the justice. However it seems that this level abstract thinking is above some.
 
There's a lot of humans who don't understand rights and often choose not to respect them. I'm think I'm talking to one right now. Does that mean you don't have rights? Of course not. You have the ability to understand rights and therefore the means by which to respect them. That's exactly what we're all doing here is tossing ideas back and forth in an effort to better understand the concept. When's the last time you saw a couple cows scratching their chins and saying, "Well you know what, I'm not so sure..."
Abstract Thinking Level : Escher

As in, you're not making any sense.

Honestly, what am I supposed to learn from this, which ideas do you toss?
The only thing I see is I'm right, shut up.

My best effort to analyse the above, if anyone can help, please do so:

Definition:
Right: none given
Justice: none given
=> I really do believe that this is the major issue.

Premiss: Humans have the ability to understand rights.
Premiss: Cows do not have the ability to understand rights.
Logic: If you understand rights therefore you have the means by which to respect them.

=================
So I would like to add:
Logic: If you do not understand rights you might still respect them.

With my definition of right: A cow has her full rights, the cow does not understand her rights, but still has them. Action against the cow based on rights can be taken if the cow does not respect rights.

With my definition of justice (first try): Justice is a process in which the arguments speaking for both parties involved in the rights violation, victim and agressor are heard, where the responsibility of the agressor is evaluated and where a restriction in action or fair compensation from the agressor towards the victim is determined according to the value system of an agreed judge.

With my definition of justice: a cow can never be a judge in a conflict with humans since the evaluation of responsibility, nor the value system that a human would expect seems to be in the capability of the cow.
 
You do see his user title right?

That is a joke.

But it goes far in the thread on banned users:
Keef - 10th-17th March 2011 - Temporary ban at user request. Court order prohibits us from giving further information. Ban expires after 7 days.

I have human rights because... I have the ability to recognise those rights because... I have rights.

Wait, what?

I think the point is not the bad, but goes the wrong way.

Rights exist. I can prove it since humans have the ability to recognise those rights. Humans have the rights and if we do not tell the others we can exploit our rights to the fullest.

However the whole thing comes down to: Rights exist.
To push it to the subjective justice part (irrelevant to rights themselves): humans have the ability to recognise those rights and if humans violate those rights they are responsible for it.
 
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Whenever I go onto this thread I feel as confused as an 80 year old man in Heathrow Airport.

Don't take things so seriously, podner. This here thread is not worth your worry and confusion. Both you and human rights ought to do just fine without it.

Respectfully yours,
Steve
 
TankAss95
Whenever I go onto this thread I feel as confused as an 80 year old man in Heathrow Airport.

I'm sure Steve will correct me if I'm wrong, but he was accusing you of using....rhetoric. Here, of all places; Quelle horreur!

Better get the tar and the chickens.

Alternately, here's some homework, because I'm lazy (and still skimming the thread, so I might've missed it).

Assuming for the purposes of the discussion that evolution works, what "Human Rights" are ascribable to biases inherent in our biology? How does this appear in (various) cultural development (s) of ethics? Did we really just discover these rights, or derive them from first principles?

Specifically, would you cite the rise of the Golden Rule (or rather varied application of it) alongside and/or over Lex Talionis as an example?

:D
 
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However the whole thing comes down to: Rights exist.

I did not convince myself on this one, so I tried others.

Stating rights exist made me look for people that think the opposite.
Searching for natural rights I came to this.

Jonathan Wallace supports that rights are pure social constructions.
Where Jonathan Wallace knows his basics (better then me), Hobbes, Locke and Hume;
A Hobbesian says, I want your property, therefore I have a right to it; but a Lockean says, I want peace, therefore we all have a right to it.
his own conclusions seem to miss the insight of this thread.
Also Jonathan Wallace misses again the difference between rights and justice and bases his arguments against natural rights on "Property as a natural right", which is one critique I do not care about.

