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

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

Important Notice

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
  #31 (permalink)  
Old 07-15-2008, 01:54 PM
Didymos Thomas's Avatar
Moderator
Moderator
 
Join Date: Oct 2007
Location: USA
Posts: 2,422
Thanks: 529
Thanked 459 Times in 374 Posts
Nominated 0 Times in 0 Posts
TOTW/F/M Award(s): 0
Rep Power: 8
Didymos Thomas is a glorious beacon of lightDidymos Thomas is a glorious beacon of lightDidymos Thomas is a glorious beacon of lightDidymos Thomas is a glorious beacon of lightDidymos Thomas is a glorious beacon of light
Re: Fundamental rights

Quote:
The mistake that I thought you were making was dismissing the discussion of fundamental rights on the basis of their lack of material feasibility.
Ah, I see where you're going. I don't dismiss them as infeasible; maybe I'm just too optimistic about that. I see the issue as being two fold - we should have certain rights, but the only way to keep those rights is by self-control. It's up to us, government or not.

Quote:
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.
Right - and I have no problem talking about what rights we should have, my list is a long one.

Quote:
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.
Maybe. What do you see as the foundation of rights?

Quote:
I've read it. It is a very interesting book, but I cannot help but feel he fails to save compatibilism and free will.
Yeah, I don't buy into Dennet's arguments whole sale, but he does open the door. It's a little like reading Nietzsche as a theist or altruist - you disagree, but the material gives a great deal to be considered, and informs your own perspective.
Reply With Quote
  #32 (permalink)  
Old 07-26-2008, 08:16 AM
Doobah47's Avatar
Full Member
 
Join Date: Feb 2008
Location: East London
Posts: 233
Thanks: 2
Thanked 19 Times in 18 Posts
Nominated 0 Times in 0 Posts
TOTW/F/M Award(s): 0
Rep Power: 1
Doobah47 is on a distinguished road
Re: Fundamental rights

Quote:
Originally Posted by Holiday20310401 View Post
So religion is really diminishing the connection there should be between morality and rights.
It is supposable that religion incites critical thinking in an ethical context in those people who might not consider the ethics of begging for example. But on the other hand there's millions of followers traveling on their knees to pay the church some cash; apparently they consider it's a good thing to do, but maybe such aggrandizement of the church helps people to recognize the possibility for situations or events of greater import than the ego and the individual's desires. Ho hum.

Religion has corrupted the process of morality; a great example is 'evil' - why have 'evil' when 'bad' will suffice? Surely 'bad' is the opposite of 'good', so where or why does 'evil' fit into such a pretentious dichotomy? Surely the addition of a second general 'bad' concept leads to the belief that there is more bad than good. Although some (including myself) would say that evil is not all bad, and that the real honey-trap is the use of 'good' and 'bad' in discussions or debates. I wrote elsewhere a few hours ago that it might be preferable to replace 'good' with 'acceptable', and 'bad' with 'rejection'; this way there's no callous sense of defining in an absolute sense any concept or thing or piece of string.
Reply With Quote
  #33 (permalink)  
Old 08-04-2008, 04:31 PM
Full Member
 
Join Date: Jan 2008
Location: Earth
Posts: 98
Thanks: 10
Thanked 22 Times in 17 Posts
Nominated 0 Times in 0 Posts
TOTW/F/M Award(s): 0
Rep Power: 1
Quatl is on a distinguished road
Re: Fundamental rights

Quote:
Originally Posted by Doobah47 View Post
Religion has corrupted the process of morality; a great example is 'evil' - why have 'evil' when 'bad' will suffice? Surely 'bad' is the opposite of 'good', so where or why does 'evil' fit into such a pretentious dichotomy?
Evil and bad are not identical conceptions. "Bad" does not necessarily imply connote anything about intentions, while "evil" nearly always does. I think this distinction is very relevant to categorizing actions and their results to moral categories.

If you are hit by a meteor that is bad, if someone throws a rock at your head that's (sometimes) evil.

As for "rights" they are legal constructs. The only thing that separates a "right" from an ordinary law is the belief that they are more important than normal law.

I have yet to hear a compelling argument for the Metaphysical existence of any "human right." There are certainly strong pragmatic reasons to accept certain "human rights" however. (Well if you are human that is)

Very often things claimed by someone as rights are in my opinion evils, simple power seeking in moralistic guise.
Reply With Quote
The following users say: THANK YOU - Quatl for the above post!
  #34 (permalink)  
Old 08-04-2008, 06:12 PM
No0ne's Avatar
None
 
Join Date: Apr 2008
Location: On A Hill Side Above A Vally
Posts: 191
Thanks: 0
Thanked 25 Times in 22 Posts
Nominated 0 Times in 0 Posts
TOTW/F/M Award(s): 0
Rep Power: 1
No0ne is on a distinguished road
An Ideology Or A Fact.

