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  3. Biden to nominate Judge Ketanji Brown Jackson to Supreme Court

Biden to nominate Judge Ketanji Brown Jackson to Supreme Court

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  • jon-nycJ Online
    jon-nycJ Online
    jon-nyc
    wrote on last edited by jon-nyc
    #106

    Again that seems obviously false.

    I mean, how much sense does it make to go to the landfill near an abortion clinic in California and dig up a fetus and tell him he has and had the right to life, it just wasn’t enforced. But - and this is important, Mr Fetus - do rest assured that the right was inalienable.

    “Inalienable rights are alienable rights” is nonsense. This topic is purely normative.

    Only non-witches get due process.

    • Cotton Mather, Salem Massachusetts, 1692
    IvorythumperI 1 Reply Last reply
    • HoraceH Offline
      HoraceH Offline
      Horace
      wrote on last edited by
      #107

      "Rights are necessarily enforceable, or they aren't rights" seems like a strange hill to die on. Is there a number of murders per capita allowed before we concede that people don't have a right not to be murdered, after all?

      Education is extremely important.

      1 Reply Last reply
      • jon-nycJ Online
        jon-nycJ Online
        jon-nyc
        wrote on last edited by
        #108

        It’s that we recognize that it’s normative. But even in your example it is societally contingent.

        Again, imagine 30kya Horace with 4 male relatives waiting patiently for a lion to tire of his kill, so you and your friends could get the scraps. You enjoy it for 30m only to be chased off by hyenas.

        What does it really mean to say you had “inalienable rights” granted by your creator?

        Only non-witches get due process.

        • Cotton Mather, Salem Massachusetts, 1692
        HoraceH IvorythumperI 2 Replies Last reply
        • jon-nycJ jon-nyc

          It’s that we recognize that it’s normative. But even in your example it is societally contingent.

          Again, imagine 30kya Horace with 4 male relatives waiting patiently for a lion to tire of his kill, so you and your friends could get the scraps. You enjoy it for 30m only to be chased off by hyenas.

          What does it really mean to say you had “inalienable rights” granted by your creator?

          HoraceH Offline
          HoraceH Offline
          Horace
          wrote on last edited by
          #109

          @jon-nyc said in Biden to nominate Judge Ketanji Brown Jackson to Supreme Court:

          It’s that we recognize that it’s normative. But even in your example it is societally contingent.

          Again, imagine 30kya Horace with 4 male relatives waiting patiently for a lion to tire of his kill, so you and your friends could get the scraps. You enjoy it for 30m only to be chased off by hyenas.

          What does it really mean to say you had “inalienable rights” granted by your creator?

          It means God will not judge you for your failure to not get eaten, and it means that in time, you would contribute your ideas and energies to creating a social framework in which the lion would be prevented from eating you.

          Education is extremely important.

          1 Reply Last reply
          • jon-nycJ jon-nyc

            It’s that we recognize that it’s normative. But even in your example it is societally contingent.

            Again, imagine 30kya Horace with 4 male relatives waiting patiently for a lion to tire of his kill, so you and your friends could get the scraps. You enjoy it for 30m only to be chased off by hyenas.

            What does it really mean to say you had “inalienable rights” granted by your creator?

            IvorythumperI Offline
            IvorythumperI Offline
            Ivorythumper
            wrote on last edited by
            #110

            @jon-nyc said in Biden to nominate Judge Ketanji Brown Jackson to Supreme Court:

            It’s that we recognize that it’s normative. But even in your example it is societally contingent.

            Again, imagine 30kya Horace with 4 male relatives waiting patiently for a lion to tire of his kill, so you and your friends could get the scraps. You enjoy it for 30m only to be chased off by hyenas.

            What does it really mean to say you had “inalienable rights” granted by your creator?

            I don't think that is an argument against inalienable natural rights. A hyena will do what a hyena will do by instinct. There is no moral act on the part of the hyena. There is no inalienable right to not be eaten by a hyena. There is a natural right to defend yourself from being eaten by a hyena. No one can morally prohibit you from defending yourself against being eaten by a hyena.