Starting from a view that critisises Natural Rights (views that support the author above), Michael Boylan states that there is no alternative.
If it is true that there is a logical, objective, concrete basis for human rights that is not tied to time or place, then such an argument would be sufficient to show that there are natural human rights.
So rights always existed, that we understand them now proves they always existed, but the understanding changes nothing to their existance.
However the author still mixes up rights with whishes and for that organises rights in a subjective order of priority, allowing Hitler and Stalin to promote their order. Actually his one right trumping an other right again is a mix up of rights and justice, the cause of most misconseptions IMHO.

So then Michael Boylan comes to 2 major opositions to universal rights: Confusius
(a) there is a community and its existence is a given historical fact that is not up for discussion; (b) there is an individual and he or she is free to decide just how he or she might fit into that community in a caring and balanced way
and Mohammad:
create a political or social contract that satisfies everyone’s negotiated needs and human rights claims.
On the one hand, the social history is setting the standard (one sort of convention) and on the other, a political compromise among contending factions is based upon a compromise of self-interests (another sort of convention). If these two responses are correct, then there are no universal natural human rights.
His statment how the Chinese government uses Confusius, misses that the Chinese seem to abuse that statement. Confusius recognised the inividual freedom, but also constrained it by a duty to the community, a duty I would call the persuit of peace, the respect of the rights of others.
Similar for Mohammad, Mohammad did not say that norms are set by negotiation like the Muslims seem to deduct, he seems to have said it comes out of discussion, as we know the only way to discuss is logic, so Mohammad states inderictly that logic is the basis of rights.

James A. Donald gives a good overview of natural law definitions and the history of natural law and his sociobiological approach adds another angle.
A ruler that violates natural law is illegitimate.
Natural law is a method, not a code. One does not reason from words but from facts.
definition of natural right:
An act is a violation of natural law if, were a man to commit such an act in a state of nature, (that is to say, in the absence of an orderly and widely accepted method of resolving disputes), a second man, knowing the facts and being a reasonable man, would reasonably conclude that the first man constituted a threat or danger to the second man, his family, or his property, and if a third man, knowing the facts and being a reasonable man, were to observe the second man getting rid of the first man, the third man would not reasonably conclude that the second man constituted a threat or danger to third man, his family, or his property.
I do see in this a mix of right and judgement (a subjective value statement of person 2 and 3). James A. Donald comes to the conclusions rights exist because:
Natural law theory is a valid part of science, because any n person natural law statement about values can be expressed as an explicitly scientific, value free statement about rational self interest, evolution, and n + 1 player game theory.
In his long text I found some more interesting quotes:
Human wickedness is an argument for liberty, not an argument for absolute forms of government.
For a society where there is plurality of force to work peaceably and well, there needs to be both respect for natural rights and also a substantial number of people with a strong vested interest in the rule of law.
Given that individual desires conflict, how can we avoid too much violence?
Plainly therefore the state is just another group of people, and must rightfully be subject to the same law as any other person or group of people...“Society” does not exist, rights do exist...No conflict exists between civil order and individual rights. Both concepts are based on the same fundamental principles.
A right is only a right if, as with the rights to life, liberty, and property, you can rightfully use necessary and sufficient force to defend yourself against those who interfere with your exercise of that right.

I got from this a confirmation of my own idea:
1) Rights can not be observed, since without supposing they exist, you can not come to a proof they exist (similar to God, the alternative basis for Morality). You can not do an action to provoke a reaction from rights. You can not see them and extract something from them to prove they exist. The most promising is that you can describe them and a neutral source can confirm them, but why are we discussing them still if this was easy.
2) Rights come down to fundamental beliefs:
a) There is no freedom to act, all is determined. => then there is no point in discussing
b) There is freedom to act:
- Jonathan Wallace seems stuck here in the written law and thus comes to the conclusion, rights are only what we want, we write something down but we can change this at any time. So not natural, universal, not logic but arbitrary, so not really a right.
- The thread here states (confirmed by Michael Boylan) that if you believe in freedom, you need a way to protect that freedom, those are rights. These rights are not arbitrary, but should be logical. That seems a theory that exists since long, but from my reading it generally remains theory and people (even Locke) keep using individual logical statements that support their dogma in stead of full logical analysis.
However freedom does not lead to rights unless you believe in peace, if you believe in a super high individualism, it is not your business that others do not protect their rights and you can walk over them if they do not fight back. Only if you believe in peace you will avoid that they have to fight by respecting their rights.
So even if we state the rights here come out of logic and thus are objective they are base on 2 subjective beliefs:
- Freedom
- Peace
we object that this is subjective by stating that not believing in freedom or peace is illogical. So we say that objectively you can say that not believing in objective rights is illogical.
- James A. Donald uses game theory to create a defintion, but I still see the believes in this. He also confirms my conflict model, desires lead to conflict, rights are not about conflict avoidance but are about a reasonable society.

