RE: What Human Rights?
July 16, 2015 at 10:12 am
(This post was last modified: July 16, 2015 at 10:13 am by The Grand Nudger.)
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Quote: Yes, you have a right to remain silent because it is provided to you either by the constitution or some important law to protect your rights, but is there a universal right to remain silent when under arrest? Heck, in some places I can be executed without a trial.There's no universal right to remain silent no, but I still have that right. There isn't anything making a universal right to remain silent an impossibility either...no more so than it is impossible for me to possess that right. Again, like before, you just -might- get executed here in the states without a trial......but the existence of people or organizations willing to infringe upon your rights does not imply or demonstrate that they do not exist.
Quote:- Rights can and do change overtime, frequently accompanying social mutations - In legal systems influenced by Roman law we have something called "indeterminable concepts", it's basically words used by the legislator without a universal meaning that can be interpreted differently according to social circumstances, to prevent the law from becoming obtuse and useless when social progress happens - It's a nice way to avoid writing new laws all the time - Regardless, my argument is exactly that rights and Law change overtime and therefore there isn't a universal conception of morality and rights. Human rights are based on an idea of internationalism, equality and inalienability - Infringing upon those rights only happens if those rights are granted to you in the first place - If I have a constitution saying the death penalty is allowed, it is not an infringement upon my rights to sentence me to death - It would be if the constitution said otherwise.There isn't a universal conception of rights -at all-, but you accept that my right to remain silent exists even so..don;t you? Why do you then decided that human rights don't or can't, on that same basis? Whats the difference between my right to remain silent and human rights?
Quote:I consider national constitutions more important than some declaration made by the UN because the former actually reflects social tendencies, values and "traditions" (not in the usual sense of the word but merely what people value as rights and different tribes have different ideas) - A German constitution needn't be the same as a French one, or American one - What the UDHR wants is to create some hegemony according to what they think is true.Who argues that? What would that (or your response in general) have to do with the impossibility of human rights in the absence of a god?
I'm not saying that, in any given time, there isn't some sort of legal "morality " considered superior or even objective, that's a natural result of social mutations - But to argue that, from birth you have inalienable rights and that's just common sense (so it's not up for debate or burden of proof) and that those rights have always (and will always) existed, is, in my opinion, childish.
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