Tuesday, May 9, 2006

A rambling exercise about rights

(Originally Written May 9, 2006 in Book 1)

Rights

What is a right?
-The ability to do something without impediment, not the ability to do something without consequences.

Thus all men have the fundamental right to do anything they want. (This is problematic).

-The ability to do something without impediment with the acceptance of the consequences and the duty inextricably attached to the right. It is the duties attached to the rights that prevent man from doing whatever he pleases.

Actions are manifestations of rights.

If an action is done by a person (an individual) that impedes another individual, that action is a manifestation of a right and it is a violation of another individual's right. However, depending on the right that was violated the action may or may not be a crime or an offense.

Example - Each individual has the right to acquire as much wealth as possible, in any means that is not forbidden by a society's laws. Therefore the right of Bill to open a restaurant to accumulate wealth is the same right that Bob has to open a restaurant. If Bob has a restaurant and Bill opens a restaurant (that is basically identical) right next to it, Bill is manifesting his right to wealth and encroaching upon Bob's right to wealth. In this instance Bill is manifesting his right and violating Bob's right. Since there exists no laws against opening restaurants in the same area in this society. Bill's action is not illegal, unethical or immoral, but is still an affront to Bob's individual right.

Rights are one of two categories:
Individual
Societal

Every individual has rights from the moment of conception. Why? Because that is when it begins. Conception is the origin point for every individual human being. Thus, if an individual has individual rights, which he or she most certainly has, they have those rights from the beginning until they are forfeited or traded for something else. Thus, from the moment of conception an individual has rights. Since all men have the fundamental right to do whatever he or she pleases (as checked by duties which are inextricably connected to that right) the human being from the moment of conception has a single right and a single duty. This first and fundamental right is: All men have the right to do whatever they please.

This is an individual right. All individual rights have societal duties connected to them. And, all societal rights have individual duties attached to them.

Thus, from the moment of conception, every human being has the individual right to do whatever he or she pleases. But that individual then has a societal duty to manifest that right in a way that it does not impede on any other individual's right to do whatever they please.

Instantly this individual right and societal duty come into conflict. The human being in utero has the individual right to do whatever it pleases, which obviously is that it wants to form and be born. The manifestation of this right is for the baby to be born. However the baby's right is manifested without it performing it's societal duty. It manifests its right with no regards to impeding its mother's right to do as she pleases. Thus, we have two parties wishing to manifest their right to do whatever they please and one party (the baby in utero) unable to comply with the duty that comes with the right. The baby and the mother must have substitutionary rights.

Two types of rights and duties

Individual rights - societal duties
Societal rights - individual duties

These contradict themselves and therefore the parties involved in contradictions must develop substitutionary rights and duties.

If the individual right conflicts with the societal duty, thus a new society must be formed. A substitutionary societal right is given to the parties and with it a new individual duty. If the society dissipates (especially to the point where a life is at stake) that new formed society is null and void and the parties revert back to the original individual right and societal duty.

Scenario:

Individual right A of Person 1/societal duty A of Person 1
comes into conflict with
Individual Right A of Person 2/Societal duty A of Person 2
Person 1 & Person 2 form society X with a new right and new duty:
Societal Right B of Person 1/Individual duty B of person 1
works together with
Societal Right B of Person 2/Individual duty B of person 2
To manifest itself as:
Satisfactory action C for Person 1
&
Satisfactory action C or D for Person 2
After satisfactory actions are had by both Person 1 and Person 2 the new formed society X has options:
1. It can dissolve itself either by
-Person 1 removing itself
-Person 2 removing itself
-Persons 1 and 2 agreeing to end the society
2. It can continue to follow the same new rights/duties until option 1 occurs
3. It can continue to follow the same new rights/duties (with or without modifying them) and develop other rights/duties until option 1 occurs

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