Since in some earlier posts I've talked about individual rights, let me specify what I believe the fundamental rights to be.
Obviously, presence in the Bill of Rights does NOT make something a fundamental right. The right to marriage, the right to bare arms, the right to raise one's children as one sees fit, etc., although they may or may not be rights, cannot be FUNDAMENTAL rights either, since they are dependant on other rights and circumstances.
(On a side note, "States' Rights" and any other sort of collective right, in my opinion, only exist as long they do not violate individual rights, as collectives are wont to do. This is why I believe one of the functions of federal government should be to make sure that state governments do not violate individual rights, and likewise state governments should make sure county governments and city governments respect individual rights, etc.)
So here's my attempt to define some fundamental rights:
1. The right to freely pursue truth and meaning--and to advocate one's vision of it--and to be given the greatest opportunity to do so. This right is absolute.
2. "The sole end for which mankind are warranted, individually or collectively, in interfering with the liberty of action of any of their number, is self-protection. That the only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others. His own good, either physical or moral, is not sufficient warrant. He cannot rightfully be compelled to do or forbear because it will be better for him to do so, because it will make him happier, because, in the opinion of others, to do so would be wise, or even right...The only part of the conduct of anyone, for which he is amenable to society, is that which concerns others. In the part which merely concerns himself, his independence is, of right, absolute. Over himself, over his own body and mind, the individual is sovereign. (John Stuart Mill)" Offense is not a valid form of harm. This right requires more than some qualification.
3. The right to be judged and treated based on individual merits and faults.
(The first two rights are really one right, individual sovereignty, but I divided it into two because while the right to freedom of thought is absolute, the right to freedom of action [without harm to others] becomes necessarily restricted.)
Notes:
The first right's meaning is obvious, although the "opportunity to do so..." part requires some explanation: a right to pursue truth and meaning is useless if one's access to ideas is restricted. Therefore, as part of a right to pursue truth and meaning, we also must include the right to access to ideas and a right to education, both of which are implied by the "opportunity to do so...".
(Getting into murkier territory, it is also my opinion that this right extends to children, since beliefs formed during childhood are very hard to shake off, which is a barrier to a pursuit of truth and meaning. But this also ends up requiring much qualification.)
Also, it should be noted that this right implies all of the rights enumerated in the First Amendment of the Constitution, as well as the right to the "Pursuit of Happiness" (if happiness is the individuals idea of meaning). The right to not be killed is also implied, since it's hard to pursue anything if you're dead ;-)
The second right will require a discussion of it's own.
If the third right seems a little confusing, just add "instead of being judged and treated based on race, gender, nationality, class, sexuality, etc."
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