I can still not come with this to the point that people that say that rights do not exist are wrong, I only come to the conclusion that they should not talk about rights, since it makes no sense in their set of beliefs. Take the word out of the dictionary for them.

N.B.: I also see every author above seems to build many arguments from property rights, never doubting property rights, using them dogmatically and never disclosing this. I also think that property rights are a needed dogma, I think though one should disclose the dogmatic character of liberty and property.
 
Don't take things so seriously, podner. This here thread is not worth your worry and confusion. Both you and human rights ought to do just fine without it.

Respectfully yours,
Steve

I was upset with this comment, even if I understand it:
“Philosophy is to the real world as masturbation is to sex” Karl Marx

I think it came up several times that not enforced rights (in other words without justice) are not worth a lot but to be a guidance. The fight for rights is needed to enforce them and thus understanding rights is essential to pick your fight.

When I read about leaders (e.g.: Hitler, Mao and Stalin) they were able to justify many things through the argument they were defending the rights of their people.

If you do not understand rights correctly, you will follow and support the wrong leaders! It matters to understand, it matters to fight.
 
Sorry for the triple post, but it has been very quiet since long.

I changed my vision recently.
Hobbes might not be stupid in his "war of all against all", if you do not care about the other, why not show you are the strongest, or if the other is the stronger, why not run? But this way is absurd amongst humans, this is not a society like we see it. Hobbes puts his "Leviathan" above the rest to impose the rules, but why would this "Leviathan" be less absurd? I would not know, it is again the strongest that uses his power.
Adam Smith wrote that (wikipedia):
a society "may subsist among different men, as among different merchants, from a sense of its utility without any mutual love or affection, if only they refrain from doing injury to each other."
This is my new starting point, "a mutually useful relationship". Look into Game theory (Collaborative & "Tit for tat"), when you want to reach something in relationships logically you come to "a mutually useful relationship".
Now logic comes back; mutually useful =
- equality/freedom in the way you contract
- no hurting each other
- respect of contracts
- no commitment imposed on innocent others
=> so for a logical "mutually useful relationship" you need to respect logical Natural Rights, anything else is absurd (but clearly a possible choice).

This changes the rights of the rock or the cow, the reason to exclude them becomes you believe there is no mutually useful relationship, so there are no Natural Rights involved, your relationship is absurd, since a reasonable relationship is not possible. However I still believe this definition of "who to included in the mutually useful relationship" is an issue, it is subjective, not logical, logical is to collaborate or "tit for tat" in all interactions.

Current events: Malala Yousufzai, Stephen Gough still prove that some have absurd ideas and will exclude people from society on a basis that is against Natural Rights: their reasoning "I think it so you should do it", is "Might is right", is absurd, so actually proves the ones abusing their might are not part of the mutually collaborative union. Tit for tat has very clear rules and seems to be the system that can avoid judgement, equal retaliation is still difficult to grasp as reasonable, but seems closest to "the invisible hand" you can get in rights. Government (man made intervention) is not the optimal, stupid rules that are applied rigorously without thinking is the optimal solution (been watching Milton Freedman if it sounds familiar to you).
The alternative to "Tit for tat" is collaboration, you show that you owe for the suffering you caused; this has the disadvantage of subjective judgement, but seems to allow better for correction of events that were not intended, you acted reasonable in collaboration, just it turned out worse for the other then you expected. You agree with the victim: I offer this as compensation to show I do want to collaborate; the issue in this is a "reasonable victim" that still wants to believe in the collaboration.
 
Vince_Fiero
Sorry for the triple post, but it has been very quiet since long.