Quote:
Originally Posted by Jazzman View Post
This term suggests that there are some basic rights which are undeniable and which all other rights can be deduced from. But is that an objective truth or just an ideology to save the peaceful coexistence? What is a right and are there really some particular rights which are inextricably linked with the idea of rights? Was Thomas Hobbes right when he thought of rights as general claims which nobody questions? That would mean that there are no fundamental rights as long as there are people who contravene them.
This is the main duality of rules.

1. A rule that gives another the right to do "something".
2. A rule that takes another's the right to do "something".

The problem with sharing rules and fundamental rights is

1. Why dose this rule or fundamental right apply to I.
2. Why dose this rule or fundamental right not apply to I.
_________________________________________________
It's not an ideology to save the peaceful coexistence... It's a factual necessity for a system to peaceful co-existence with another peaceful system...

Rule's are needed to keep order, without rule's that apply to everyone equally chaos and conflicts will exist...

That's also why the rule's of nature's operation's are absolute and are always followed....
__________________
For it is what it is, for that is what I say it is, therefore making it what it is, and thats what I say it is, and therefore I made it what it is
Reply With Quote
  #35 (permalink)  
Old 08-05-2008, 02:57 AM
Deftil's Avatar
Full Member
 
Join Date: Jul 2008
Location: USA
Posts: 157
Thanks: 30
Thanked 58 Times in 44 Posts
Nominated 0 Times in 0 Posts
TOTW/F/M Award(s): 0
Rep Power: 1
Deftil will become famous soon enough
Re: Fundamental rights

Sorry I haven't taken the time to read the whole thread but I wanted to respond to the OP.

Quote:
Originally Posted by Jazzman View Post
This term suggests that there are some basic rights which are undeniable and which all other rights can be deduced from. But is that an objective truth or just an ideology to save the peaceful coexistence? What is a right and are there really some particular rights which are inextricably linked with the idea of rights? Was Thomas Hobbes right when he thought of rights as general claims which nobody questions? That would mean that there are no fundamental rights as long as there are people who contravene them.
I go with "an ideology to save the peaceful coexistence". I find Hobbes to have been a pretty smart guy who had a solid undertanding of human nature, so in essense, I agree with him as I do on many points.
I've yet to hear an entirely convincing argument that human rights are an objective truth. If one accepts certain religious beliefs then the objectivity of rights can be derived from those beliefs, however, this means one has to accept unverifiable religious claims to base an epistemology upon, which I personally find intellectually dishonest. Yet I do find it possible that to a certain degree through evolutionary processes, humans have developed a sense that other members of the same species deserve a certain minimum of respect. With the development of culture this could turn into the acceptance of certain rights. The root of the idea could be an evolved part of our nature. But it takes some stretching imo, to say that something like this would make rights an entirely objective truth. It's something that has happened to work for us, and I'm not sure you can read more into it than that.
Reply With Quote
  #36 (permalink)  
Old 11-02-2008, 01:39 PM
Full Member
 
Join Date: Nov 2008
Location: Earth
Posts: 27
Thanks: 2
Thanked 3 Times in 3 Posts
Nominated 0 Times in 0 Posts
TOTW/F/M Award(s): 0
Rep Power: 1
Steerpike is on a distinguished road
Re: Fundamental rights

Quote:
Originally Posted by Jazzman View Post
This term suggests that there are some basic rights which are undeniable and which all other rights can be deduced from. But is that an objective truth or just an ideology to save the peaceful coexistence? What is a right and are there really some particular rights which are inextricably linked with the idea of rights? Was Thomas Hobbes right when he thought of rights as general claims which nobody questions? That would mean that there are no fundamental rights as long as there are people who contravene them.
If one approaches the question of rights logically, then one can determine that rights do exist a priori.

If there are no rights, then there is no right to say there are no rights.

If there are no rights, then there is no right to have or establish any government.

Hobbes was partially correct. He did correctly establish some natural rights, but he took his premises too far by allowing them to contradict each other. John Locke's reasoning avoided that problem.
Reply With Quote
  #37 (permalink)  
Old 11-02-2008, 04:50 PM
Full Member
 
Join Date: Nov 2007
Location: here
Posts: 615
Thanks: 27
Thanked 98 Times in 84 Posts
Nominated 0 Times in 0 Posts
TOTW/F/M Award(s): 0
Rep Power: 3
nameless will become famous soon enoughnameless will become famous soon enough
Re: Fundamental rights

