No, I don’t think rights were in mind when it came time to create a judicial system. I think it was more the impossibility of running a country without one.
Fairness and human rights probably were instrumental in determining the form that our judicial system finally took, but the necessity for one does not spawn from rights concerns.
And besides, you’re straying away into red herring territory. My point isn’t that rights concerns aren’t instrumental in designing a government. My point is that rights simply are, as The Ryan said. Rights are what a just government cannot take from me or stop me from doing.
Trial rights aren’t special privileges granted by the government. They are the mechanisms of fairness and honesty that are designed into the system in order to carry out justice. To deny the protection that is built in by default is to act unfairly and unjustly, and to violate an accused person’s rights.
Putting up a blockade meant to stop people from receiving food would be a violation of basic human dignity. But the government is under no obligation to feed people. We have the responsibility to feed ourselves. Knocking down somebody’s home without justification is depriving somebody of shelter, and a violation of basic human dignity. Forcibly stopping somebody from seeking medical help is a violation of basic human dignity. Failing to provide me with free medical care is not.
So, like I said above, I agree in a sense, but I don’t believe that sense is the spirit in which the UN declaration was issued.
Not treading on my rights does NOT require action. It requires INaction. If I’m on a soapbox speaking my mind on the cost of widgets, does it require special action for the government not to violate my right to freedom of speech? NO! It requires them to do nothing at all. If I’m praying to my God, does it require positive action from the government to allow me to practice my religion freely? No, it requires the absence of interference. More things that do not require action in order to avoid violating my rights:
- Not quartering soldiers in my house.
- Not compelling me to testify against myself.
- Not seizing my property without due process. Now you probably will argue that due process is, itself, positive action. But it’s not - it’s neutral action. It’s due. It’s the standard procedure when the government acts. Denying me the process of law due me is action, because it interrupts the normal flow of procedure. Of course, now you might say that recognition of my rights was what prompted the necessity for due process, to which I answer: It is unjust for a government to seize property without good reason. The seizing of property is the action. Due process of law is simply the act of ensuring that the seizure is fair and justified.
- Providing me with counsel (Gadarene) if I cannot afford representation also seems like the government acting to provide me with a privilege. However, this also falls under the umbrella of fairness and justice. Failure to provide an indigent with representation (knowing that the prosecution will have an attorney) is economic discrimination. The normal flow of procedure in a criminal case is that there are two attorneys: One prosecuting, and one representing the accused. Eliminating half of that is stepping outside the bounds of normal procedure (and almost guaranteeing a conviction), and is therefore the action.
- Denying me a speedy trial is an interruption of procedure, which requires special action. If all things are equal, I will be tried on schedule the same as any other person accused of the same charge.
- Failing to deny me the right to arm and defend myself does not require special action. It requires only that you stay out of my business. The natural state of any being is to defend itself, and the human being is no exception. If we were not able to arm ourselvles, we wouldn’t have risen to the state of being where we are able to sit around and debate whether we are entitled to be armed. The special action is taken when trying to DISarm me.
Failure to interfere is not affirmative action (literal sense).
Yeah, I’ve read it many times. The reason for the Bill of Rights was to prevent the government from misconstruing and abusing its powers. So (we agree that) the Bill of Rights was drafted to limit the power of the government, in order to DENY it the power to violate rights that pre-existed the government, simply by virtue of the fact that we are human. The fact that it says “these are rights” does not mean they were granting rights to us, but rather recognizing that we already possess them. Whether other governments recognize them doesn’t change whether they exist.
However, basic needs for survival are not rights (beyond what I said above - the government cannot deny these, but is not obligated to provide for them, either), and are not something that should be granted by governments. That’s like saying you have the right to breathe. That’s not a right; you simply do it, or you die. There is no legislating that, and therefore, no need to. Same goes for food. You have the right to eat as much as you can forage, kill, or buy.
The judicial system, with its processes procedures and protections, already exists. Any country already has some method for trying accused criminals. It doesn’t take any special effort to run suspects through it.
The individual right to vote wasn’t recognized at all in the Constitution, until it became necessary to say that because white people are entitled to vote, all races must be extended this privilege equally. The original mechanism for the election of the President was this:
No mention of an individual right to vote. The president was elected by the states, not the people. In the Constitution and Bill of Rights, the only mention of voting is with respect to Congress when passing laws and electors voting on the Presidency. Personally, I really think voting was a granted privilege that has grown into being perceived as a right, but is not a right as such.
Disagree. The right to free speech requires only noninterference. The government doesn’t need to create laws to protect the right, it needs only not violate it.
Here, I agree. I think this is the only right that actually demands special action on the part of the government in order to protect it. But that is only because of the corrupt nature of mankind to attempt to enslave the weak.
Nope. I don’t demand a lot of the government. Only that it enforce the (just) laws of the land (I’d prefer that it eliminate a lot of wasteful, stupid, and unjust laws) and defend the borders. Oh, and pick up the trash. I am a firm believer in minimalist government, and do not collect handouts. In fact, I’m perfectly willing to provide for my own safety and defend my own rights. But the government seems to think it can do that better than I can, and so I could be arrested for defending my own home here in New Jersey.
Reading over my preview, I know I sound kind of disjointed. But it’s getting late, so I’m not going to copy-edit. Hopefully you can drag my meaning out of what I wrote.