(December 27, 2012 at 9:12 pm)Lion IRC Wrote:(December 27, 2012 at 2:44 am)SkyMutt Wrote: Anthropology is still a very broad category. We are not talking of some sort of Hobbesian "state of nature" here, but rather of a Western civilization in the early 21st century. Your simplistic "might=right" equation is completely inadequate to describe its workings.I'm not trying to be expansive - the reduction is deliberate. It really can be simplified in just that way.
(December 27, 2012 at 2:44 am)SkyMutt Wrote: ...The majority in the United States does not have "the collective the right to do whatever it wants," and if you believe that it does, I suggest you try reading up on the laws of that country.
Yes they do.
I suggest you try reading up on the laws of that country prior to the war of independence. No parliament can pass a law that binds future parliaments.
The same mandate of the masses which ratifies a Constitution can UNratify or create a new/different Constitution.
And your quaint notions about "The Law" didnt prevent these folk from taking it into their own hands.
(December 27, 2012 at 2:44 am)SkyMutt Wrote: ...You've ignored my point about the inherent protections in the Constitution of the United States against a tyranny of the majority.The are not inherent. They are provisional. The protection of minorities has (and needs) the assent of the majority.
(December 27, 2012 at 2:44 am)SkyMutt Wrote: ...I would reinforce that by stating that well established legal precedent in the U. S. also thwarts a tyranny of the majority.
Legal precedent? You do know who pays the wages of the judiciary dont you? Tax-payers/voters.
(December 27, 2012 at 2:44 am)SkyMutt Wrote: ...I'd hate to think you're ignoring my point simply because it refutes your position.You have to make a refutation before I can ignore it.
I am not quite sure what all this stuff about the happenings prior to the Revolutionary War, but we do not have the absolute right to do whatever we want, otherwise why have a Constitution(that is a law document itself)?
It is specifically an anti trust law banning monopolies of power by setting up a system of checks and balances. If we got to always do whatever we wanted that would simply be anarchy.
Laws are always a social contract setting up parameters as to what government can do vs what you yourself can do. Freedom of speech does not mean you can say "Go kill this person". Nor does it mean we can sell porn to kids.
The "freedom" we have is merely the ability to write our own laws and the ability to dissent, and ask for a review of case when we feel the government has stepped on our rights. It does not give us the freedom to burn down our neighbors house, or run naked in the public streets.