Bolivia enshrines natural world's rights

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Re: Bolivia enshrines natural world's rights

Post by MrJonno » Sun Apr 17, 2011 10:21 am

How can society "create" something that has no physical existence? "Rights" are of course a philosophical construct that is not necessarily unique to human beings. It's just that we are able to articulate and codify them, whereas other creatures simply exercise and defend them.
Philosophical constructs are limited to whatever can have a philosophy which currently includes individuals humans and groups , so unless aliens or higher mammals can be shown to be capable of abstract thouht this is currently humans. Other animals do not have rights (but do have government, wolf packs are a clear example of this)
Fundamentally, rights are nothing more than individual liberties or freedoms of action that an organism can defend against intrusion by another organism
A requirement to survive does not make something a 'right'
How does that explain stoning adulteresses to death? Or are you now going to claim that such societies are not "civilized" as a way of weaseling out of the discussion?
Their requirements for the right to live are a lot higher than countries we live in and are definitely somewhere I would prefer to avoid. The US has the death penalty so obviously its required cost for this right is higher than Europe but lower than say Iran.

The cost fo any right may not require finanical payment but it may require a cost in behaviour, no death penalty in the US or Europe for not paying your taxes
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Re: Bolivia enshrines natural world's rights

Post by ScholasticSpastic » Sun Apr 17, 2011 6:48 pm

Rights are for entities with some minimum level of cognitive facility. Nature, animals and children do not have rights. They have protections. Protections are not the same as rights and using the wrong term is not conducive to rational conversation or legislation.

I am all for protecting the environment, animals (by virtue of protecting the environment) and children (by virtue of their ability, usually, to grow up and obtain the level of cognitive facility necessary to have rights). I am not at all in favor of the sort of lazy thinking which transmutes these protections into "rights."

For me, the difference between "protections" and "rights" is one of accountability. Protected entities need not be held accountable by some set of standards (such as adherence to legal proscriptions- for example, the environment is not expected by sane persons to behave in accordance with the wishes of our legislative bodies). Fully functional adults are granted rights and held accountable, with many of their rights acknowledged to be conditional upon the extent to which they adhere to some minimal standard of conduct.
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Re: Bolivia enshrines natural world's rights

Post by ScholasticSpastic » Sun Apr 17, 2011 6:48 pm

MrJonno wrote: A requirement to survive does not make something a 'right'
No. It does not.
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Re: Bolivia enshrines natural world's rights

Post by laklak » Sun Apr 17, 2011 7:11 pm

.Morticia. wrote:
Seth wrote:
Making a "feel good" law is one thing. Enforcing it is another. Bolivia can't manage to enforce the laws it already has, what makes you think they can enforce this one?

this is pretty much what I was thinking
.Morticia and Seth agree on something.

Maybe we really are in the End of Days.
Yeah well that's just, like, your opinion, man.

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Re: Bolivia enshrines natural world's rights

Post by MrJonno » Sun Apr 17, 2011 7:20 pm

For me, the difference between "protections" and "rights" is one of accountability. Protected entities need not be held accountable by some set of standards (such as adherence to legal proscriptions- for example, the environment is not expected by sane persons to behave in accordance with the wishes of our legislative bodies). Fully functional adults are granted rights and held accountable, with many of their rights acknowledged to be conditional upon the extent to which they adhere to some minimal standard of conduct.
If a right can be taken away for any reason whatsoever its not inalienable or 'natural'. A person being held accountable to keep rights is just another way of saying they must pay for them (via action or refraining from action)
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Re: Bolivia enshrines natural world's rights

Post by ScholasticSpastic » Sun Apr 17, 2011 7:26 pm

MrJonno wrote:
For me, the difference between "protections" and "rights" is one of accountability. Protected entities need not be held accountable by some set of standards (such as adherence to legal proscriptions- for example, the environment is not expected by sane persons to behave in accordance with the wishes of our legislative bodies). Fully functional adults are granted rights and held accountable, with many of their rights acknowledged to be conditional upon the extent to which they adhere to some minimal standard of conduct.
If a right can be taken away for any reason whatsoever its not inalienable or 'natural'. A person being held accountable to keep rights is just another way of saying they must pay for them (via action or refraining from action)
Are you really functioning under the misapprehension that there's anything inalienable or irrevocable about rights? :hehe:
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Re: Bolivia enshrines natural world's rights

