I agree with the sentiment but there is an important correction… ‘ We invented universal human rights…’
No we didn’t. They exist, and always have existed, naturally - like gravity. We just discovered them, like we discovered gravity.
This is why they are in nobody’s gift. They exist in each of us by nature of our existence. Nobody can take these Rights away, although they certainly can stop us enjoying them.
In essence this is the difference between Common Law - which is discovered - and Code Law or Legislation which is invented. Under Common Law, everything is legal unless the Law says otherwise. Under Code/Legislated Law nothing is legal unless the Law says it is.
Some say that Legislation should not be called Law as it confuses provenance, integrity and legitimacy. A question of brand identity, as one might say. Not all colas are Coke.
Code Law is a much more restrictive and open to abuse and arbitrary judgement. It gives Government greater control. In a Common Law society, legislation is only permitted if it keeps to the letter or spirit of the Common Law - that is the sole function of Parliament/Congress to make sure it does, thereby protecting the citizen from the State.
Except - Parliament/Congress have joined the tyrant - that is no longer the case and legislation is designed to undermine Common Law or override it altogether and that violates this principle:-
“It forbids government from imposing a hierarchy of rights on their citizens. It forbids government from sacrificing some people for the benefit of others. It forbids government from knowingly imposing harm on some individuals in order to serve an alleged greater good”.
And that is exactly what legislatures spend the whole time doing.
Spectacular. It is why the American Revolution was truly revolutionary: "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness."
Good link. Thanks.
I agree with the sentiment but there is an important correction… ‘ We invented universal human rights…’
No we didn’t. They exist, and always have existed, naturally - like gravity. We just discovered them, like we discovered gravity.
This is why they are in nobody’s gift. They exist in each of us by nature of our existence. Nobody can take these Rights away, although they certainly can stop us enjoying them.
In essence this is the difference between Common Law - which is discovered - and Code Law or Legislation which is invented. Under Common Law, everything is legal unless the Law says otherwise. Under Code/Legislated Law nothing is legal unless the Law says it is.
Some say that Legislation should not be called Law as it confuses provenance, integrity and legitimacy. A question of brand identity, as one might say. Not all colas are Coke.
Code Law is a much more restrictive and open to abuse and arbitrary judgement. It gives Government greater control. In a Common Law society, legislation is only permitted if it keeps to the letter or spirit of the Common Law - that is the sole function of Parliament/Congress to make sure it does, thereby protecting the citizen from the State.
Except - Parliament/Congress have joined the tyrant - that is no longer the case and legislation is designed to undermine Common Law or override it altogether and that violates this principle:-
“It forbids government from imposing a hierarchy of rights on their citizens. It forbids government from sacrificing some people for the benefit of others. It forbids government from knowingly imposing harm on some individuals in order to serve an alleged greater good”.
And that is exactly what legislatures spend the whole time doing.
Spectacular. It is why the American Revolution was truly revolutionary: "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness."