A1lion835
Smash Champion
I've been contemplating the concepts of what rights should be given to people, such as right to gay marriage (I'll use this a lot), and how the law process is carried out. It's my view that, regardless of what you feel about the morality of an issue like gay marriage, it shouldn't matter because it's not your business. Why inflect your morals on other people? I've been trying to figure out how to articulate this for about a week and I think I've found it. This hypothetical society is, at least, close to ideal.
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First, let us define the most basic unit in this society -- the right.
Right -- An action that either:
This sounds like a pretty good way of running a society, right? Hopefully yes. If not, consider the following. In most modern societies, laws are made based off of their effect on other people. This is why theft, murder, assault, ****, and so many other actions are illegal; they negatively affect (and infringe upon the rights of) other people. This system takes the same basic concept, that the rights of all should be respected, and extends it more broadly over society. That way, people's own beliefs do not lead to bias in cases like gay marriage, because these issues are addressed in the same way as the rest of society.
In addition, the following are rights (which I will refer to as Basic Rights) that trump all other rights. Some of my society's axioms, if you will.
1. Freedom of expression (freedom of speech, press, religion, etc.)
2. Right to fair trial, and right to claim trial if rights are infringed upon
3. Right for rational citizens to vote on governmental systems (democracy)
4. Right to physical safety / self-defense (e.g. no 12-year-olds on the highway, and defending if attacked)
5. Right to pursue happiness -- This right means that individuals should not directly and greatly take away each other's happiness, but that taking offense at others' pursuit of happiness (i.e. gay marriage / inbreeding) is not a valid concern. The pursuit of happiness should not infringe on other's rights (specifically #4). In addition, this right does not cover impacts of what the people (by vote) decide (the government).
6. Right to Rebellion -- The right to overthrow the government if the people believe it is sufficiently corrupt.
An extremely important rule to work out is the following: by electing their representative government, the people relinquish some rights to the government. If the gov't determines that said rights being exercised by the people are bringing more weight to society than good (for example, mass homosexuality leading to a rapidly declining birth rate), they may take whatever measures necessary to lift the weight off of the society. In the example of homosexuality putting the population in jeopardy, the government might need to go as far as forcing procreation between pairs of people if no other solutions exist.
In addition, the following are not rights.
1. Making other individuals perform forced labor
2. Imposing excessive fines/bail; performing cruel and unusual punishment
3. Forcing civilians to house soldiers
4. Right to Ignorance -- Not being educated or using mind-altering drugs. The negative effect of having people who are incapable of functioning within the society is too great.
5. Right to Restriction -- Aside from those with criminal records, the government may not force any citizen in the country to stay there.
Astute readers will notice that these rights draw heavily from the US system. As a US citizen, I can say that it works pretty well concerning the legality of certain deeds based on other people's rights. Moving along...
As an example of how this system works, consider Person A who wants to verbally Person B; this is contradicted by Basic Right #5, as A would be greatly and directly hindering B's right to pursue happiness. However, exclusion of an individual from a group (which, for reasons I can't begin to fathom, is often considered "bullying") does not directly inhibit the excluded's right to pursue happiness, and in addition aids the group in pursuing happiness, provided they have a rational reason for exclusion.
Now, based on the axioms I have defined above, we can derive some more rights. These are all either from the basic definition of a right or more directly implied by a Basic Right. Of course, this list is not complete.
1. Right to consensual physical interaction -- Physical contact should be consensual. To put it bluntly, high-fives are good and **** is bad. Accidentally bumping into other people in the hallway is not bad. Intentional, nonconsensual contact can be brought to court and dealt with case-by-case. This is implied from Pursuit of Happiness.
2. Right of Possession -- If Person A owns something, it is his to do with as he chooses. This means, obviously, that stealing it is unlawful. This also applies to life. Unless a victim agrees to it, murder is illegal. At the same time, a member of society has the right to commit suicide. If the individual who wishes to die (let's call him Person X) is prevented from doing so by another individual, X can pursue legal action for the emotional trauma they have gone through. This is implied from Pursuit of Happiness.
3. Right to Free Marriage -- Marriage can exist between any two partners. This is because it does not considerably drain on society, does not infringe on any other rights if granted to all citizens, and does not interact largely with other parts of society. Again, being blunt: guys can marry guys and brothers can marry sisters, because it's no one else's ****ing business. However, members of unions that are deemed to not have sufficient genetic variety (close inbreeding) may not create offspring with each other. Also note that there is no maximum number of marriages per person.
4. Right to Hunt -- People may hunt species for any purpose. However, if overhunting of a species occurs, the government may prohibit its hunting to help keep the ecosystem stable and diverse.
It is important to note that individuals' rights may be restricted if they are not deemed to be rational and educated until such time that they are. For example, adolescents cannot vote because of their developing minds and possible bias/pressure from parents. An individual without proper education should also not vote.
This is a more ideal society than we see in most (dare I say all?) parts of the world today. In this society, your rules aren't arbitrarily declared by the government; every individual has the exact same rights (unless they are willingly relinquished), and these rights are defined in an elegant, recursive way. It completely eliminates the passing of ethical laws based on people's own ethical standards (such as with outlawing gay marriage), and instead only considers the ethics of the situation.
There are probably a few minor holes in this system of rights, but I don't think three more Basic Rights would be unable to patch up any holes. At the same time, there are probably possible contradictions in my system, but I'm sure the rights can be adjusted to remove them. What do you guys think?
