Philosophy Forum  
Register Blogs Videos FAQ Members List Calendar Mark Forums Read

Go Back   Philosophy Forum > Philosophy Forums > Branches of Philosophy > Philosophy of Law

Notices

Philosophy of Law Also called Jurisprudence, is the study how laws should best be used. How should Laws used to achieve Social and Political agendas? Should we obey the Law?

Reply
 
LinkBack Thread Tools
  #21 (permalink)  
Old 07-13-2008, 10:53 AM
Theaetetus's Avatar
Antidisinformationalist
 
Join Date: Jun 2008
Location: Milwaukee, USA
Posts: 352
Thanks: 59
Thanked 93 Times in 80 Posts
Nominated 0 Times in 0 Posts
TOTW/F/M Award(s): 0
Rep Power: 2
Theaetetus will become famous soon enoughTheaetetus will become famous soon enough
Re: Fundamental rights

Only one fundamental ethic is necessary. Everyone is free to do as they wish as long as they don't not limit another individual the right to do the same. In other words, one's freedom ends where another's begins.

I think the hyper individualism that dominates society today fails to understand that in order for freedom to exist there are necessary limits--especially respect for the other.
Reply With Quote
  #22 (permalink)  
Old 07-13-2008, 11:34 AM
Didymos Thomas's Avatar
Senior Member
Moderator
 
Join Date: Oct 2007
Location: USA
Posts: 2,100
Thanks: 424
Thanked 370 Times in 306 Posts
Nominated 0 Times in 0 Posts
TOTW/F/M Award(s): 0
Rep Power: 7
Didymos Thomas is just really niceDidymos Thomas is just really niceDidymos Thomas is just really niceDidymos Thomas is just really nice
Re: Fundamental rights

Theaetetus - I wish human beings were capable of maintaining that standard.
We cant seem to manage this sort of respect in any area - from government to personal relationships.

The notion of 'rights' seems to come from hyper individualism. We began to think about what I deserve rather than what I should do. The maxim you quote is a restatement of the ethic of reciprocity with a reminder that we have free will.
Reply With Quote
  #23 (permalink)  
Old 07-13-2008, 12:15 PM
Theaetetus's Avatar
Antidisinformationalist
 
Join Date: Jun 2008
Location: Milwaukee, USA
Posts: 352
Thanks: 59
Thanked 93 Times in 80 Posts
Nominated 0 Times in 0 Posts
TOTW/F/M Award(s): 0
Rep Power: 2
Theaetetus will become famous soon enoughTheaetetus will become famous soon enough
Re: Fundamental rights

Quote:
Originally Posted by Didymos Thomas View Post
Theaetetus - I wish human beings were capable of maintaining that standard.
We cant seem to manage this sort of respect in any area - from government to personal relationships.

The notion of 'rights' seems to come from hyper individualism. We began to think about what I deserve rather than what I should do. The maxim you quote is a restatement of the ethic of reciprocity with a reminder that we have free will.
I wish humans were capable of maintaining that standard as well. It seems that institutional dogma has become too dominant a force for it to ever be a reality. It seems that it can be upheld in some respects, but the maxim is broken whenever convenient. At least there is hope and the future.
Reply With Quote
  #24 (permalink)  
Old 07-14-2008, 03:56 PM
Full Member
 
Join Date: Feb 2007
Location: Canton, GA
Posts: 530
Thanks: 36
Thanked 145 Times in 117 Posts
Nominated 0 Times in 0 Posts
TOTW/F/M Award(s): 0
Rep Power: 3
Mr. Fight the Power has a spectacular aura aboutMr. Fight the Power has a spectacular aura about
Re: Fundamental rights

Quote:
Originally Posted by Didymos Thomas View Post
So what? People can claim to have a right to go to the moon just as easily as they can claim a right to healthcare, or anything else. Doesn't mean they have that right -doesn't even mean they should have that right.
Of course, I never said that it does.

Quote:
And that's what these rights amount to - what people want. What they think they can safely demand. 10,000 years ago the whole notion of rights would have been insane, but today, we can claim some rights and be reasonably satisfied with the response to our claim by government.
You keep making the same mistake. Normative rights are a matter of morality, and morality must be metaphysical thus transcending what people have, claim, or can get. If there are fundamental rights, they stem from ontology of people and mind.
Reply With Quote
  #25 (permalink)  
Old 07-14-2008, 10:51 PM
Holiday20310401's Avatar
Abstractualist
 
Join Date: May 2008
Location: near a writing utencil, Canada
Posts: 1,067
Thanks: 327
Thanked 152 Times in 126 Posts
Nominated 0 Times in 0 Posts
TOTW/F/M Award(s): 0
Rep Power: 3
Holiday20310401 has a spectacular aura aboutHoliday20310401 has a spectacular aura about
Re: Fundamental rights

And you're making the wrong assumption of saying that morality is metaphysical
Reply With Quote
  #26 (permalink)  
Old 07-14-2008, 11:07 PM
Theaetetus's Avatar
Antidisinformationalist
 
Join Date: Jun 2008
Location: Milwaukee, USA
Posts: 352
Thanks: 59
Thanked 93 Times in 80 Posts
Nominated 0 Times in 0 Posts
TOTW/F/M Award(s): 0
Rep Power: 2
Theaetetus will become famous soon enoughTheaetetus will become famous soon enough
Re: Fundamental rights