Post by MrJonno » Sun Apr 17, 2011 7:42 pm

No this is all aimed at Seth, whose entire philosophy is based on these natural/inalienable rights which quite obviously don't exist, rights do exist but they are a product of a society in the same way a car or computer is
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Re: Bolivia enshrines natural world's rights

Post by ScholasticSpastic » Sun Apr 17, 2011 7:46 pm

MrJonno wrote:No this is all aimed at Seth, whose entire philosophy is based on these natural/inalienable which quite obviously don't exist, rights do exist but they are a product of a society in the same way a car or computer is
Ah, gotcha! :tup:

Wasn't giggling at you, just the idea. I'm no post-modernist, but there do seem to be some concepts to which deconstructionist drivel is somewhat applicable- possibly by reason of the fact that some concepts are so silly that one needs to address them using silly methods.
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Re: Bolivia enshrines natural world's rights

Post by MrJonno » Sun Apr 17, 2011 7:54 pm

I think it all comes down to when and where people first here of inalienable/natural rights. As a Brit the first time I ever heard of them was probably around 10-11 in reference to Mein Kampf, ie the natural rights of the German people to having llebensraum living room, I assume US kids hear about it a lot earlier in their constitution. While I wouldnt want to call the them morally equivalent ( a natural right to free speech is a lot better than a natural right to commit genocide) both are equally rubbish when it comes to being natural.

What makes natural rights potentially evil is that is used to shutdown debate, a highly dangerous and unprogressive philosophy that stops society ever improving or adapting to new circumstances
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Re: Bolivia enshrines natural world's rights

Post by Seth » Sun Apr 17, 2011 8:25 pm

MrJonno wrote:
How can society "create" something that has no physical existence? "Rights" are of course a philosophical construct that is not necessarily unique to human beings. It's just that we are able to articulate and codify them, whereas other creatures simply exercise and defend them.
Philosophical constructs are limited to whatever can have a philosophy which currently includes individuals humans and groups ,
True, but as I said, rights can be a function of nature as well, although the animals that acknowledge such systems are not capable of intellectualising them.
so unless aliens or higher mammals can be shown to be capable of abstract thouht this is currently humans. Other animals do not have rights (but do have government, wolf packs are a clear example of this)
One cannot have "government" without "rights." Government is merely the process used to adjudicate rights recognized by the social group. In a wolf pack the Alpha male and female have rights that other members of the pack do not, and the entire pack acknowledges those rights. Frankly, we don't really know how or why such governance comes into being or what the wolves think about it, nor can we say with any accuracy that wolves do not engage in abstract thought, being ourselves unable to get inside their heads.
Fundamentally, rights are nothing more than individual liberties or freedoms of action that an organism can defend against intrusion by another organism
A requirement to survive does not make something a 'right'
Sure it does. The most fundamental and essential right of any living organism is the right to continued life. All living organisms will defend this liberty in one way or another, and since they claim that continued life and defend it, it's their right to do so.
How does that explain stoning adulteresses to death? Or are you now going to claim that such societies are not "civilized" as a way of weaseling out of the discussion?
Their requirements for the right to live are a lot higher than countries we live in and are definitely somewhere I would prefer to avoid. The US has the death penalty so obviously its required cost for this right is higher than Europe but lower than say Iran.

