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RIGHTS DEFINITIONS DISTINCTIONS DERIVATION. Misunderstandings about Rights The Assertion Of A Right = The Existence Of A Right. Rights Are Self—evident.

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Presentation on theme: "RIGHTS DEFINITIONS DISTINCTIONS DERIVATION. Misunderstandings about Rights The Assertion Of A Right = The Existence Of A Right. Rights Are Self—evident."— Presentation transcript:

1 RIGHTS DEFINITIONS DISTINCTIONS DERIVATION

2 Misunderstandings about Rights The Assertion Of A Right = The Existence Of A Right. Rights Are Self—evident. The Assertion Of A Right Entails Nothing Beyond The Assertion. There Are No Substantial Distinctions Between Kinds Of Rights. All Rights Have Equal Status.

3 Definition 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

4 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]

5 Additional Distinction Indefeasible Rights –Rights Which Others Cannot Justifiably Override Inalienable Rights –Rights Which The Bearer May Not Renounce

6 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]

7 Why A Bill Of Rights A Major Part Of Democratic Institutions Reduces Citizen Vulnerability Protects Citizens From Excesses Empowers Citizens Gives Citizens A Voice Gives Citizens Standing Allows Citizens To Participate In The Determination Of Their Destiny

8 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 Shall 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.


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