jakelafort

Robert the way you have framed the issue makes me think of Locke and his construct, the social contract.

Is it the state that has the power to decide what constitutes freedom? Everything an individual enjoys emanates from the state? Any way an individual is circumscribed is a result of the exercise of the state’s authority. Or are certain…[Read more]

I suppose default rights have to be distinguished from rights that are created legally and universally enjoyed like Miranda rights. Specific circumstances (being arrested) trigger the right to remain silent etc. Miranda rights were created as a result of past injustice. (Privileges are related but a different species.)

Robert, i suppose it is necessary to define terms before having a serious discussion. I think in common parlance rights are inherent and inalienable. Buying mustard is as aspect of commerce. That is a right of any citizen who has not otherwise forfeited the rights of a citizen.

Injuring another is subject to either civil liability or criminal…[Read more]

@unseen

I’m starting to wish a Philosophy of Law course had been among my philo studies.

Is this ever discussed in law courses: Is having a right the default unless it’s abrogated or limited by law?

In other words, I have the right to buy mustard, engage in recreational sex, or wander near and far unless some law takes that right away or lim…[Read more]

I just read how the life span of c. elegans has been extended 500 percent. It feels to me like we are on the verge of a medical revolution and when ya extrapolate the insertion of AI into the equation it is sci fi on our doorstep. Then again so is armageddon.

Maybe the USA will be divided (or ought to be) into two countries. The viewpoints of the majority right and left are so far apart that it might be the best thing. Beats civil war or the possibility of descending into outright fascism.

Unseen…Maybe not a direct assault but by taking past actions into account, it might color their decision in certain cases. That isn’t impossible, is it?

Not sure i follow you. However the scenario i laid out is so contrary to the fundamental notions of justice that it would be shocking.

Oh and i think it was your link about Louisiana. Out of the fog…well it could have been NPR..

Unseen, if that issue is taken on cert. and the decision reverses the plain meaning and precedent concerning ex post facto laws then this nation is utterly gonzo. I heard today that Louisiana is gonna pass a law making abortion into homicide. Imagine the scenario where some poor woman is raped and gets an abortion and then is prosecuted for…[Read more]