A Dissertation on "Rights"
Posted: Wed Apr 09, 2008 5:36 pm
I begin this thread with the intent of trying to adequately express my definition of “rights� and the permutations of that definition, in response to a statement I made during another discussion. My intent is that this discussion be innocuous. I ask that you read the entire treatise before posting your flaming rebuttal.
Let me preface by stating that I am neither theologian nor attorney but that the discussion is based on elements defined by both. By education I am a scientist and I am also a devout Christian. I have no problem justifying the two, however I do have unanswered questions and this is an effort to clarify, at least personally, the points raised. That being said I would like to offer the following:
Theology, particularly Old Testament theology, aside, the colloquial definition of “God given� is that which is deemed to be innate. That is to say, that something which is “God given� requires no learning process. It is inherent within the system. We will call these the “Theological rights�.
Conversely, that which is not “God given� i.e. innate, requires an outside, non-inherent, stimulus in order to be realized. This stimulus is man made i.e. is NOT innate. We will call these the “Legal rights�
Assuming that we accept these definitions then the following is presumed (for this exercise we will limit ourselves to the human species). A few examples of “God given rights� are:
- The right to gather and ingest food.
- The right to find and use shelter against the elements.
- The right to protect oneself against attack.
A few examples of “non-inherent rights� are:
- The right to dictate policy within a given set
- The right of property ownership
Now let’s take a closer look at the “rights� in question, those being the right to protect oneself against attack (God given) and the right of property ownership (Legal).
It can be argued that since the right to protect oneself is God given, then the right to use any and all means available to do so is God given as well. I can find no fault in this line of thinking therefore I can logically make the connection that the use of firearms, if they are available, to protect oneself is a God given right.
It can also be argued that property ownership is NOT a God given right but one that requires an outside stimulus i.e. an agreement between parties, or groups, that defines “property�, sets limits upon the method of collection of such property, assigns overseer responsibilities to review and record those limits, etc. This is in fact a Legal set of circumstances and I can logically make this connection as well.
Now the question becomes how to justify these two points.
My rationale is as follows:
If I can define, and accept, “God given� rights as those that are, in fact, innate and which require NO input from any outside source in order to be binding AND I can accept that the concept of “Property Ownership� is NOT an innate condition but one that derives it’s source of strength from agreements made externally, then I can justify the argument of firearm ownership.
The conclusion then is that while the use of firearms in protection of oneself is a “God given right� the actual ownership (“right to keep�, right to a CHL, etc.) of a firearm (or anything else for that matter) is a legal concept and is NOT a “God given right� therefore the arguments made for, or against, a “rights hierarchy� are entirely dependent upon the current external agreements which dictate the legal concept of ownership. If that is the case then debates concerning such a hierarchy are strictly academic and have no real meaning until such time that the current “agreements� dictating/defining legal ownership are modified.
The problem however, is that innate, God given rights are absolute. They cannot be extinguished. They may be subjugated but can NOT be expunged.
Legal rights, on the other hand, can be defined, redefined, modified, completely deleted or completely reinstated over and over again. Since this is the case then, in a free society, it becomes imperative that the external agreements that define “Legal rights� be closely monitored lest any of those rights be forfeited, but the legitimacy of those rights is based entirely upon the “agreements� that are in place at any given time. By the same token, if you are dissatisfied with the current “agreement� then have it changed more to your liking.
So there.
Let me preface by stating that I am neither theologian nor attorney but that the discussion is based on elements defined by both. By education I am a scientist and I am also a devout Christian. I have no problem justifying the two, however I do have unanswered questions and this is an effort to clarify, at least personally, the points raised. That being said I would like to offer the following:
Theology, particularly Old Testament theology, aside, the colloquial definition of “God given� is that which is deemed to be innate. That is to say, that something which is “God given� requires no learning process. It is inherent within the system. We will call these the “Theological rights�.
Conversely, that which is not “God given� i.e. innate, requires an outside, non-inherent, stimulus in order to be realized. This stimulus is man made i.e. is NOT innate. We will call these the “Legal rights�
Assuming that we accept these definitions then the following is presumed (for this exercise we will limit ourselves to the human species). A few examples of “God given rights� are:
- The right to gather and ingest food.
- The right to find and use shelter against the elements.
- The right to protect oneself against attack.
A few examples of “non-inherent rights� are:
- The right to dictate policy within a given set
- The right of property ownership
Now let’s take a closer look at the “rights� in question, those being the right to protect oneself against attack (God given) and the right of property ownership (Legal).
It can be argued that since the right to protect oneself is God given, then the right to use any and all means available to do so is God given as well. I can find no fault in this line of thinking therefore I can logically make the connection that the use of firearms, if they are available, to protect oneself is a God given right.
It can also be argued that property ownership is NOT a God given right but one that requires an outside stimulus i.e. an agreement between parties, or groups, that defines “property�, sets limits upon the method of collection of such property, assigns overseer responsibilities to review and record those limits, etc. This is in fact a Legal set of circumstances and I can logically make this connection as well.
Now the question becomes how to justify these two points.
My rationale is as follows:
If I can define, and accept, “God given� rights as those that are, in fact, innate and which require NO input from any outside source in order to be binding AND I can accept that the concept of “Property Ownership� is NOT an innate condition but one that derives it’s source of strength from agreements made externally, then I can justify the argument of firearm ownership.
The conclusion then is that while the use of firearms in protection of oneself is a “God given right� the actual ownership (“right to keep�, right to a CHL, etc.) of a firearm (or anything else for that matter) is a legal concept and is NOT a “God given right� therefore the arguments made for, or against, a “rights hierarchy� are entirely dependent upon the current external agreements which dictate the legal concept of ownership. If that is the case then debates concerning such a hierarchy are strictly academic and have no real meaning until such time that the current “agreements� dictating/defining legal ownership are modified.
The problem however, is that innate, God given rights are absolute. They cannot be extinguished. They may be subjugated but can NOT be expunged.
Legal rights, on the other hand, can be defined, redefined, modified, completely deleted or completely reinstated over and over again. Since this is the case then, in a free society, it becomes imperative that the external agreements that define “Legal rights� be closely monitored lest any of those rights be forfeited, but the legitimacy of those rights is based entirely upon the “agreements� that are in place at any given time. By the same token, if you are dissatisfied with the current “agreement� then have it changed more to your liking.
So there.