Morality is relational and emotional if properly applied. Metaphysics has nothing to do with morality unless you really think that an invisible man will judge you upon death.
Reply With Quote
  #27 (permalink)  
Old 07-14-2008, 11:41 PM
Full Member
 
Join Date: Feb 2007
Location: Canton, GA
Posts: 530
Thanks: 36
Thanked 145 Times in 117 Posts
Nominated 0 Times in 0 Posts
TOTW/F/M Award(s): 0
Rep Power: 3
Mr. Fight the Power has a spectacular aura aboutMr. Fight the Power has a spectacular aura about
Re: Fundamental rights

Quote:
Originally Posted by Holiday20310401 View Post
And you're making the wrong assumption of saying that morality is metaphysical
It is not an assumption. Morality necessitates human behavior that transcends natural causation and scientific inquiry. It requires that the actor be their own cause, a free will, and thus can never be categorized outside the realm of the metaphysical.
Reply With Quote
  #28 (permalink)  
Old 07-14-2008, 11:48 PM
Full Member
 
Join Date: Feb 2007
Location: Canton, GA
Posts: 530
Thanks: 36
Thanked 145 Times in 117 Posts
Nominated 0 Times in 0 Posts
TOTW/F/M Award(s): 0
Rep Power: 3
Mr. Fight the Power has a spectacular aura aboutMr. Fight the Power has a spectacular aura about
Re: Fundamental rights

Quote:
Originally Posted by Theaetetus View Post
Morality is relational and emotional if properly applied. Metaphysics has nothing to do with morality unless you really think that an invisible man will judge you upon death.
No, metaphysics has everything to do with morality unless you hold the unfortunate position of the compatibilist. The natural causal determinism of the empirical sciences does not afford room to real choice, a necessary component of morality. A moral actor must transcend determinism and become a causa sui and this is certainly a matter of metaphysics.
Reply With Quote
  #29 (permalink)  
Old 07-15-2008, 08:32 AM
Didymos Thomas's Avatar
Senior Member
Moderator
 
Join Date: Oct 2007
Location: USA
Posts: 2,100
Thanks: 424
Thanked 370 Times in 306 Posts
Nominated 0 Times in 0 Posts
TOTW/F/M Award(s): 0
Rep Power: 7
Didymos Thomas is just really niceDidymos Thomas is just really niceDidymos Thomas is just really niceDidymos Thomas is just really nice
Re: Fundamental rights

Quote:
You keep making the same mistake. Normative rights are a matter of morality, and morality must be metaphysical thus transcending what people have, claim, or can get. If there are fundamental rights, they stem from ontology of people and mind.
Where is the mistake? I said, "The only rights you have are the ones you refuse to give up."
And that's true. We can talk about metaphysics and morality all day long, and conclude that we have some right - but that doesn't mean we actually have the right, that we can exercise the right. The speculation is idealization. Not much room for ideals in politics and law.

If your objection is that we should have this or that right for moral/metaphysical reasons, chances are I agree with you.

Quote:
The natural causal determinism of the empirical sciences does not afford room to real choice, a necessary component of morality.
You might be interested in Daniel Dennet's Freedom Evolves. Interesting book.
Reply With Quote
  #30 (permalink)  
Old 07-15-2008, 12:29 PM
Full Member
 
Join Date: Feb 2007
Location: Canton, GA
Posts: 530
Thanks: 36
Thanked 145 Times in 117 Posts
Nominated 0 Times in 0 Posts
TOTW/F/M Award(s): 0
Rep Power: 3
Mr. Fight the Power has a spectacular aura aboutMr. Fight the Power has a spectacular aura about
Re: Fundamental rights

Quote:
Originally Posted by Didymos Thomas View Post
Where is the mistake? I said, "The only rights you have are the ones you refuse to give up."
And that's true. We can talk about metaphysics and morality all day long, and conclude that we have some right - but that doesn't mean we actually have the right, that we can exercise the right. The speculation is idealization. Not much room for ideals in politics and law.

If your objection is that we should have this or that right for moral/metaphysical reasons, chances are I agree with you.
The mistake that I thought you were making was dismissing the discussion of fundamental rights on the basis of their lack of material feasibility.

It is still an important discussion even if we can guarantee that our arguments will be heard by the powers that be. In the end, even a skeptic like me admits that we must have an idea of what should be to know how to organize what is.

Ironically, we probably wouldn't agree on the foundation of rights as I condemn (probably inconsistently) moral realism as rubbish. I just wanted to play devil's advocate and try to frame this discussion correctly.

Quote:
You might be interested in Daniel Dennet's Freedom Evolves. Interesting book.
I've read it. It is a very interesting book, but I cannot help but feel he fails to save compatibilism and free will.
Reply With Quote
Reply

Bookmarks

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On

Similar Threads
Thread Thread Starter Forum Replies Last Post
Owning the Rights to Own a penny! Holiday20310401 Philosophy of Law 16 10-13-2008 09:35 AM



vBulletin Copyright ©2000 - 2008, Jelsoft Enterprises Ltd.
SEO by vBSEO 3.2.0
Copyright 2006-2008 PhilosophyForum.com