The cost fo any right may not require finanical payment but it may require a cost in behaviour, no death penalty in the US or Europe for not paying your taxes
Wanna bet? Refuse to pay your taxes anywhere with sufficient vigor and the government will eventually send armed thugs to take it from you by force. Resist that force with force and they can and will end up killing you. Just ask the fine folks at the compound in Waco about how willing the government is to use deadly force to compel obedience.
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Re: Bolivia enshrines natural world's rights

Post by egbert » Sun Apr 17, 2011 8:42 pm

Rights are not bestowed by Government or by legislation, they are only taken away.
When rights legislation is enacted, only the rights specified in the laws are protected, and all other rights are automatically revoked by the legislation.
Like most laws enacted by the sociopaths that rule the world, it's all a sham. Remember the U.S. Bill of Rights? All men are created equal - tell that to a segregationist Southerner!
And, when you're lying wounded in an Asian jungle, and the VC come in the night to bayonet the survivors, just hold up your hand and say, "Geneva Convention." :funny: :funny: :funny:
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Re: Bolivia enshrines natural world's rights

Post by MrJonno » Sun Apr 17, 2011 8:54 pm

One cannot have "government" without "rights." Government is merely the process used to adjudicate rights recognized by the social group. In a wolf pack the Alpha male and female have rights that other members of the pack do not, and the entire pack acknowledges those rights. Frankly, we don't really know how or why such governance comes into being or what the wolves think about it, nor can we say with any accuracy that wolves do not engage in abstract thought, being ourselves unable to get inside their heads.
Government is the method groups of individuals organise themselves to achieve common goals (like survival). For it to be government as opposed to just a bacterial colony the individuals must be aware of their role even if its just to obey their leaders. 'Rights' are often legislated by government but its not a requirement, you can't have rights without a function society/government but you can have a government where no one has any rights
True, but as I said, rights can be a function of nature as well, although the animals that acknowledge such systems are not capable of intellectualising them.
Rights are an intellectual concept, if you can't intellectualise them or others for you don't have any rights
Sure it does. The most fundamental and essential right of any living organism is the right to continued life. All living organisms will defend this liberty in one way or another, and since they claim that continued life and defend it, it's their right to do so.
Lower organisms don't even realise they are alive, a plant may react automatically to a change in environment but its obviously not something they are conscious of. Evoluntary even for higher animals their impulses to stay alive is actually secondary to their impulse to reproduce. I was in the nightclub district of my local city and I certainly had the desire to reproduce with a lot of women in skimpy clothes who walked past (in fact probably most of them) that doesnt give me the right to rape them through it might well be pretty natural to do so.

I just don't see how creatures want to live means creatures have the right to do so, thats not even circular logic thats just a statement out of the ether
nor can we say with any accuracy that wolves do not engage in abstract thought, being ourselves unable to get inside their heads.
We can run experiments to see if they can plan for the future, see if they have a concept of self, ie recognise themselves in a mirror. Its not easy but nor is it impossible. Dogs/wolves are probably on the very borderline of some sort of concept of self while it becomes far clearer in higher apes etc


There is no death penalty for not paying taxes in the 1st world (there is in China) but of course is you intefere violently with public officials you can end up dead but thats not for the tax evasion thats for violence. If someone stops you for speeding and you get out of the car with a crowbar, a policeman can shoot you dead but thats not for the speeding is it
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Re: Bolivia enshrines natural world's rights

Post by Seth » Sun Apr 17, 2011 9:02 pm

ScholasticSpastic wrote:Rights are for entities with some minimum level of cognitive facility.
Why? What is your argument for such a limitation?
Nature, animals and children do not have rights. They have protections. Protections are not the same as rights and using the wrong term is not conducive to rational conversation or legislation.
What, exactly, is being protected? On what basis is that protection extended by society? What is the underlying aspect of the protected thing that gives it the quality of being granted protection?
I am all for protecting the environment, animals (by virtue of protecting the environment) and children (by virtue of their ability, usually, to grow up and obtain the level of cognitive facility necessary to have rights). I am not at all in favor of the sort of lazy thinking which transmutes these protections into "rights."
It depends on how you define "rights" I guess. If you use circular logic and define rights as something that someone entitled to rights has, it's lazy thinking. You need to back up to basic principles and discuss what exactly a "right" is, and how such a thing might accrue or be recognized as being a part of one thing or another.

