A right can be respected or violated, but can not be regulated, licensed, restricted, or limited. At least, not "justly". Not even for those who are incarcerated. (Otherwise it wouldn't be a "right", but only a "privilege". ) That means that when "society" prevents a prisoner from exercising his rights, society is (temporarily?) violating his rights. Is it right? Is it necessary? Is it worth it?
I'm not saying it isn't; I'm just wondering.
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Right? I'd say no. Necessary? Perhaps unfortunately yes, at least within our present context, but only for the most serious crimes against persons. Worth it? I'd say it's worse than not worth it, it turns ordinary criminals into monsters, destroys families, breeds dependency and violence.
ReplyDeleteI think framing the question by asking if it is "right" (correct) to violate the "rights" (individual sovereignty expressed) of a "rights violator" might confuse the issue. If you violate a right then you have become a right violator. You cannot violate the rights of someone who has initiated the violation of your rights, as he/she surrendered his/her protections upon initiating the violation of your rights. Regardless of the argument, if you violate the rights of someone who is not at that moment violating your rights, it is wrong. There are likely scenarios where it would be necessary, but it would still be a violation. How about this: "What circumstances would necessitate the violation of someone's rights?"
ReplyDeleteKen, you can only use violence to defend against and protect from the initiation of violence.
ReplyDeleteNo one has the right to punish another person. You have the right to recover your losses within the best efforts of those that caused those losses.
Our current justice system is a system of punishment - and thus, it can only do harm to everyone as it fundamentally violates human rights.
Ancient cultures used shunning and banishment - recognizing both the right of security and the right of the abuser. They did not 'punish', however, it was obvious the abuser was brain damaged and did not properly understand human rights, and therefore was sent away.
Under those concepts, I think a new 'justice' system could be well conceived that held that all humans have rights - and be able to deal with abusers.
Anonymous,
ReplyDeleteThat is an excellent point. I have long been very uncomfortable with the concept of "punishment". It seems more harmful than helpful. Somehow I wasn't seeing the connection here until you pointed it out. Thank you.