I changed my vision recently.
Hobbes might not be stupid in his "war of all against all", if you do not care about the other, why not show you are the strongest, or if the other is the stronger, why not run? But this way is absurd amongst humans, this is not a society like we see it. Hobbes puts his "Leviathan" above the rest to impose the rules, but why would this "Leviathan" be less absurd? I would not know, it is again the strongest that uses his power.
Adam Smith wrote that (wikipedia): This is my new starting point, "a mutually useful relationship". Look into Game theory (Collaborative & "Tit for tat"), when you want to reach something in relationships logically you come to "a mutually useful relationship".

Vince, perhaps my understanding is flawed, but The Leviathan imposed is first agreed on - the nature of the sovereign or commonwealth is decided by the parties entering into what is a presumably mutually agreeable social contract. That makes it only as ridiculous as the extent to which those parties create a flawed Commonwealth (to use Hobbes' term), or to which they are deceived by silver-tongued politicians or lobbyists....

You'll note that favourable conditions or positions for those forming the basis of the contract or resulting government and society (in whatever form that happens to take) would definitely form part of the extended game theory scenarios. You'll also note that Danoff, as an example, may well have been guilty of exactly that, if you can ascribe guilt to it. And Hobbes, of course.

Did you happen to think about my last post at all? It wasn't entirely flippant, and I think quite relevant to your points, if followed. I'd try some Rousseau to contrast the Hobbes, too. I'm not advocating, mind.

I did read and consider your posts. I'd like to make a longer post on this topic at some stage, but I'm not ready yet.
 
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Nobody has rights inheritly. It is something we give that stems from our morality.

"The tree of freedom must be, from time to time, watered with the blood of patriots"

Thomas Jefferson *Or something close to it...*
 
So, a question or more of an opinion from whom are more versed on human rights that I am.

As of tomorrow my employer can conduct random illicit drug and alcohol testing.

Up until now we could only be tested after a serious enough incident involving a major safety breach or damage to property.

I work in the electrical/electronics field in the transport industry, specifically trains.

A few years back it was passed by government in my country (Australia) as law, that if in the transport industry (among others) where other peoples lives are on the line due to the competence of employees within these industries it is to become a right of the employer to randomly test the employees.
Up until now my current place of work is the last in Aus within the company (multi-national) I work for that doesn't do random tests.
For a long time the unions representing the affected employees have argued that it's an infringment of one's rights to undergo a "random" test. Up until recently the local management have accepted this. A year or so ago a new manager has been employed for our division.
He simply said six weeks ago we are now under the threat of random tests and gave us a grace period for that time.

Tomorrow it can begin.

So, what do you guys think?
Personally I won't fail a test but I do see it as an invasion of my personal space.
So what if I were to share a joint with a mate on the weekend, as far as I see it if I'm capable and well to perform my duties from Monday through Friday it's nobodies business what I do in my own time.
I see it as an invasion of my rights to be asked for a urine sample to be tested, especially if I have done absolutely nothing wrong.

Any thoughts?

Cheers Shaun.
 
So what if I were to share a joint with a mate on the weekend, as far as I see it if I'm capable and well to perform my duties from Monday through Friday it's nobodies business what I do in my own time.
I see it as an invasion of my rights to be asked for a urine sample to be tested, especially if I have done absolutely nothing wrong.

Any thoughts?

Cheers Shaun.


Of course there are some thoughts, first off it's crap, second off, how dare you. For you to think you've done absolutely nothing wrong is a big mistake, shame is the name of the game, there are some on this site that think the very belief in god is shameful enough to relieve you of your duty, let alone debauchery.


:D

Danger danger, let us save you from yourself and others.
 
Yeah, I hear you arora.
Imagine thinking I can do what I please with my own body. How silly of me, perhaps I should conform and become a robot.

The selfish bastards.

Cheers Shaun.
 
You can do whatever you want with your own body, but if you expect them to give you a paycheck you better be ready follow the rules they set.
 
Why can't I do anything with my own body though if it doesn't affect my ability to do my job in safe and proficient manner?

Cheers Shaun.
 
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