@Robert Gentel,
Robert Gentel wrote:And it doesn't matter whether you specify them or not,
That's good. I don't actually have a list on hand. I know that "the right to defend yourself when someone is trying to harm you" is one such right, but I am not prepared to list all the others.
Robert Gentel wrote:it's plainly obvious that there are no such thing as "inherent" rights
If certain rights are removed from a society, that society will lose its justification for existing and it will become OK to destroy that society.
Robert Gentel wrote:and that people who describe such things are just using hyperbole to say rights that they reeaaaally reaally like.
I doubt that the legal philosophers who created humanity's systems of laws included these rights based simply on how much they liked them. They seemed to base the inclusion of these rights on the logical justification for having a system of laws.
Robert Gentel wrote:Inherent to precisely what?
To humanity.
Robert Gentel wrote:How is this not just a declaration of a right you consider "fundamental"?
I am not the one who made this right fundamental to the existence of society. That was done by the legal philosophers who created humanity's systems of laws in past centuries. All I'm doing is reporting on the state of humanity's legal systems.
Robert Gentel wrote:How is it a "legal fact" that they are "inherent" (inherent to what)?
Inherent to humanity.
It is a legal fact because every legal system on the planet includes these rights as part of its basic foundation and justification for existing.
Robert Gentel wrote:Upon what do you base this claim?
Upon the writings of the legal philosophers who created the foundation of humanity's legal systems.
Robert Gentel wrote:It is only so as a sociological construct, it didn't magically appear so societies agreed to establish this right. It has also evolved over time, from not existing at all to being equated with defense of property in Roman times.
As sociological constructs go, this one is pretty fundamental. Any society that does away with these rights can be destroyed as if they were a band of pirates.
Robert Gentel wrote:You are basically saying you find this right essential, but you are using "inherent" instead to describe it.
I don't know how you can get any more inherent than a requirement that the right must exist in every legal system.
Robert Gentel wrote:Nobody is hanging pirates anymore and this whole line of discussion was a pointless exercise in your fantasy life.
The legal basis for hanging pirates still exists, even if it is currently unused.
I did not fantasize that there is legal justification for hanging pirates. There really is legal justification for hanging pirates.
Robert Gentel wrote:oralloy wrote:I disagree with your assessment that they are doing great. A life without freedom is without meaning.
The key thing that matters is that they think they are doing great and your opinion on the matter is not relevant to them.
I'm not so sure that that is the key thing that matters. That a serf is happy with a meaningless life in some ways makes the whole thing even more tragic.
Robert Gentel wrote:oralloy wrote:A Common Law right is quite different from a fundamental human right.
They are not mutually exclusive but that isn't relevant to this discussion.
A fundamental human right applies to all humans and can never be removed.
A common law right only applies to a subset of humans, and it can be repealed (though not so easily in the US).
Robert Gentel wrote:Is "freedom" a fundamental human right?
I don't know.
Robert Gentel wrote:I'm talking about your fantasy life,
The legality of hanging pirates is not the product of my imagination.
Robert Gentel wrote:you have nothing to do with hanging pirates either, just like you don't get to dictate everyone's rights etc.
I never claimed I had anything to do with hanging pirates. I am capable of referring to legal concepts without having participated in them.
I never claimed to dictate anyone's rights. These rights were dictated by legal philosophers centuries ago. What I do is make factual statements regarding the state of our legal system.
Robert Gentel wrote:You talk about it a lot and this is just an active fantasy life.
I did not imagine these facts about our systems of law. The facts are all quite real.
Robert Gentel wrote:This is actually a very fluid time for these fundamental human rights when it comes to global enforcement and things are just not as straightforward as you make them out to be. It is true that in very recent human history (2005) the world (as defined by the UN) has agreed upon a convention called R2P (Responsibility to Protect) that outlines an obligation to intervene against genocide, ethnic cleansing etc but even then the world does not establish this right consistently and will frequently ignore this obligation in situations such as Syria.
Robert Gentel wrote:This is a fantasy instead of the real world. Fundamental human rights are violated on a routine basis with relative impunity. Your notion that the rest of the world will simply "destroy" the society etc or hold it at "gunpoint" is just tough-guy talk in the place of the helplessness that often is the real world.
In the real world nations like North Korea have infringed on fundamental human rights for decades and there is no simple "just shoot em up" solution to it.
I find the examples of North Korea and the bad guys of Syria to be quite apt examples for my point about societies that have the same legal status as a band of pirates.
The fact that a band of pirates is powerful enough to prevent anyone from going in and hanging them does not change their legal status as a band of pirates.
If someone were strong enough and willing to conquer North Korea and Syria and hang all the bad guys for their atrocities (after fair trials of course), that would be a boon for humanity would it not?