            Furthermore inalienable rights are not granted by the creator in any positive sense. Rights are said to inhere in moral agents in respect of their moral obligations. As we have both personal and corporate/ social/ civic responsibilities so we have both personal rights and civil rights.

            Civil rights might be socially contingent, and obviously admit of a lot of variation in various ages and cultures. Civil rights are generally considered as positive law, though grounded in the natural right the members of the society have toward participation in the good of the society.

            1 Reply Last reply
            • jon-nycJ jon-nyc

              @Larry said in Biden to nominate Judge Ketanji Brown Jackson to Supreme Court:

              @jon-nyc said in Biden to nominate Judge Ketanji Brown Jackson to Supreme Court:

              I was speaking Greek to you apparently. You misunderstood every single sentence.

              Maybe we arent using the same definition of "natural rights".

              Then reread my original post maybe you’ll agree with it. It seems objectively true.

              LarryL Offline
              LarryL Offline
              Larry
              wrote on last edited by
              #111

              @jon-nyc said in Biden to nominate Judge Ketanji Brown Jackson to Supreme Court:

              @Larry said in Biden to nominate Judge Ketanji Brown Jackson to Supreme Court:

              @jon-nyc said in Biden to nominate Judge Ketanji Brown Jackson to Supreme Court:

              I was speaking Greek to you apparently. You misunderstood every single sentence.

              Maybe we arent using the same definition of "natural rights".

              Then reread my original post maybe you’ll agree with it. It seems objectively true.

              No, the more you say the clearer the problem in your logic becomes to me, and the more i disagree with your entire premise. Youre not speaking Greek to me at all. In fact, it is you that lacks understanding. Im just not sure if i want to invest the time and effort into it.

              1 Reply Last reply
              • jon-nycJ jon-nyc

                Again that seems obviously false.

                I mean, how much sense does it make to go to the landfill near an abortion clinic in California and dig up a fetus and tell him he has and had the right to life, it just wasn’t enforced. But - and this is important, Mr Fetus - do rest assured that the right was inalienable.

                “Inalienable rights are alienable rights” is nonsense. This topic is purely normative.

                IvorythumperI Offline
                IvorythumperI Offline
                Ivorythumper
                wrote on last edited by
                #112

                @jon-nyc >I mean, how much sense does it make to go to the landfill near an abortion clinic in California and dig up a fetus and tell him he has and had the right to life, it just wasn’t enforced. But - and this is important, Mr Fetus - do rest assured that the right was inalienable.

                Well, apart from the nonsense about talking to a corpse, it seems the same as rescuing a kidnap victim who was sold into slavery and telling them that the kidnappers violated their inalienable to not be enslaved.

                Do you really think that people don't have actual rights to not be kidnapped and sold into slavery, but that this is just some sort of normative social accommodation?

                1 Reply Last reply
                • jon-nycJ Online
                  jon-nycJ Online
                  jon-nyc
                  wrote on last edited by
                  #113

                  It seems to be an obvious empirical truth that rights are societally contingent.

                  'Natural rights' makes sense only as a normative concept.

                  Only non-witches get due process.

                  • Cotton Mather, Salem Massachusetts, 1692
                  IvorythumperI 1 Reply Last reply
                  • jon-nycJ Online
                    jon-nycJ Online
                    jon-nyc
                    wrote on last edited by jon-nyc
                    #114

                    Surely we all recognize that in casual speech. Everybody here would generally say 'people don't have the right to free speech in China', rather than 'of course people in china have the right to free speech, but it isn't recognized by their government' or whatever.

                    Only non-witches get due process.

                    • Cotton Mather, Salem Massachusetts, 1692
                    HoraceH IvorythumperI 2 Replies Last reply
                    • jon-nycJ jon-nyc

                      Surely we all recognize that in casual speech. Everybody here would generally say 'people don't have the right to free speech in China', rather than 'of course people in china have the right to free speech, but it isn't recognized by their government' or whatever.