My definition, which is the most rational I've come across, says that a "right" is a freedom of action that can be defended against intrusions or interference by another.

I've not heard another description of a "right" that isn't tautological.

How do you define a "right?"
For me, the difference between "protections" and "rights" is one of accountability. Protected entities need not be held accountable by some set of standards (such as adherence to legal proscriptions- for example, the environment is not expected by sane persons to behave in accordance with the wishes of our legislative bodies). Fully functional adults are granted rights and held accountable, with many of their rights acknowledged to be conditional upon the extent to which they adhere to some minimal standard of conduct.
Clearly in a society, all rights are acknowledged and respected based on good behavior, and are conditional to some extent, depending on the right involved, but we start out with a full panoply of rights, and are free to exercise any freedom we have, or think we have, unless and until it harms, or threatens to harm someone else, or society as a whole chooses to decline to acknowledge that freedom as a right and constrains the exercise of the particular liberty. The important concept here is that rights are inherent in our ability to do things, to exercise liberty, to engage in activities in pursuit of our needs and desires, and that our rights may be constrained for any of a number of reasons, but that it is not society that grants us our rights. When you construct a social system based on the collective granting rights, as opposed to the American system of acknowledging that our rights are inherent and are not granted by other men, albeit they are regulated as a function of the society in which we live, you create a social system that is ripe for abuse by the tyrannical majority, which, if it can grant rights, it can give them away too, or seize them without the consent of the individual, for any reason or no reason at all.

The purpose of understanding that our rights inhere to us as a function of our ability to conceive of and exercise those freedoms of physical action (and thought) that are a part of our nature as living organisms is precisely to remove the "granting" of rights by others of the social group because such "grants" will always and inevitably reflect limitations on the freedoms of others in the selfish interests of those who are doing the granting, which is neither a logical nor an ethically strong way of going about it.

With inherent, natural rights, the individual has ultimate freedom and liberty to do anything he pleases, right up until his actions begin affecting other individuals who have the same unlimited freedoms. When that occurs, conflicts between the exercises of liberty, in any civilized society, take the form of adjudications and apportionments of "rights" to continue to exercise our freedoms that may be invoked against those who come into conflict with that exercise in some way.

For example, my right to life would be balanced against your right to shoot a gun in my direction, thereby creating a risk to my life. The adjudication would place greater value on my right to life than on your right to shoot a gun however it pleases you to do so, and would restrict your right to shoot a gun to circumstances and times when doing so is not an unreasonable risk to me, or others. Likewise, your right to shoot a gun at an established shooting range created to balance the above conflict of rights, would outweigh my rights as a person who moves in next door to the range to complain about the noise.

But until a conflict between the exercise of absolute liberty by the individual and some other exercise of absolute liberty by some other individual, or individuals comes into play, the concept of individual human freedom mandates and dictates that the individual be free to go about his daily life without having to ask permission from anyone else, including society as a whole, to do what he wishes to do. Therefore, if you are shooting your gun in a place and at a time where you cannot create an unreasonable risk to me or others, neither I, nor anyone else, nor indeed society, has any moral authority to interfere with your exercise of that freedom of action. Your right to shoot as you please, where no such conflict arises, is absolute and plenary, and society cannot justly prohibit you from doing so without citing some rational authority by which it presumes to infringe on your personal liberty that relates to harms to others or the public good.

Civilization is the process of ordered liberty and the balancing of the rights of individuals in order to achieve maximum possible personal liberty for each individual consistent with respect for the equal, and unequal rights of all other affected individuals.

Thus, one is not denied rights, which is nothing more than the authority to defend a liberty interest against intrusion by another, merely because one is a minor. It is the capacity to exercise some liberty, some freedom of individual action, coupled with the ability as an organism to defend that freedom of action against intrusion or interference by another that is the essence of "rights." A child has both rights and protections which society acknowledges and protects because the child may be incapable of personally defending those liberty interests. Those liberty interests, however, and the right to defend them, exist as a nacent capacity that can be recognized and protected by the parents and the society in the interests of the future capacity of the individual, as an adult, to do so himself.
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Re: Bolivia enshrines natural world's rights

Post by Thumpalumpacus » Sun Apr 17, 2011 9:59 pm

What sort of prison sentence will a person get for defeating an attack of pneumonia? Will delousing be made illegal?
these are things we think we know
these are feelings we might even share
these are thoughts we hide from ourselves
these are secrets we cannot lay bare.