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First, let us define the most basic unit in this society -- the right.
Right -- An action that either:
A. interacts with other members of society in such a way that, if this right were granted to all people, would not result in any one individual's rights being infringed upon, and also would not result in a significant overall drain on society.
B. does not largely interact with other members of society or the society as a whole.
B. does not largely interact with other members of society or the society as a whole.
This sounds like a pretty good way of running a society, right? Hopefully yes. If not, consider the following. In most modern societies, laws are made based off of their effect on other people. This is why theft, murder, assault, ****, and so many other actions are illegal; they negatively affect (and infringe upon the rights of) other people. This system takes the same basic concept, that the rights of all should be respected, and extends it more broadly over society. That way, people's own beliefs do not lead to bias in cases like gay marriage, because these issues are addressed in the same way as the rest of society.
In addition, the following are rights (which I will refer to as Basic Rights) that trump all other rights. Some of my society's axioms, if you will.
1. Freedom of expression (freedom of speech, press, religion, etc.)
2. Right to fair trial, and right to claim trial if rights are infringed upon
3. Right for rational citizens to vote on governmental systems (democracy)
4. Right to physical safety / self-defense (e.g. no 12-year-olds on the highway, and defending if attacked)
5. Right to pursue happiness -- This right means that individuals should not directly and greatly take away each other's happiness, but that taking offense at others' pursuit of happiness (i.e. gay marriage / inbreeding) is not a valid concern. The pursuit of happiness should not infringe on other's rights (specifically #4). In addition, this right does not cover impacts of what the people (by vote) decide (the government).
6. Right to Rebellion -- The right to overthrow the government if the people believe it is sufficiently corrupt.
An extremely important rule to work out is the following: by electing their representative government, the people relinquish some rights to the government. If the gov't determines that said rights being exercised by the people are bringing more weight to society than good (for example, mass homosexuality leading to a rapidly declining birth rate), they may take whatever measures necessary to lift the weight off of the society. In the example of homosexuality putting the population in jeopardy, the government might need to go as far as forcing procreation between pairs of people if no other solutions exist.
In addition, the following are not rights.
1. Making other individuals perform forced labor
2. Imposing excessive fines/bail; performing cruel and unusual punishment
3. Forcing civilians to house soldiers
4. Right to Ignorance -- Not being educated or using mind-altering drugs. The negative effect of having people who are incapable of functioning within the society is too great.
5. Right to Restriction -- Aside from those with criminal records, the government may not force any citizen in the country to stay there.
Astute readers will notice that these rights draw heavily from the US system. As a US citizen, I can say that it works pretty well concerning the legality of certain deeds based on other people's rights. Moving along...
As an example of how this system works, consider Person A who wants to verbally Person B; this is contradicted by Basic Right #5, as A would be greatly and directly hindering B's right to pursue happiness. However, exclusion of an individual from a group (which, for reasons I can't begin to fathom, is often considered "bullying") does not directly inhibit the excluded's right to pursue happiness, and in addition aids the group in pursuing happiness, provided they have a rational reason for exclusion.
Now, based on the axioms I have defined above, we can derive some more rights. These are all either from the basic definition of a right or more directly implied by a Basic Right. Of course, this list is not complete.
1. Right to consensual physical interaction -- Physical contact should be consensual. To put it bluntly, high-fives are good and **** is bad. Accidentally bumping into other people in the hallway is not bad. Intentional, nonconsensual contact can be brought to court and dealt with case-by-case. This is implied from Pursuit of Happiness.
2. Right of Possession -- If Person A owns something, it is his to do with as he chooses. This means, obviously, that stealing it is unlawful. This also applies to life. Unless a victim agrees to it, murder is illegal. At the same time, a member of society has the right to commit suicide. If the individual who wishes to die (let's call him Person X) is prevented from doing so by another individual, X can pursue legal action for the emotional trauma they have gone through. This is implied from Pursuit of Happiness.
3. Right to Free Marriage -- Marriage can exist between any two partners. This is because it does not considerably drain on society, does not infringe on any other rights if granted to all citizens, and does not interact largely with other parts of society. Again, being blunt: guys can marry guys and brothers can marry sisters, because it's no one else's ****ing business. However, members of unions that are deemed to not have sufficient genetic variety (close inbreeding) may not create offspring with each other. Also note that there is no maximum number of marriages per person.
4. Right to Hunt -- People may hunt species for any purpose. However, if overhunting of a species occurs, the government may prohibit its hunting to help keep the ecosystem stable and diverse.
It is important to note that individuals' rights may be restricted if they are not deemed to be rational and educated until such time that they are. For example, adolescents cannot vote because of their developing minds and possible bias/pressure from parents. An individual without proper education should also not vote.
This is a more ideal society than we see in most (dare I say all?) parts of the world today. In this society, your rules aren't arbitrarily declared by the government; every individual has the exact same rights (unless they are willingly relinquished), and these rights are defined in an elegant, recursive way. It completely eliminates the passing of ethical laws based on people's own ethical standards (such as with outlawing gay marriage), and instead only considers the ethics of the situation.
There are probably a few minor holes in this system of rights, but I don't think three more Basic Rights would be unable to patch up any holes. At the same time, there are probably possible contradictions in my system, but I'm sure the rights can be adjusted to remove them. What do you guys think?