                      HoraceH Offline
                      HoraceH Offline
                      Horace
                      wrote on last edited by
                      #115

                      @jon-nyc said in Biden to nominate Judge Ketanji Brown Jackson to Supreme Court:

                      Surely we all recognize that in casual speech. We would generally say 'people don't have the right to free speech in China', rather than 'of course people in china have the right to free speech, but it isn't recognized by their government' or whatever.

                      Did native americans have a right to live, even if they were slaughtered by colonists? Of course in casual speech you can find support or contradiction for anything you please, but a claim that rights are necessarily enforceable is absurd on its face. Murdered people had a right not to be murdered, QED.

                      Education is extremely important.

                      jon-nycJ CopperC 2 Replies Last reply
                      • LarryL Larry

                        @jon-nyc said in Biden to nominate Judge Ketanji Brown Jackson to Supreme Court:

                        I was speaking Greek to you apparently. You misunderstood every single sentence.

                        Maybe we arent using the same definition of "natural rights".

                        JollyJ Offline
                        JollyJ Offline
                        Jolly
                        wrote on last edited by
                        #116

                        @Larry said in Biden to nominate Judge Ketanji Brown Jackson to Supreme Court:

                        @jon-nyc said in Biden to nominate Judge Ketanji Brown Jackson to Supreme Court:

                        I was speaking Greek to you apparently. You misunderstood every single sentence.

                        Maybe we arent using the same definition of "natural rights".

                        Endowed by their Creator...

                        Jon doesn't believe in that. Biologically speaking, people have no more worth than a pig, an elephant or a hummingbird. Man is not made in a Divine image, for nothing is Divine. Man is just a mass of cells, making up tissues, organs, systems and melding into a single human. Life is ephemeral and in a historical sense, cheap.

                        “Cry havoc and let slip the DOGE of war!”

                        Those who cheered as J-6 American prisoners were locked in solitary for 18 months without trial, now suddenly fight tooth and nail for foreign terrorists’ "due process". — Buck Sexton

                        1 Reply Last reply
                        • HoraceH Horace

                          @jon-nyc said in Biden to nominate Judge Ketanji Brown Jackson to Supreme Court:

                          Surely we all recognize that in casual speech. We would generally say 'people don't have the right to free speech in China', rather than 'of course people in china have the right to free speech, but it isn't recognized by their government' or whatever.

                          Did native americans have a right to live, even if they were slaughtered by colonists? Of course in casual speech you can find support or contradiction for anything you please, but a claim that rights are necessarily enforceable is absurd on its face. Murdered people had a right not to be murdered, QED.

                          jon-nycJ Online
                          jon-nycJ Online
                          jon-nyc
                          wrote on last edited by
                          #117

                          @Horace

                          Aren’t you being a little tribal here?

                          Or does Horace 2.0 actually believe in a creator god that granted us “inalienable” rights which for some reason have been alienated from us for almost the entirety of our existence as a species?

                          Only non-witches get due process.

                          • Cotton Mather, Salem Massachusetts, 1692
                          HoraceH 1 Reply Last reply
                          • jon-nycJ jon-nyc

                            It seems to be an obvious empirical truth that rights are societally contingent.

                            'Natural rights' makes sense only as a normative concept.

                            IvorythumperI Offline
                            IvorythumperI Offline
                            Ivorythumper
                            wrote on last edited by
                            #118

                            @jon-nyc said in Biden to nominate Judge Ketanji Brown Jackson to Supreme Court:

                            It seems to be an obvious empirical truth that rights are societally contingent.

                            'Natural rights' makes sense only as a normative concept.

                            Natural rights as a normative concept are neither natural nor rights. You're gutting the words of all meaning, and we have perfectly good language for what you are talking about without confusing it with the language and intellectual structure of "natural rights".

                            They are more like designated privileges -- as if you are granted the privilege to not be enslaved or killed with impunity, or to have access to the system of impartial justice, or the right to found a family, or the right to participate in the political life of your community, etc. either personally or as a class member or society member.