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Re: Bolivia enshrines natural world's rights

Post by Seth » Sun Apr 17, 2011 10:10 pm

MrJonno wrote:
One cannot have "government" without "rights." Government is merely the process used to adjudicate rights recognized by the social group. In a wolf pack the Alpha male and female have rights that other members of the pack do not, and the entire pack acknowledges those rights. Frankly, we don't really know how or why such governance comes into being or what the wolves think about it, nor can we say with any accuracy that wolves do not engage in abstract thought, being ourselves unable to get inside their heads.
Government is the method groups of individuals organise themselves to achieve common goals (like survival).
Yes, this is true.
For it to be government as opposed to just a bacterial colony the individuals must be aware of their role even if its just to obey their leaders.
Why the distinction? Is a colony of Anthozoa Cnidaria, which organizes itself into columns, sheets, bollards or other forms that allow each member adequate access to nutrients and other necessities of life any less of an organization to achieve the common goal of survival than a human city with zoning laws and ordinances?

They both achieve the same function; to permit maximum freedom of action of the individual organism or member of the society consistent with achieving that organisms desires or needs in the interests of continued survival. One is more sophisticated than the other, but both are well organized. What is the rational basis for your argument that each member must be "aware of their role" in the organization of the collective. Is not all of human behavior nothing more than a sophisticated and complex iteration of the fundamental Darwinian principles of evolution and species survival?
'Rights' are often legislated by government but its not a requirement, you can't have rights without a function society/government but you can have a government where no one has any rights
No, you can't. At the very least, in a totalitarian government, the government elite who do the governing have more rights than those whom they rule. Even in a wolf pack government, every member of the pack has a place in the pack structure, just as the organisms of the Anthrozoa Cnidaria colony does, and each individual member has a right to at least that place in the government structure, however primitive the structure might be.

The entire concept of "government" is at its core nothing more or less than the adjudication and assignment of rights, the allowing and disallowing of exercises of personal freedoms by members of the group in the interests of other members of the group or of the entire collective. Even ants have government, and ant government has a rigid hierarchal structure, with some ants being tasked with feeding the queen, which grants them the right not to be a warrior defending the hive, and some ants being tasked with being a warrior, which denies them the right to feed the queen.

It is the ability of the individual organism to exercise freedom in pursuit of self-interest, combined with the inevitable conflict that occurs where more than one organism is present in an environment, that leads to both government and the acknowledgment (not the granting) of "rights," or the authority to defend against intrusions on the freedoms of action of the individual.
True, but as I said, rights can be a function of nature as well, although the animals that acknowledge such systems are not capable of intellectualising them.
Rights are an intellectual concept, if you can't intellectualise them or others for you don't have any rights
Wrong. Rights exist as an observed function of the systems of organization of living organisms and how they govern their behavior.
Sure it does. The most fundamental and essential right of any living organism is the right to continued life. All living organisms will defend this liberty in one way or another, and since they claim that continued life and defend it, it's their right to do so.
Lower organisms don't even realise they are alive,
a plant may react automatically to a change in environment but its obviously not something they are conscious of.
Doesn't matter. They still exercise liberty to seek out and obtain the exclusive use of those resources necessary to continued life, and they defend those liberties against intrusions by other organisms in the interests of continued individual survival, right down to the membrane around a bacteria that protects it against being eaten for food by another bacteria. These functions are seen in ALL living organisms, without exception. A bacteria may not be capable of rationalizing rights flowing from such functions, but we are capable of observing the functioning of nature and examining them philosophically and intellectually as a part of the examination of how rights come to exist and how they are acknowledged and respected in various social structures.

