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Right to individual autonomy
The concept of individual rights
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Public order denotes keeping the public safe and keeping things orderly. Public order laws are laws that are created to stop riots, violent behavior and other activities or behaviors that can lead to serious public harm. Individual rights involve protecting an individual's right to do something regardless of its potential impact on public harm. An example of an individual rights law would be the law of free speech. In the United States, citizens are allowed to speak freely because of the first amendment and it does not matter whether or not this free speech adversely affects the government or the people.
An example of a public order law might be a law that restricts gun use in a particular area. The law might prohibit guns from entering based on the safety of the public, however, denying people the right to a weapon is an assault on the people's individual rights. Throughout the years, gun laws have been debated on the basis of public order law and the individual rights perspective.
Community rights are considered as an individual’s rights to the community. These rights include but not limited to; respect, corporation and participation. A basic example of community responsibility is an individual right to vote in elections. If I based my topic on the community in general, I would start with the fact that each individual is a
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part of a larger community. Family, neighbors, tribe, village, city, county, state, region, country and the world form a larger community in the life of every human being. At the same time, full human potential cannot be reached if individuality is suppressed by society (2016 June 4, Nanzer, P. Individual Rights and Community Responsibilities). In all free societies there is a constant and unavoidable tension between rights and responsibilities. Every right has a corresponding duty (U.S. Department of State). It is the responsibility of the individual to watch over a community to make sure that standards are objective and beneficial to human life (Machan 2001). Besides the rights of the community based upon the characters of their individual members, other community rights cater toward organizational persons. These include trade unions, chamber of commerce, corporations, trade associations and political parties to name a few. For this reason they created the Bill of Rights. All because the individual rights of the citizens must always come first. Seeking the betterment of society is certainly a noble goal. However this means deciding who in that society is going to benefit from this betterment, and who is just going to have to suck it up and deal with getting the short end of the stick. Thus what often happens in a community oriented government is that a political party or cabal of powerful people will decide who is a part of their "society" and thus worthy of reaping the benefits of society, while everyone else is simply expendable in the name of the betterment of the "majority". Simple examples are Nazi Germany feelings for the Jews, Roman Empires feelings towards their conquered territories, and 18th century Americans towards black people.
In each case the ruling majority deemed a group as a group that needed to be exploited for the betterment of society. I however refuse to believe that the betterment of society can ever be a justification for Tyranny. The rights of the individual always comes first and when all people have are treated with the same respect and offered the same rights as everyone else (regardless of if or how they choose to take advantage of what they are offered); that in of itself benefits
society. To conclude, I think that although all rights are important, the rights of the community and the public are made up of the individual rights making individual rights the most important of the three. Some might say differently but the Bill of Rights was formed with the individual in mind.
Community is defined as a group a people living in an area under the same conditions. Realistically, a community is so much more than this definition. It is people and their different beliefs that form a community. In the town of Milagro, Amarante Cordova, Ruby Archuleta, and a town coming together to rescue a fellow community member from jail exemplify the true spirit of what community is.
"Oppression can only survive through silence" said Carmen de Monteflores and history proved this concept most thoroughly. However, the oppressed groups are generally not silent at all. They revolt, get violent, and are repressed again. This is not a rule, just a simple generalization and, of course, there are numerous exceptions. There is always a possibility that these downtrodden factions will get together to form a strong opposing force that will be an equal or almost equal rival to those that oppress. The coercion of the working class continued throughout the eighteenth century. Horrible working conditions, poverty, and hunger were blooming in the world of the industrial proletariat. The fruitless revolts did not change the situation and just when it seemed like the treatment of the waged people could not get any worse, the resolution appeared in all its glory. This historical period (1860-1914) could be best described using the Hegelian philosophy. The constant oppression of the working class will serve as thesis. The antithesis would come with the unification of the proletariats, forming the trading unions. The role of synthesis is given to the emergence of political democracy and mass political parties.
In the twenty century, the U.S society was in the period of tending to be a human base society. The laws in America were introduced to create a fair and regulated society for its citizens. The First and Fourteenth Amendment of Constitution granted that the U.S citizens have the freedom of speech. And the New York State had its law of Criminal Anarchy Act since 1902 for “organized government should be overthrown by force or violence, or by assassination of the executive head or of any of the executive officials of government, or by any unlawful means (n.p).” The citizen in the any state of the U.S should always both obey the state law and follow the national constitution. Otherwise, the citizen would get corresponding punishment for jail, community service or even death for most states. However, the case of Gitlow vs New York happened in 1925 that majorly argued about the U.S citizens’ guaranteed freedom of speech in the First Amendment of Constitution and the New York State’s Criminal Anarchy Act.