                            If you really think that its only a normative (rules of acceptable behavior) concept, then why complain of Hitler's treatment of the Jews? Why complain of slavery? Wouldn't any dystopian society have the same claim to authenticity?

                            Catseye3C 1 Reply Last reply
                            • jon-nycJ jon-nyc

                              Surely we all recognize that in casual speech. Everybody here would generally say 'people don't have the right to free speech in China', rather than 'of course people in china have the right to free speech, but it isn't recognized by their government' or whatever.

                              IvorythumperI Offline
                              IvorythumperI Offline
                              Ivorythumper
                              wrote on last edited by
                              #119

                              @jon-nyc said in Biden to nominate Judge Ketanji Brown Jackson to Supreme Court:

                              Surely we all recognize that in casual speech. Everybody here would generally say 'people don't have the right to free speech in China', rather than 'of course people in china have the right to free speech, but it isn't recognized by their government' or whatever.

                              Upon reflection, people would perhaps actually say that people cannot exercise their right to free speech because the government is oppressive and brutal.

                              People in China also don't have the right to keep their kidneys and other transplantable organs. Are you going to allow for that use of "people don't have rights" without blinking an eye?

                              1 Reply Last reply
                              • jon-nycJ Online
                                jon-nycJ Online
                                jon-nyc
                                wrote on last edited by jon-nyc
                                #120

                                No, I’ll just put the word ‘should’ in front of ‘have rights’ to acknowledge the actual situation humans have always faced.

                                Only non-witches get due process.

                                • Cotton Mather, Salem Massachusetts, 1692
                                HoraceH 1 Reply Last reply
                                • jon-nycJ jon-nyc

                                  @Horace

                                  Aren’t you being a little tribal here?

                                  Or does Horace 2.0 actually believe in a creator god that granted us “inalienable” rights which for some reason have been alienated from us for almost the entirety of our existence as a species?

                                  HoraceH Offline
                                  HoraceH Offline
                                  Horace
                                  wrote on last edited by
                                  #121

                                  @jon-nyc said in Biden to nominate Judge Ketanji Brown Jackson to Supreme Court:

                                  @Horace

                                  Aren’t you being a little tribal here?

                                  Or does Horace 2.0 actually believe in a creator god that granted us “inalienable” rights which for some reason have been alienated from us for almost the entirety of our existence as a species?

                                  I've already admitted that the "rights" under discussion can be believed in or not believed in by any individual. Your attempt to dismantle the existence of such rights is incoherent, in that it relies on the claim that rights must always be enforceable. That is obviously not the sort of "right" Jefferson was referring to. In fact he was invoking these rights as the moral underpinning of the social structures which make it possible to enforce them.

                                  Education is extremely important.

                                  1 Reply Last reply
                                  • jon-nycJ jon-nyc

                                    No, I’ll just put the word ‘should’ in front of ‘have rights’ to acknowledge the actual situation humans have always faced.

                                    HoraceH Offline
                                    HoraceH Offline
                                    Horace
                                    wrote on last edited by
                                    #122

                                    @jon-nyc said in Biden to nominate Judge Ketanji Brown Jackson to Supreme Court:

                                    No, I’ll just put the word ‘should’ in front of ‘have rights’ to acknowledge the actual situation humans have always faced.

                                    By which you will always mean, "should have the ability to appeal to an authority to enforce those rights". Thus confusing the conversation, for those who might want to discuss the sorts of rights that can exist without an ability to enforce them.

                                    Education is extremely important.

                                    Catseye3C 1 Reply Last reply
                                    • HoraceH Horace

                                      @jon-nyc said in Biden to nominate Judge Ketanji Brown Jackson to Supreme Court:

                                      Surely we all recognize that in casual speech. We would generally say 'people don't have the right to free speech in China', rather than 'of course people in china have the right to free speech, but it isn't recognized by their government' or whatever.

