Vociferous
Valued Senior Member
Cont....
Yes, all actions have potential consequences in a universe of cause and effect. Even without somebody else attendant to the action, your actions could still have bad consequences, like felling a tree on yourself.
Not sure why anyone else caring should matter for a right. Successful self-defense should matter to you, as it means your life continues.
And I'm equally puzzled as to why a right would entail proclaiming it. Either a natural or legal successful self-defense would result in the same outcome. You survived.
I guess in the legal sense, you maybe avoided dying twice. Once when attacked and again by avoiding the potential execution for murder. That could make the enforcement of rights, itself, a potential threat not found in nature. But I guess that's the trade-off for safety in numbers.
I would hope that most people have some sense of what is "acceptable behavior" without any external moral judgement at all. I would hope that you know that defending your own life is a moral good, just based on the objective fact that you survive. One's own survival would seem to be inherently good, and things that are inherently good should be trivially moral.
I would suggest that your understanding of the US Constitution may be somewhat lacking. That's okay. I'm not 100% on yours either.
So by American standards, your SOP is rather weak.
Not the "capacity" to take a certain kind of action, the necessity to take said action. You do not have the necessity to do just anything you can get away with.Please correct me if I'm wrong here. I'm trying to understand. You're saying the "right to self-defense" is a natural right because if somebody else tries to kill you then you can try your best to kill them instead (or in response).
[snipped for brevity]
Maybe you're saying that the legal right to self defence follows in some way from the supposed natural right to self defence. But I'm not sure that's true. The "natural right to self defence" appears to mean little else than "sometimes people are able to defend themselves against attacks", which is just a statement about facts in the world. But the legal right to self defence is a moral judgment about what "acceptable behaviour" includes. I don't see any way to get from your "objective" facts-in-the-world to the moral "subjective" judgment about what kinds of behaviour ought to be protected.
I hope you can explain.
Yes, all actions have potential consequences in a universe of cause and effect. Even without somebody else attendant to the action, your actions could still have bad consequences, like felling a tree on yourself.
Not sure why anyone else caring should matter for a right. Successful self-defense should matter to you, as it means your life continues.
And I'm equally puzzled as to why a right would entail proclaiming it. Either a natural or legal successful self-defense would result in the same outcome. You survived.
I guess in the legal sense, you maybe avoided dying twice. Once when attacked and again by avoiding the potential execution for murder. That could make the enforcement of rights, itself, a potential threat not found in nature. But I guess that's the trade-off for safety in numbers.
I would hope that most people have some sense of what is "acceptable behavior" without any external moral judgement at all. I would hope that you know that defending your own life is a moral good, just based on the objective fact that you survive. One's own survival would seem to be inherently good, and things that are inherently good should be trivially moral.
Yes, in nature, the only consequence from infringing upon the individual's rights comes from the individual himself. And yes, granted rights cannot be legally exercised without the agreement of the grantor (like requiring a license to drink a car), except where the supposedly granted right happens to coincide with a natural right (in which case, the revocation of the natural right by the supposed grantor is, itself, a potential violation of said natural right... like if some king claimed to grant your right to life and revoking it could means it is deemed forfeit). So yeah, that's a fair definition. Natural rights are inherent because the individual is capable of exercising such necessary actions on his own, whether successful or not. But even in granted rights, success is not necessarily guaranteed. Absolutes rarely obtain. Granted rights, like protected natural rights, just tend to have more authority behind their enforcement.From your description, it seems to me that the only guaranteed protector of natural rights is the individual claiming those rights. Whereas granted or provided rights are not necessarily guaranteed, even by the individual claiming them. Is that correct? Would this be a valid way to distinguish natural rights from all other rights - the ability of the individual to enact the right on his own?
Boy, that's one hell of a crappy model. None of the primary defining features are similar.I haven't made any garbage claims about that. In fact, I haven't discussed with you how or whether the Australian constitution protects rights. I've made a correct statement that the Australian Constitution was modelled on the US Constitution. If you prefer, you can substitute the words "strongly influenced by" for the words "modelled on" if the latter form offends you for some reason.
Really? You can't recognize garbage without being angry? Whew! What a life you must lead.Habit or not, I'm accurate, as evidenced by your angry reference to "garbage claims" etc. That is hardly emotionally neutral language. Maybe you don't even realise you're doing it.
Really? When the legislature can abolish judiciary courts, to get rid of tenured judges, and the PM is a member of the legislature?Not a bill of rights. We can put a big tick next to check and balances and co-equal branches of government, though.So the Australian Constitution now has a bill of rights and checks and balances between co-equal branches of government?
We could have a separate discussion about how rights are recognised and implemented in the laws of Australia if you're interested in learning more.
I would suggest that your understanding of the US Constitution may be somewhat lacking. That's okay. I'm not 100% on yours either.
The separation of powers (SOP) theory from Locke and Blackstone is used for the SOP theory in Australia. In practice, the English rather than the American system of government and SOP is the model used for the Australian Commonwealth Government and SOP....The concept of the SOP in Australia is articulated by the High Court and is derived from the Blackstonian SOP theory rather than the Federalist SOP theory.
http://www.cpahq.org/cpahq/cpadocs/The Separation of Powers in Australia Issues for the States.pdf
There are many who believe that the US system has too many checks and balances between the different branches of Government, rending them almost ungovernable. But we must remember, many Constitutions around the world, including the US Constitution, were written after years of conflict, when trust in people with power and institutions was low. They built their system with so many checks and balances for that reason. In Australia, we wrote our Constitution so that the six British colonies could join together to create a country. We weren’t fearful of Government institutions. So while we also have a strong separation of powers, our system was designed not to be held up too much by disagreements between the three arms of Government.
http://www.cefa.org.au/ccf/separation-powers-display-america
http://www.cpahq.org/cpahq/cpadocs/The Separation of Powers in Australia Issues for the States.pdf
There are many who believe that the US system has too many checks and balances between the different branches of Government, rending them almost ungovernable. But we must remember, many Constitutions around the world, including the US Constitution, were written after years of conflict, when trust in people with power and institutions was low. They built their system with so many checks and balances for that reason. In Australia, we wrote our Constitution so that the six British colonies could join together to create a country. We weren’t fearful of Government institutions. So while we also have a strong separation of powers, our system was designed not to be held up too much by disagreements between the three arms of Government.
http://www.cefa.org.au/ccf/separation-powers-display-america
So by American standards, your SOP is rather weak.
Okay, co-equally incestuous branches of government.You're mistaken.