Constitutional Law was created as the chosen way to preserve the United States of America Constitution, ratified by Congress in 1783, in respect to its meanings, use, and enforcement, for free government, and equal justice under the law for all Americans. However, as times and generations have passed, the U.S. Constitution remains the supreme law of the land. Among the most contemporary and controversial elements are the challenges of evolving interpretations of the freedom of speech, and search warrants, which have both had a major impact on society. In particular, we explore speech not protected by the First Amendment of the Constitution, as well as some circumstances when a search warrant is not required for a valid search. A conclusion is drawn and outlined based on research conducted to offer a concise in-depth observation of the above topics.
“I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it.” Thomas Jefferson pg 9 cjt To convict an individual because proper consideration was not taken will stir up social unrest rather than it’s initial intent, when he or she who has committed the crime is not punished for their doings can cause for a repetition and even collaboration with other’s for a similar or greater crime. Is public order important? Public order is not only important but is an absolute necessity for the Individuals within the society to know that all efforts are being made to ensure the safety of our citizens in order for the very structure of our nation to stand erect. Without order, we are prone to experience oppression by our neighboring nations and leaving our state of independence to depend upon the governance of another, broadcasting this nation as not only unqualified but also unable to even protect ourselves from foreign threats....
This section is about the basic unalienable rights that every human should have life, liberty, and the pursuit of happiness are some of the rights that are talked about in this section. It also talks about how some people have the right to overthrow an unjust government. It states that government should not be changed for light or unimportant reasons. An
- These rights are natural rights, petitions, bills of rights, declarations of the rights of man etc.
The basic right of giving freedom to assembly is to be able to hold public meetings, and form associations without the interference of the government. Many people take advantage of that basic right that is given to them from the United States Constitution. When people or a person wants other people to agree with him/her they would have an assembly (meeting) in the most busy or crowded area in town. One example is Martin Luther King Jr., when he held an assembly about racism and equal rights and diversity between black and whites.
Laws. I believe that these laws were unfair, and were no way to treat human beings. These laws
The exploitation theory involves one group of people, usually the majority, using another group of people for their own economic gain. “Racial prejudice is often used to justify keeping a group in a subordinate economic position’ (Schaefer 39). Exploitation is seen when a minority group competes with the majority group. “Karl Marx emphasized exploitation of the lower class as an integral part of capitalism” (Schaefer 39).
government control or censorship. A way to preserve individual rights is for government agencies to have little or no interaction with individual persons. For example, by police examining personal information. One act which violates individual rights is the Police and Criminal Evidence Act. The act makes it legal for police to legally read e-mail and access personal information held by Internet Service Providers. The act was created before the Internet was ever put to use on a wide scale. The act violates individual rights because it allows authorities access to censor material from the recipients of the e-mail.
How would someone define the word community? A community could be anything. If one were to listen to an everyday conservation, the word community, would probably be used very little. The word community has multiple meanings, ranging from communist or socialistic society (Emerson) to the quality of appertaining to or being held by all in common (Oxford).
Rights are generally considered to be a given, particularly those of the legal/ moral variety. These legal rights refer to the rights “ which are necessarily enforceable because they exist in law” (Vincent, 2012: 136), these laws that govern us are also referred to as ‘positive’ rights. Moral rights are the things we believe we have justifiable claim to but may/may not be upheld by the law, as not all are “codified in law”(Vincent, 2012: 136). Rights are further considered as “entitlements that belong to all human beings simply because they are human” (Nussbaum, 1997: 273), this ties in with natural rights as unlike those of the utilitarian variety, the group does not thrive at the cost of the individual, simply because they have more followers.
Public and Private Law – Public law is the framework of guidelines defining the relationship between the government and individuals, and private law is the guidelines through which individuals or groups interact with one another. E.g. public law has subdivisions that include constitutional, administrative, and criminal law, whereas private law would cover such areas as contracts and properties.
Not only do you have the right to do what you want but you also have the right for others to invoke protection for those actions and to receive aid from others. You have the moral right to do something then I have the moral right for doing it. If one has the moral right to do something then they also have the right to not have interference from anyone. Another aspect of this moral right is the aid of others. Aiding and assisting an individual with ensuring their liberty. One is justified in restraining anyone who tries to prevent them from exercising their rights. We have moral rights and the right to protect others and ourselves from those who oppose our rights.