(July 5, 2014 at 3:04 pm)Irrational Wrote: I don't think you're getting me. For example, is the right to save a child from drowning a legal right or a "made up right"?
That's covered by the right of bodily autonomy.
I don't care if you draw examples from different nations, but it's patently ridiculous of you to invent examples out of thin air to prove a point at issue with respect to the real world. That's arbitrary, begs the question (by asserting what you need to prove), and does nothing to illustrate your overarching point that, in your view, some rights supercede the rights of conscience and bodily autonomy which Cthulhu mentioned. Not only are such ersatz rights readily dismissed as bollocks, they do nothing to advance the question of whether rights recognized in national law are susceptible to the same objection. If not, then your "made up right" becomes an irrelevant exercise.
(And for what it's worth, I think all rights are indeed "made up." Unfortunately, the majority position is that "rights" refers to a class of objectively existing moral facts about the world. Your entire diatribe about the arbitrariness of rights may be interesting speculation, but it belongs in some other discussion. The only reason we're even discussing it is because you couldn't think up a defensible real world example of a recognized right that supercedes the rights of conscience and bodily autonomy with justification. Even if I admitted your hypothetical "rights" ex hypothesi, they would then fail to justify themselves as being both worthy of recognition and of elevation over these other recognized rights; it isn't as if the entire world has somehow "overlooked" the brilliance of positing such things as rights -- they've been discussed and disregarded previously. Those that made the cut are now law; those that didn't, aren't.)
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