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Alienable/ Inalienable Rights 4 Years, 11 Months ago
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I'd be interested in some explanation on this, esp. with regard to alienability.
As far as i'm aware, alienable rights are rights that can be given away. The ultimate one being property. As we can trade property, thus give it away, it is alienable.
Inalienable rights are rights that can't be given away. Such as the right to life or self-preservation, for example were the right to life alienable, then it would be as property and you could give your right away and agree to be a slave.
Would it be too semantic a twist though, to suggest that the right to the right to property (and that's not a typing error) has become de facto inalienable? <!-- editby --><br /><br /><em>edited by: Schizo-Stroller, Jun 15, 2007 - 09:31 AM</em><!-- end editby -->
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Re: Alienable/ Inalienable Rights 4 Years, 11 Months ago
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[quote1182971240=Schizo-Stroller]
I'd be interested in some explanation on this, esp. with regard to alienability.
As far as i'm aware, alienable rights are rights that can be given away. The ultimate one being property. As we can trade property, thus give it away, it is alienable.
Inalienable rights are rights that can't be given away. Such as the right to life or self-preservation, for example were the right to life alienable, then it would be as property and you could give your right away and agree to be a slave.
Would it be too semantic a twist though, to suggest that the right to the right to property (and that's not a typing error) has become de facto inalienable? <!-- editby --><br /><br /><em>edited by: Schizo-Stroller, Jun 15, 2007 - 09:31 AM</em><!-- end editby -->
[/quote1182971240]
There is a difference between 'trading' property and forfeiting the right to hold property.
The alienable / inalienable distinction is at the center of social contract theory, in which we give certain rights over to the governing body in order to protect 'more important' rights.
When it comes to the right to property, one can really grasp how such theory supports the position of those in power and those who own property.
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Re: Alienable/ Inalienable Rights 4 Years, 10 Months ago
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Inalienable rights would have to mean that one can't forfeit them no matter what what does. So liberty isn't inalienable, for instance, if arrest and imprisonment are sanctioned by law, right?
I could see how life would be inalienable if no one could be executed.
What is wrong with my conception of inalienable, if anything? Does it have a meaning in social contract theory other than the literal reading of "not able to be forfeited"?
I'm not used to thinking of, for instance, property rights as being inalienable.
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Solitude, my mother, tell me my life again. -- O.V. de Milosz
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Re: Alienable/ Inalienable Rights 4 Years, 10 Months ago
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I think that's a fair asessment.
If there is any cause for imprisonment, why is it inalienable?
But if it's "just cause", there should be a term for that
kind of right.
We also have the issue, should someone be allowed to
sell an inalienable right?
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Re: Alienable/ Inalienable Rights 3 Years, 5 Months ago
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[quote1227069233=CMZimmermann]When it comes to the right to property, one can really grasp how such theory supports the position of those in power and those who own property.
[/quote1227069233]
I'm thinking a little about property rights again because of the recent thread on digital "piracy" and found this thread waiting for a revival.
Just to play devil's advocate to the point CMZ is making here, couldn't one supplement the idea of property rights in certain ways in order to make them look more egalitarian? Something like this seems to be what libertarians like Nozick are trying to do. If the attempt that Nozick (and others) makes in this direction fails, then why does it fail?
td
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Re: Alienable/ Inalienable Rights 3 Years, 5 Months ago
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[quote1228259656=talking_dog]
[quote1227069233=CMZimmermann]When it comes to the right to property, one can really grasp how such theory supports the position of those in power and those who own property.
[/quote1227069233]
I'm thinking a little about property rights again because of the recent thread on digital "piracy" and found this thread waiting for a revival.
Just to play devil's advocate to the point CMZ is making here, couldn't one supplement the idea of property rights in certain ways in order to make them look more egalitarian? Something like this seems to be what libertarians like Nozick are trying to do. If the attempt that Nozick (and others) makes in this direction fails, then why does it fail?
td
[/quote1228259656]
Perhaps this is simply the way in which you articulate this, but I question your use of the idea of 'supplementing' property rights in order to make them 'look' more egalitarian, as in making them appear to be so when perhaps they are not. Can you clarify this?
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