Quote:
Originally Posted by Jazzman View Post
This term suggests that there are some basic rights which are undeniable and which all other rights can be deduced from. But is that an objective truth or just an ideology to save the peaceful coexistence? What is a right and are there really some particular rights which are inextricably linked with the idea of rights? Was Thomas Hobbes right when he thought of rights as general claims which nobody questions? That would mean that there are no fundamental rights as long as there are people who contravene them.
Rights are restrictions (socially speaking, of course).
Your 'rights' are my restrictions.
If I have no fundamental 'restrictions', you have no fundamental 'rights'.
The only possible 'right' that you might have, if you want to call it that, is the 'right' to remain silent. Other than that bit of nonsense, you have no rights that cannot be taken from you. Only 'priveleges' can be taken. Your 'right' to silence cannot be taken.
Perhaps it is the ego that redefines a societal 'privelege' as a 'right'?
Reply With Quote
  #38 (permalink)  
Old 11-03-2008, 08:33 AM
Khethil's Avatar
Moderator
Moderator
 
Join Date: Apr 2008
Location: Missouri
Posts: 742
Thanks: 214
Thanked 292 Times in 214 Posts
Nominated 0 Times in 0 Posts
TOTW/F/M Award(s): 0
Rep Power: 4
Khethil is a jewel in the roughKhethil is a jewel in the roughKhethil is a jewel in the roughKhethil is a jewel in the rough
Re: Fundamental rights

I haven't read all replies in this thread; apoligies in advance if this constitutes back-tracking


A "right" is something to which, "... someone has a just claim" (definition).

Whether or not someone has that just claim would necessarily depend, of course, on what basis we use. One could easily assume the mindset that says, '... there is no justice; justice is subjective and ambiguous, therefore there are no rights'. So the term is dependent upon a system for what constitutes 'it'. What is a right holds the key to what are those rights.

And it is illogical to say: If something can be taken away, it is therefore not a 'right'. You can't force me to dance the Charleston, therefore that is my one right.

Thanks
Reply With Quote
  #39 (permalink)  
Old 11-03-2008, 09:34 AM
Full Member
 
Join Date: Nov 2008
Location: Earth
Posts: 27
Thanks: 2
Thanked 3 Times in 3 Posts
Nominated 0 Times in 0 Posts
TOTW/F/M Award(s): 0
Rep Power: 1
Steerpike is on a distinguished road
Re: Fundamental rights

Quote:
Originally Posted by Khethil View Post
I haven't read all replies in this thread; apoligies in advance if this constitutes back-tracking


A "right" is something to which, "... someone has a just claim" (definition).

Whether or not someone has that just claim would necessarily depend, of course, on what basis we use. One could easily assume the mindset that says, '... there is no justice; justice is subjective and ambiguous, therefore there are no rights'. So the term is dependent upon a system for what constitutes 'it'. What is a right holds the key to what are those rights.

And it is illogical to say: If something can be taken away, it is therefore not a 'right'. You can't force me to dance the Charleston, therefore that is my one right.

Thanks


You are on the right track. By applying principles of logic (i.e., RAA), we can see that rights are quite true, logically speaking.

Using your example of assuming there is no justice and hence no rights.

If there are no rights, then everyone is equal with regard to rights. If everyone is equal with regard to rights, then everyone is entitled to be treated equally in equal circumstances. If everyone is entitled to be treated equally in equal circumstances, then everyone has a claim on being treated equally. If everyone has a claim on being treated equally, then everyone has a right to justice. If everyone has a right to justice, then there are rights.

As we see from this application of RAA, the assumption or premise of no rights leads to a contradiction. The assumption or premise of no rights is false.

Truth values:

Rights exist = 1
No rights exist = 0
Reply With Quote
  #40 (permalink)  
Old 11-03-2008, 09:40 AM
Fights Hard
 
Join Date: Feb 2007
Location: Canton, GA
Posts: 601
Thanks: 38
Thanked 151 Times in 123 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
Ah, I see where you're going. I don't dismiss them as infeasible; maybe I'm just too optimistic about that. I see the issue as being two fold - we should have certain rights, but the only way to keep those rights is by self-control. It's up to us, government or not.
We are in agreement for the most part then.

It is simply the nature of moral rights that you have them by way of your moral standing as a person (typically in the Kantian sense of being your own end). You always possess these moral rights, and their violators are always at blame, even if they are not always at justice.

Quote:
Right - and I have no problem talking about what rights we should have, my list is a long one.
My list of rights is not long, but their implications could fill volumes.

Quote:
Maybe. What do you see as the foundation of rights?
I don't believe there are real moral rights, but I do believe rights can be founded in common human understanding. I think there are common rules of reason and argumentation that lead to unassailable moral positions an rules. It is sort of a under-formulated combination of Discourse Ethics and Moral Quasi-Realism.

Quote:
Yeah, I don't buy into Dennet's arguments whole sale, but he does open the door. It's a little like reading Nietzsche as a theist or altruist - you disagree, but the material gives a great deal to be considered, and informs your own perspective.
Yeah, I just don't understand how he gets to the conclusions he does. I am also a naturalist, and many of the arguments he uses for free will are exactly the same as most naturalistic determinists would use against it.
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 - 2009, Jelsoft Enterprises Ltd.
SEO by vBSEO 3.2.0
Copyright 2006-2008 PhilosophyForum.com