Tuesday, October 21, 2008

The Fundamental Right?

The idea of freedom is tied up inextricably with the idea of rights. It is impossible to imagine freedom without imagining rights that attend it. The concept I wish to explore today is that of fundamental right. In a nutshell it is the right which safeguards all other rights. If lost all other rights are only temporarily granted on sufferance of your lord and master. With just this one right all other rights can be expected to be gained, and the people are in a position to make deals with their rulers regarding accepted rights. I will examine the right to bear arms and the right to vote as fundamental rights as well as some other possible candidates.
The right to bear arms as the fundamental guarantee of rights is an old concept. Indeed the idea of rights stems from the Magna Carta which was signed and kept in place under threat of arms from the governed. The idea of this as the fundamental right is that ultimately your rulers will be afraid to oppress as they and their supporters will be risking defeat. As Mao says, “power flows from the barrel of gun”. To support this as the candidate for universal rights one needs merely to consider the American Revolution, the Roman revolt and every other successful revolution. To argue against it one need merely bring up every failed armed revolt in history of which there are an abundance.
The right to vote seems to be merely a formalized version of the right to bear arms. The military right rests on the ability to project and resist military power. That is based on numbers. Who has the most people on their side can be favored to win any military conflict. More recently the right to vote has become based on consent. Considering recent failed attempts to rig elections or ignore their results one doesn’t see it devolve into military action. Rather what happens is that people refuse to cooperate with the ruler(s) because they see their authority as illegitimate. In favor of this as the fundamental argument we can observe the general trend in democratic countries of increasing rights for its citizenry. There is however the maxim, “one man, one vote, one time.” What now the Roman/Weimar Republic?
Two other proposed fundamental rights are as follows: Tenure or in other words the right to be protected from the outrages of fortune -even of your own devising, Immigration in a multi state system – in this system you pick your government and rulers by voting with your feet.

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