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Modern rights have remained a central, often problematic aspect of political dialogue since their inception. As such, It can be said that the conflict surrounding rights largely predates the American political system; that is not to say this disagreement is irrelevant in our debates of certain rights in American politics — in fact, it is imperative to our understanding of rights themselves and these debates concerning them. The origins and foundations of rights determine their very nature, how they are argued for or against, as well as how and to what extent they are implemented. Hence, the philosophical question about their origins is entirely relevant and to an extent imperative to our debates of rights in American politics.
In the American
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Contributing to this debate is the question of whether rights in general -- and women’s rights, abortion, and LGBT rights specifically -- come from an external standard or are simply a product of law. This very question largely determines the result of the debate: if rights are considered to come from an external standard, say religion, they are largely incontestable, if they are considered a product of law they are therefore more susceptible to debate and contest. A specific case can be drawn with respect to women’s rights. In initial arguments, those outlined in the Declaration of Sentiments and Resolutions in 1848, women’s rights were advocated for on the basis of their natural foundation. The document itself cites the oppression of women as “contrary to the precepts of nature” and argues that woman was intended to be man’s equal and “ was intended to be so by the Creator.” This consideration of certain rights being based on an external standard allows women’s rights to be remarkably undeniable. This specific case, given that women’s suffrage has since been guaranteed by the constitution, also addresses the importance of the question with respect to judging constitutional rights. In more modern times, abortion and LGBT rights come into play; these rights
In Eric Foner’s book, The Story of American Freedom, he writes a historical monograph about how liberty came to be. In the book, his argument does not focus on one fixed definition of freedom like others are tempted to do. Unlike others, Foner describes liberty as an ever changing entity; its definition is fluid and does not change in a linear progress. While others portray liberty as a pre-determined concept and gradually getting better, Foner argues the very history of liberty is constantly reshaping the definition of liberty, itself. Essentially, the multiple and conflicting views on liberty has always been a “terrain of conflict” and has changed in time (Foner xv).
Through the 20th century, the communist movement advocated greatly for women's’ rights. Despite this, women still struggled for equality.
In her essay “A Feminist Defense of Abortion” Sally Markowitz addresses the Autonomy defense as not being feminist in nature. She comes to this conclusion by recognizing that the right to bodily autonomy is not just a female right but a right that is innate for every person, male or female. Markowitz then asserts that the human right to bodily autonomy in regard to abortion should not be a gender neutral defense. Many feminists have come to the conclusion that the Autonomy Defense works against women in the courts as it shifts the focus away from gender inequality. Feminists have adopted the belief that sometimes gender should be relevant in claiming rights. To fail to claim a right on the basis of gender in the situation of abortion would obscure the relationship between reproductive practices and their oppression.
Feinberg, J. “ The Nature and Value of Rights.” Journal of Value Inquiry 4(1970): 243
Schultz, David, and John R. Vile. The Encyclopedia of Civil Liberties in America. 710-712. Gale Virtual Reference Library. Gale Virtual Reference Library, n.d. Web. 18 Mar. 2010. .
According to the Tenth Amendment in the Bill of Rights: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” Though last in the Bill of Rights, it is one of the most powerful and ever changing in interpretation over the course of America’s history. Some historical events that altered its meaning include the Civil War, The Civil Right’s Movement, and even modern event’s like the Supreme Court ruling on gay marriage. In this paper I will discuss how the Tenth amendment has a large effect in both America’s history, but also how it is now portrayed America’s present.
The thought of women having equal rights has caused major controversy throughout American History. Women have fought for their rights for many years, wanting to be more than a wife or a maid. Women’s Rights Movement was an effort by many women around the U.S standing up for themselves. Feminists like Charlotte Perkins Gilman had a big impact on the movement by writing stories and articles, she spread awareness by writing these. Throughout this Movement women got the right to vote, and many more opportunities they were not offered before.
Do the First and Fourth Amendments Protect?" Current Issues & Enduring Questions: A Guide to Critical Thinking and Argument with Readings. Ed. Sylvan Barnet and Hugo Bedau. 5th ed. Boston: Bedford/St Martin's, 1999. 316-324.
According to Hannah Arendt, “The Declaration of the Rights of Man at the end of the eighteenth century was a turning point in history”. (Arendt, 290). She begins her thesis by making this affirmation. However, throughout her essay, she further develops the idea that this “Declaration of the Rights of Man” has been questioned ever since then, because of the fact that these human rights don’t really appear to be implemented over a numerous amount of human beings. This “turning point” which Arendt refers to, indicates that when human rights were first conceived, they stated that only the nation worked as the law, and neither the divine law nor anything else had power over them. This was the moment when control over these rights was lost, since there is a deficiency in the precision of who really has the rule of law over them, if not even the human authorities have been able to manage the “universality” they are supposed to express. Hannah Arendt’s explanation on the human rights article called “The
The Declaration of Independence, since July 4th, 1776, has continued to always become a guideline to protect those who are oppressed. “We hold these Truths to be self-evident, “that all Men are created equal,” that they are endowed by their Creator with certain unalienable Rights,”” (Doc. A) sets the standards on what the United States of America is all about; equality. From the Report of American Horse by D.F. Royer on November 27, 1890 to the “Reminder Day” for Homosexual Rights on July 4, 1968, the Declaration of Independence continues to be the anchor document for many other documents to support those who are tyrannized from their rights.
"Declaration of the Rights of Man - 1789." The Avalon Project. Yale Law School, n.d. Web. 11 Nov. 2014.
The primary purpose of this essay is stated in the title. It is to consider whether certain principles presented in the second paragraph of the Declaration of Independence and commonly referred to as human rights are supported by the authority of God 's word. A secondary goal is to consider how society might be influenced to establish and maintain laws which agree with God 's moral authority. Yet a third goal is to consider how free exercise of human rights might be impacted by obedience and disobedience to God 's moral authority.
[4] Hickok, Eugene Jr., ed. The Bill of Rights: Original Meaning and Current Understanding. Virginia: University Press of Virginia, 1991
No other element of the Women’s Rights Movement has generated as much controversy as the debate over reproductive rights. As the movement gained momentum so did the demand for birth control, sex education, family planning and the repeal of all abortion laws. On January 22, 1973 the Supreme Court handed down the Roe v. Wade decision which declared abortion "fundamental right.” The ruling recognized the right of the individual “to be free from unwanted governmental intrusion into matters so fundamentally affecting a person as the right of a woman to decide whether or not to terminate her pregnancy.” (US Supreme Court, 1973) This federal-level ruling took effect, legalizing abortion for all women nationwide.
Simmons, A. John (1992). The Lockean Theory of Rights. Princeton, New Jersey: Princeton University Press. 127.