RIGHTS DEFINITIONS DISTINCTIONS DERIVATION

DEFINITIONS BASIC DEFINITION –CLAIM BASED UPON AN IMPORTANT VALUE, –RECOGNIZED BY THE COMMUNITY, –IMPOSING A DUTY ON ANOTHER TO ACT OR FOREBEAR, –THEREBY PROTECTING THE CLAIMANT IN THE PURSUIT OF THE VALUE. RIGHTS CONFER POWER AND PROTECTION RIGHTS LANGUAGE IS OFTEN ADVERSARIAL

ALTERNATIVE DEFINITION A RIGHT ENTAILS AN OBLIGATION OR DUTY IMPOSED ON ANOTHER, REQUIRING A CONSENSUS IN IDENTIFYING THE BEARER OF THE DUTY, TO ACT OR FOREBEAR IN A WAY, WHICH PROMOTES THE GOOD EMBODIED IN THE RIGHT FOR THE WELFARE OF THE CLAIMANT.

DISTINCTIONS MORAL –[WISHES] APPEAL TO THE ENLIGHTENED CONSCIENCE LEGAL –[POWER TO SUE] APPEAL TO CODES OF LAW POSITIVE –IMPOSE A DUTY TO ACT NEGATIVE –IMPOSE A DUTY TO FOREBEAR [BEHAVE WITH RESTRAINT]

ADDITIONAL DISTINCTION INDEFEASIBLE RIGHTS –RIGHTS WHICH OTHERS CANNOT JUSTIFIABLY OVERRIDE INALIENABLE RIGHTS –RIGHTS WHICH THE BEARER MAY NOT RENOUNCE

DERIVATION OF RIGHTS GOODS [THAT ARE VALUED] INDISPENSABLE GOODS/VALUES TO ACHIEVE SPECIFIC GOALS ASSERTION OF MORAL RIGHTS [WISHES] CODIFICATION OF LEGAL RIGHTS [STRUCTURED PROTECTIONS AND THE ABILITY TO SUE]

U.S. CONSTITUTION AMENDMENT XIV; SECTION 1 ALL PERSONS BORN OR NATURALIZED IN THE UNITED STATES, AND SUBJECT TO THE JURISDICTION THEREOF, ARE CITIZENS OF THE UNITED STATES AND OF THE STATE WHEREIN THEY RESIDE. NO STATE SHAL MAKE OR ENFORCE ANY LAW WHICH ABRIDGES THE PRIVILEGES OR IMMUNITIES OF CITIZENS OF THE UNITED STATES; NOR SHALL ANY STATE DEPRIVE ANY PERSON OF LIFE, LIBERTY, OR PROPERTY, WITHOUT DUE PROCESS OF LAW; NOR DENY TO ANY PERSON WITHIN ITS JURISDICTION THE EQUAL PROTECTION OF THE LAWS.