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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
    #99

    Well I don’t know how you conceive “inalienable” rights in anything but a normative framework.

    Because obviously they are all quite alienable and were alienated for most of humanity for most of history.

    Only non-witches get due process.

    • Cotton Mather, Salem Massachusetts, 1692
    HoraceH 1 Reply 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".

      jon-nycJ Online
      jon-nycJ Online
      jon-nyc
      wrote on last edited by
      #100

      @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.

      Only non-witches get due process.

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

        Well I don’t know how you conceive “inalienable” rights in anything but a normative framework.

        Because obviously they are all quite alienable and were alienated for most of humanity for most of history.

        HoraceH Online
        HoraceH Online
        Horace
        wrote on last edited by
        #101

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

        Well I don’t know how you conceive “inalienable” rights in anything but a normative framework.

        Because obviously they are all quite alienable and were alienated for most of humanity for most of history.

        "Do exist, and ought to be enforced". There, done.

        Education is extremely important.

        1 Reply Last reply
        • jon-nycJ Online
          jon-nycJ Online
          jon-nyc
          wrote on last edited by jon-nyc
          #102

          You spelled “should exist” wrong.

          Only non-witches get due process.

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

            You spelled “should exist” wrong.

            HoraceH Online
            HoraceH Online
            Horace
            wrote on last edited by
            #103

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

            You spelled “should exist” wrong.

            Only if you assume that rights do not exist without enforcement. I make no such assumption.

            Education is extremely important.

            1 Reply Last reply
            • jon-nycJ jon-nyc

              Natural rights are not granted by society (government) but inhere to the individual. So what rights inhered to people 30k years ago?

              Or, as I suggested, are “natural rights” to be understood in an “ought” rather than an “is” framework? Something they should be granted?

              Or am I speaking Greek to you?

              KlausK Offline
              KlausK Offline
              Klaus
              wrote on last edited by Klaus
              #104

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

              Natural rights are not granted by society (government) but inhere to the individual. So what rights inhered to people 30k years ago?

              Or, as I suggested, are “natural rights” to be understood in an “ought” rather than an “is” framework? Something they should be granted?

              The way I see it: You can of course not look at our touch natural rights. You cannot discover them with science.

              That does not mean they don't exist.

              My somewhat Schopenhauer-esque take on the issue is that we can "will" natural rights into existence. Each of us makes a choice of whether natural rights exist or not. That's not the same as "should exist".

              1 Reply Last reply
              • jon-nycJ jon-nyc

                Ok, then feel free to correct me. What natural rights did Homo Sapiens possess on the savanna 30,000 years ago?

                IvorythumperI Offline
                IvorythumperI Offline
                Ivorythumper
                wrote on last edited by
                #105

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

                Ok, then feel free to correct me. What natural rights did Homo Sapiens possess on the savanna 30,000 years ago?

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

                Natural rights are not granted by society (government) but inhere to the individual. So what rights inhered to people 30k years ago?

                The same natural rights as all human have. Rights are principally grounded in moral responsibility, since the moral agent must be free to act morally in respect of one's obligations.

                Obviously systems of governance and law and philosophy have developed which better understand, recognize, and uphold the rights of man than whatever occurred on the plains of Africa 30,000 years ago. But the rights have always inhered in the human person as a moral agent.

                Or, as I suggested, are “natural rights” to be understood in an “ought” rather than an “is” framework?

                As the law is ordered to the common good as a matter of justice, and the recognition of natural human rights are required for a just society, the State (those in charge of the community) have the moral obligation to establish laws which respect the natural rights of the members of the society. This is necessary that all members of the society might be able to fulfill their moral obligations to self, family, and society.

                Something they should be granted?

                Yes, not only should but the State morally must uphold the natural rights of the members of the society. The validation of the authority, as the raison d'être of the State, is found in the ability to establish, promote, and maintain the common good. The common good is the very order of society which allows for human flourishing.

                Or am I speaking Greek to you?

                It's easier in Latin, if you prefer.

                1 Reply Last reply
                • 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 Online
                    HoraceH Online
                    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 Online
                        HoraceH Online
                        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 Online
                                    HoraceH Online
                                    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
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