Evoluntary even for higher animals their impulses to stay alive is actually secondary to their impulse to reproduce.


So? What does the priority placed upon a particular behavior by the species have to do with whether or not is is a liberty interest the individual organism protects?
I was in the nightclub district of my local city and I certainly had the desire to reproduce with a lot of women in skimpy clothes who walked past (in fact probably most of them) that doesnt give me the right to rape them through it might well be pretty natural to do so.
Actually, you have the freedom to rape them, meaning that you have the desire to exercise that liberty in your self-interest and you have the present ability to cause the action to occur, but your right to do so is constrained by the equal or superior liberty interests of the other individual in not allowing you to do so. This is precisely the conflict in rights, or the conflict in freedom of actions that I am referring to. By yourself, alone in the world, you have the right to ejaculate your sperm whenever and wherever you like. But as soon as a woman comes on the scene, her liberty interest in not having you ejaculate inside her vagina comes into competition with your liberty interest in doing so. In nature, the "government" of the jungle (nature) adjudicates those competing rights and you, who has the physical ability to overcome resistance by the female, have a right to inseminate her at will, merely because you can physically do so.

More sophisticated government structures, like that of the wolf pack, adjudicate your liberty interest as the omega wolf against the liberty interest of the Alpha female and Alpha male, and the "law of the pack" constrains your right to mate. The same thing occurs at higher levels of governmental sophistication in humans, but the root factors are exactly the same.
I just don't see how creatures want to live means creatures have the right to do so, thats not even circular logic thats just a statement out of the ether
They have the right because they claim it, not because you, or someone else grants it. Their right to live exists as a natural function of their existence, and their right to continued life depends on their ability to defend it against those who would interfere with that right. There is no philosphical strength to the assertion that a living organism does not have a right to life, or to defend that life, or to seek out and obtain the exclusive use of resources to ensure continued life unless someone else grants them that right. The right is inherent and part of the organisms existence, and while it can be infringed, regulated or even taken away by superior force, the right does not come into being merely because it's "granted" to them by some other organism.

Again, a "right" is nothing more or less than a freedom of physical (or intellectual) action of an individual organism that can be defended against intrusion or interference with by another organism. One does not, for example, have a "right" to be free of the effects of gravity, whether because one jumps from a cliff or because a rock falls from a cliff and hits you. Rights do not accrue to inanimate objects because they are not living creatures and cannot lay claim to the moral authority to preserve, protect and defend their own individual continued existence. Therefore, "nature" itself cannot have rights, insofar as "the environment" or inanimate objects. But living creatures certainly can and do have rights, but only those rights that such creatures can defend against intrusion or interference, or those rights which other organisms recognize and acknowledge as valid and worth of respect. One may have a right not to be eaten by a lion, but unless one has the power to prevent such an eventuality, one's right may be vitiated by a more powerful creature exercising its superior right to have dinner.
nor can we say with any accuracy that wolves do not engage in abstract thought, being ourselves unable to get inside their heads.
We can run experiments to see if they can plan for the future, see if they have a concept of self, ie recognise themselves in a mirror. Its not easy but nor is it impossible. Dogs/wolves are probably on the very borderline of some sort of concept of self while it becomes far clearer in higher apes etc
Planning for the future is not a criteria that applies to this argument. But I note that wolves plan for the future quite clearly, as seen in their pack hunting tactics.

There is no death penalty for not paying taxes in the 1st world (there is in China) but of course is you intefere violently with public officials you can end up dead but thats not for the tax evasion thats for violence. If someone stops you for speeding and you get out of the car with a crowbar, a policeman can shoot you dead but thats not for the speeding is it
Nonetheless, the root justification for killing a tax scofflaw is that the tax is due and the government will ultimately do what it must, up to and including killing you, to collect it. Were this not the case, the IRS wouldn't have SWAT teams or guns. They would simply back off at any sign of violent resistance and say, "Well, since you are prepared to violently object to paying your taxes, it would be immoral of us to use violence to collect them, so let's just forget that you owe those taxes."

That's not how it works, now is it?
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