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450 points pseudolus | 1 comments | | HN request time: 0.199s | source
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hayst4ck ◴[] No.43578502[source]
America has done an absolutely terrible job of teaching people about rights.

If governments granted rights then they would be privileges not rights. In western tradition governments exist to protect rights, such as the freedom of expression, not to grant them. If you believe these are human rights, rather than your privilege as an American, then you must protect their rights to seek justice too.

People are already being robbed of due process, which means they are robbed of the process that determines their right to "protections" and citizenship status. Almost all authoritarian regimes presume the right to rob people of the protections of their state. You perceive citizenship to be some indelible legal status, but citizenship can be revoked either tacitly or explicitly which is a prelude to the violation of someone else's rights and their human dignity.

The law can't protect or enforce itself. If the ruling regime chooses not to be bound by law then what should happen or what is supposed to happen is supplanted by what can happen. Even a cursory look of what can happen in authoritarian regimes should turn anyone's stomach.

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kelnos ◴[] No.43578820[source]
I think what's going on is a helpful reminder that there's no such thing as "rights" in the way you describe. Everything we have, everything we're permitted to do, is at the pleasure and permission of our governments. Constitutions and laws are only worth anything if the people in charge honor them. Might may not make right, but might does let you impose whatever you want on people who don't have your might.

You can try to design systems where one group of people don't have all the might, and so those who balance them are somewhat adversarial in their goals and desires. We always thought the US had such a system, but when you put law enforcement and the military under a single group, and give the other two groups no teeth, you really don't have that sort of system.

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branko_d ◴[] No.43578946[source]
> Everything we have, everything we're permitted to do, is at the pleasure and permission of our governments.

Wrong! The people are ultimately responsible for reigning-in their governments and are the ultimate source of any rules or rights that the governments end up enforcing.

If you think that the ultimate authority is with the government, then you have justified every authoritarian regime out there.

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hayst4ck ◴[] No.43579369[source]
There are two basic world views.

One is based on order and rule. You have a leviathan, an absolute ruler, who imposes order on society.

The other is one based on freedom and law/justice. A society based on affirmative mutual consent and a system orthogonal to power to handle disputes.

Unfortunately, power determining the outcome of disputes is the default, and a system of law or justice cannot enforce itself without the participation of those bound by it. The core founding principle of western society is solidarity via collective bargaining, what other option is there than other than to submit to someone more powerful than any individual?

Do you want to submit to a man, or submit to an idea? If you submit to an idea you must defend it. If you submit to a man, you deny your own agency and your own rights.

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lurk2 ◴[] No.43579406[source]
> The core founding principle of western society is solidarity via collective bargaining

What is the basis of that assertion? If you go back as far as the Greeks, this only holds true if you focus on one specific city-state, and ignore that said city-state disenfranchised foreigners and legally permitted the ownership of slaves. Similar problems occur if we attribute western civilization to the Romans.

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hayst4ck ◴[] No.43579745[source]
I am far from a historian, but my understanding is that the protestant reformation birthed the enlightenment by shifting people's idea of god as something to be interpreted by an authority structure (the church) to something that is interpreted internally. Is your relationship with god mediated by a church or a direct relationship with god? The reformation is more closely related to "westenrism" than the Greeks or Romans who laid some of the philosophical groundwork.

Out of the enlightenment we get John Locke who provided much of America's founding philosophy:

Locke argued that a government's legitimacy comes from the citizens' delegation to the government of their absolute right of violence (reserving the inalienable right of self-defense or "self-preservation"), along with elements of other rights (e.g. property will be liable to taxation) as necessary to achieve the goal of security through granting the state a monopoly of violence, whereby the government, as an impartial judge, may use the collective force of the populace to administer and enforce the law, rather than each man acting as his own judge, jury, and executioner—the condition in the state of nature.

My claim is that this is isomorphic to solidarity via collective bargaining when you account for the idea that the government being an impartial judge is not black and white but grey.

I think it's fair not to say that it is not the core founding principle. I think it's probably more correct to say that it's the theory of power that must be true to support human rights or ideas of freedom.

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1. milesrout ◴[] No.43579984[source]
It is not collective bargaining. You refer to the social contract.

The idea of the social contract has issues. For one, the fundamental of contract is consent, which is missing.

Realism tells us that we do not delegate anything to the state.