Liberty and Rights

by OC Cunz

What do you think?

What is the difference between liberty and rights?

Definitions

• Liberty– In short is one among many Human Rights or Derechos

Humanos (Burke)– The positive enjoyment of various social, political, or economic

rights and privileges – The limits within which a certain amount of freedom may be

exercised.• Rights

– Justifiable claim laid by one individual upon another or upon society in general (Laws)

• Paternalism– Interference with a person’s liberty of action justified by reasons

referring exclusively to the welfare, good, happiness, needs, interests or values of the person being coerced.

Liberty and Rights: What are they?• Liberty:

– Self-Determination• Political / reasonably free from external political

constraint• Social / self-determination

Liberty and Rights: What are they?• Rights:

– Natural Rights: As per our nation’s founding documents

• Stoic Philosophy: Whatever happens, it is by divine will

• Natural Law: Keeping with human nature

– Human Rights:• Political guarantees respecting the freedoms of

individuals• Is a prerogative, granted by law pertaining to

citizens of that nation living under that law.

Liberty and Rights: What are they?• Right to work

• Right to be paid for work

• Right to a speedy trial

• Political Rights– US Constitution and its Amendments– Right to vote

Liberty and Rights

- Liberty and Rights are somewhat like oxygen. It’s difficult for people to know for sure what they really are until they are deprived of them.

John Stuart Mill

• Utilitarian Centric Perspective– “The ultimate appeal on all ethical questions”

• Liberty of Thought and Discussion

• Liberty of Individuality

• Limits of Authority of Society

• Applications– The only warranted infringement upon one’s

liberty is solely for self-protection

Edmund Burke • Liberty must be balanced with established

tradition• Liberty has to be constrained somewhat or

there will be chaos• Need to control individuals• Paternalism - community should decide what

is best

Is REAL liberty purchased?• Be sure real liberty is purchased at no other

price• Is there a “free government”?• Is there a price of liberty?• Can elected officials really run a “free Govt”

– Reps of the constituents– Burke:

• Supposed to LEAD? -or- be “instruments”?

• Burke finds middle ground:– “Let us add, if we please, but let us preserve what

they have left…” -text pp343

James W. Nickel- Human Rights

- Right holder: The person who benefits from or are protected by the right

- Addressee: The ones upon whom the right imposes obligations or duty

Universal Declaration of Human Rights

- U.S. has not ratified these treaties -

- Adopted in 1948 by UN general assembly

- If not binding is it cause to go to war over

infractions?

- If it is cause for war:Are they criminals for what they were doing?

Are they war criminals to be tried as such?

Universal Declaration Articles

No arbitrary detention– Japanese internment camps?– Guantanamo detainees?

Fair and Public Trial– Can you really give Manson/Hitler/Sadam

a “fair trial” by a jury of peers?

International Treaties/Laws

• Are you bound to International Treaties and Laws that your country does not ratify?

• Can you try members of foreign nations who commit crimes based on International Treaties their country has not ratified?

Inalienable Rights

• People are born with certain rights afforded them by being of the human race.

• Nickel says:– Also means these rights can’t be bargained

away by the right holders• What about legally waived rights (5th

Amendment) in exchange for cooperation (lesser sentencing)

Gerald Dworkin

- Paternalism: Interference with a person’s liberty of action justified by reasons referring exclusively to the welfare, good, happiness, needs, interests or values of the person being coerced.

Interference in the liberty of Action

• Self protection or the protection of others

• …the individual’s own good is never a sufficient warrant for the exercise of compulsion.

Death Penalty

• Assuming:– Costs associated with administering the death penalty

were not astronomical– Appeals did not take 20+ years

• Is prescribing the death sentence warranted for an individual who has been sentenced to life without parole for their crimes?

• Keep in mind: Killing the felon does not reduce the threat of the individual nor does it increase the protection of the populous.

Paternalistic Interferences• Laws requiring license to engage in certain

professions• Laws against dueling (Article 114 UCMJ)• Laws making suicide a criminal offense• Not allowing assumption of risk as a defense to an

action based on the violation of a safety statute• Not allowing as a defense to a charge of murder or

assault the consent of the victim

- Discussion: Who rides a motorcycle?

Laws against Dueling

• Why? – Acting of their own free will & both are acting in self

defense with no intent of harming anyone not in the duel.

• What about Dr. Kevorkian?

• Euthanasia?– Painless taking of a life to end suffering– Terri Schiavo

• Abortion?

Pure vs. Impure Paternalism

• Pure: class of persons whose freedom is restricted is identical with the class of persons whose benefit is intended.

• Impure: restricting freedom of others in the effort to increase the protection of a class of persons.– 40 hr work week?

• What about salaried employees?– Are they a consenting victim assuming the risk or is it a

loop-hole?

Killing to stop a Murder

• Is the man who kills to stop a murder in violation?• At what point do we assume too much responsibility

for the determination of the welfare of others?- Mill: Left to themselves, greed will rule. Everyone acting

in their own self interest degenerates the commons, need some sort of governing body to regulate and conserve the commons.

- Individual interests are in conflict with the common good

Man-Tracking Proposed

• Human GPS tracking devices embedded at birth as crime reduction tactic.

• Ignoring– Technical aspects (say you could not detect them for

retrieval)– Religious aspects (mark of the beast, etc.)

• Kidnapping, lost children, criminal apprehension, POW locations, etc.

• “WE’RE TALKING ABOUT PEOPLES LIVES HERE!!!”

Does self-determination have a place?

- Self determination = greed

(Freedom to not wear a helmet)

• Restriction is a lesser of two evils than the bad outcome and is therefore justifiable.

• Paternalism is justifiable only to preserve a wider range of freedom for the individual in question.

• If you booze you loose

Fin

Questions?