Everything that is not a crime is a right. There is no middle ground on this issue, or on any issue, if examined closely enough. The middle is excluded...
We have a right to do anything that has not been shown to be wrong, a crime. We have a right to breathe the air, to sing, to play chess. If any of these things can be shown to be harmful then we no longer have that right. It has been shown that stealing is harmful to the efficient progress of a Society, so we do not have a right to steal and our punishment is often imprisonment.
If we are not sufficiently protected from a criminal after their punishment, if they continue to have criminal inclinations then we have a right to separate ourselves from the delinquent individual.
We do not have the right to do something that has been shown to be harmful, assuming infallibility in those who have made the decision. Ignorance of the Law is not relevant, it is only used to defend those who punish against charges of aggression. If we arrest someone and we can show that they have committed a crime then we have made a lawful arrest. It does not matter whether the criminal is knowledgeable of the law or not. The strictures of the law are used to constrain those who impose the law, those who have done the arresting and punishment. The law answers the question, is it right to retaliate? It tells us what is defensive and what is aggressive, it differentiates...
We have a right to act defensively, we have a right to lock people up if they have done a crime, otherwise how would behaviour change? What else would alter behaviour?
The definition of a right: A right is any action which is not, has not yet been shown to be, a crime. It is the antonym of a crime.
Monday, 15 March 2010
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