runner
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What constitutes an inalienable right? Also, every citizen can attend public school from age K-12. Is that considered an inalienable right?
The discussion centers on the definition and implications of inalienable rights, particularly in relation to public school attendance in the United States. Participants argue that while rights such as life, liberty, and the pursuit of happiness are considered inalienable, access to public education is not, as it can be revoked by parental choice. Historical references are made to philosophers like Francis Hutcheson and John Locke, emphasizing that inalienable rights are fundamental and not dependent on external provisions like education or healthcare.
PREREQUISITESPhilosophers, legal scholars, educators, and anyone interested in the foundations of rights and their applications in modern society.
jimmysnyder said:Life, liberty, and the purfuit of happinefs.
jimmysnyder said:Life, liberty, and the purfuit of happinefs.
It's self-evident.runner said:Ok, we accept that. But what makes those things inalienably right compared to something else?
It pretty much comes down to mutual consent.runner said:Ok, we accept that. But what makes those things inalienably right compared to something else?
http://en.wikipedia.org/wiki/Natural_and_legal_rights (disclaimer: article may require cleanup to meet Wikipedia's quality standards.)The distinction between alienable and unalienable rights was introduced by Francis Hutcheson in his A System of Moral Philosophy (1755) based on the Reformation principle of the liberty of conscience. One could not in fact give up the capacity for private judgment (e.g., about religious questions) regardless of any external contracts or oaths to religious or secular authorities so that right is "unalienable." As Hutcheson wrote, "Thus no man can really change his sentiments, judgments, and inward affections, at the pleasure of another; nor can it tend to any good to make him profess what is contrary to his heart. The right of private judgment is therefore unalienable."[12]
In the German Enlightenment, Hegel gave a highly developed treatment of this inalienability argument. Like Hutcheson, Hegel based the theory of inalienable rights on the de facto inalienability of those aspects of personhood that distinguish persons from things. A thing, like a piece of property, can in fact be transferred from one person to another. But the same would not apply to those aspects that make one a person, wrote Hegel: . . .
This particular right is not inalienable in the US. Your parents can take it away from you by sending you to a private school, or by home-schooling.runner said:Also, every citizen can attend public school from age K-12. Is that considered an inalienable right?
jimmysnyder said:This particular right is not inalienable in the US. Your parents can take it away from you by sending you to a private school, or by home-schooling.
Alienable.runner said:This is not the case in some parts of the world.
jimmysnyder said:Alienable.
Edit: If other countries don't order their societies the way we do, that's their business. We shouldn't go invading them. However, if we do invade them, we are bound to say we are protecting someone's inalienable rights. Are you just concerned about the fact that other countries don't order their societies the way we do, or are you looking for an excuse to invade?
This description self evidently includes life, liberty, pursuit ..., and it also rules out anything upon which we must be dependent on others to supply (e.g. education, health care).To understand political power right, and derive it from its original, we must consider, what state all men are naturally in, and that is, a state of perfect freedom to order their actions, and dispose of their possessions and persons, as they think fit, within the bounds of the law of nature, without asking leave, or depending upon the will of any other man. A state also of equality, wherein all the power and jurisdiction is reciprocal, no one having more than another; there being nothing more evident, than that creatures of the same species and rank, promiscuously born to all the same advantages of nature, and the use of the same faculties, should also be equal one amongst another without subordination or subjection, ...
Because an oppressive government or group might intervene and enforce some deprivation does not make the right any less of one. Inalienable, as it was used by the US founders, I believe refers to those rights which we all have on day one, without dependence on any other. They are few, fundamental, and sufficient.Bystander said:"Inalienable right?" You have the right to be dead. Everything else can be taken away by nature or man (law, religion, government).
I wrote what I wrote since there is such a large gap between the universal concept of inalienable rights, and the narrow concept of public school attendance, a right which so obviously is not inalienable.runner said:Huh? I don't understand where you are going with the comments in your edit.
runner said:To all: Are there any other inalienable rights other than what is spelled out in the constitution, or is that pretty much it, by definition?
mheslep said:See Locke. He's the man. Jefferson appears to have actually grabbed the phrase http://www.jstor.org/stable/2130435?seq=2" from George Mason's Virginia Declaration of Rights, but the idea and foundation is all Locke by my reading; he use's 'born to'.
http://history.wisc.edu/sommerville/367/Locke%20DecIndep.htm"
This description self evidently includes life, liberty, pursuit ..., and it also rules out anything upon which we might be dependent on others to supply (e.g. education, health care).
I say no. I believe they are responsibilities on the part of those that are able to provide to those that are not able.runner said:Thanks. Just wondering where or how you would categorize those other things (e.g. education, health care). Are they some other form of legal rights?