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RIGHTS

RIGHTS. DEFINITIONS DISTINCTIONS DERIVATION. 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.

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RIGHTS

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  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. ConstitutionAmendment 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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