                                      Did native americans have a right to live, even if they were slaughtered by colonists? Of course in casual speech you can find support or contradiction for anything you please, but a claim that rights are necessarily enforceable is absurd on its face. Murdered people had a right not to be murdered, QED.

                                      CopperC Offline
                                      CopperC Offline
                                      Copper
                                      wrote on last edited by Copper
                                      #123

                                      @Horace said in Biden to nominate Judge Ketanji Brown Jackson to Supreme Court:

                                      Did native americans have a right to live, even if they were slaughtered by colonists? .

                                      It varied

                                      http://www.virginiaplaces.org/boundaries/charters.html

                                      In 1705, Robert Beverley described the extent of Virginia with specific limits on north, east, and south, but with the western edge extending all the way to the Pacific Ocean:6

                                      Virginia's claim to land stretching all the way across the continent to "the Californian Sea" ended in 1763. At the end of the French and Indian War (known as the Seven Years War in Europe), negotiators in Paris determined a new boundary for the western edge of Virginia.

                                      So, for a while, just about any native American between the Atlantic and Pacific was trespassing. And as a trespasser I assume they had limited rights.

                                      1 Reply Last reply
                                      • George KG Offline
                                        George KG Offline
                                        George K
                                        wrote on last edited by
                                        #124

                                        Taking a stand.

                                        "Now look here, you Baltic gas passer... " - Mik, 6/14/08

                                        The saying, "Lite is just one damn thing after another," is a gross understatement. The damn things overlap.

                                        JollyJ 1 Reply Last reply
                                        • IvorythumperI Ivorythumper

                                          @jon-nyc said in Biden to nominate Judge Ketanji Brown Jackson to Supreme Court:

                                          It seems to be an obvious empirical truth that rights are societally contingent.

                                          'Natural rights' makes sense only as a normative concept.

                                          Natural rights as a normative concept are neither natural nor rights. You're gutting the words of all meaning, and we have perfectly good language for what you are talking about without confusing it with the language and intellectual structure of "natural rights".

                                          They are more like designated privileges -- as if you are granted the privilege to not be enslaved or killed with impunity, or to have access to the system of impartial justice, or the right to found a family, or the right to participate in the political life of your community, etc. either personally or as a class member or society member.

                                          If you really think that its only a normative (rules of acceptable behavior) concept, then why complain of Hitler's treatment of the Jews? Why complain of slavery? Wouldn't any dystopian society have the same claim to authenticity?

                                          Catseye3C Offline
                                          Catseye3C Offline
                                          Catseye3
                                          wrote on last edited by
                                          #125

                                          @Ivorythumper said in Biden to nominate Judge Ketanji Brown Jackson to Supreme Court:

                                          Natural rights as a normative concept are neither natural nor rights. You're gutting the words of all meaning, and we have perfectly good language for what you are talking about without confusing it with the language and intellectual structure of "natural rights".
                                          They are more like designated privileges -- as if you are granted the privilege to not be enslaved or killed with impunity, or to have access to the system of impartial justice, or the right to found a family, or the right to participate in the political life of your community, etc. either personally or as a class member or society member.

                                          Yep yep yep.

                                          I've always had a problem with the concepts of right and deserve. You have a right to X, you deserve Y. Yeah? Says who? They're like the wispiest of ephemera.

                                          I'm with you and also Jon. Not to offend, but I don't see how laying it at the feet of a creator does (or has ever done) anything to ameliorate anything in the realm of rights. Pragmatically, at least. Maybe that gives us extra oomph in the moral sphere . . .

                                          Well, I'm with Jon, sort of. Humans do have skillz that nonhumans do not have. The sad thing is that humans do not respect their responsibility to exercise their -- what, soul stuff? I can't think of how to finish that. I am newly risen from an AWFUL TERRIBLE ordeal of suffering and can't be expected to think good.

                                          At least, that's today's excuse.

                                          Success is measured by your discipline and inner peace. – Mike Ditka

                                          IvorythumperI 1 Reply Last reply
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