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The right to security of person is linked to the right to liberty and involves the integrity of an individual and their body, that is the right against bodily harm, this includes control over your body, the right against government inflicted harm and arbitrary arrest and detention (without due process of law), and such things as not being subjected to medical experimentation without consent. If you have no right of security of person (against bodily harm/integrity of person), as I said, there is no foundation for rights of self-defense be those rights of self-defense against assault by an individual or a legal defense for, for example, the right of habeas corpus. Yet, you continue to insist that there is no right to security of person.
Control over your body is prior to all rights; it is a fact upon which rights are based, being part of the truth "You own yourself".
That truth is the foundation of the right of self-defense, of freedom of speech, etc.
I maintain that there is no right to security of person because a goal is not a right. Security of person is the aim of the right of self-defense; the aim of something is not its foundation.
At least in my perspective, the fundamental rights are the right to life, liberty, and security of person. Without those fundamental rights there is no foundation upon which to derive the other rights. All other rights stem from those fundamental three.
And what are they derived from? Whatever they derive from is fundamental, though it may not be a right.
Life: I exist, but that's an insufficient foundation. I own myself -- now there's a reasonable foundation; if I own myself, I have a reasonable expectation that others who own themselves will recognize that I wish to continue my existence, and thus my self-ownership, and since that is what I wish, and there is no foundation for anyone to act contrary to that (without first resigning their own desire that no one act contrary to that), then I can speak of having a right to life.
Liberty: it derives the same way, except that the desire is to exercise ownership of myself without interference.
It strikes me here that we've got two different sorts/categories of rights here -- I'll call the one "philosophical" and the other "practical". The right to life isn't something I can guarantee; life is something I have, and wish to continue, and therefore we can call that a "right". The same goes with liberty, though whether a person is born with it is definitely fodder for philosophers unless you fall back on the fundamental reality of self-ownership. Those are philosophical rights. Practical rights -- what the Bill of Rights is chock full of -- are those which serve to achieve the philosophical rights.
But both sets of rights rest of ownership of self, so they aren't strangers, rather are cousins at worst.
I've been thinking of practical rights, but with the concept of philosophical rights (bad label, I know, but the distinction is necessary), "security of person" might be considered a right -- it can't be guaranteed any more than life or liberty, but it is an ideal which properly belongs to every person because it is the proper (true, correct) outcome of self-ownership.
Let's call them "ideal rights": they are the ideal that self-ownership, if respected by all, demands, and in a perfect world would obtain (in the sense of "be the case").
Practical rights, then, are those which also flow out of the truth of ownership of self, but recognize that this is not a perfect world, but is one in which the ideal rights are goals, not realities which obtain (my philosophy discussions and courses are starting to show...) or are unwavering and evident -- and so those ideal rights become goals, and the practical rights are means to the goals, the place where the rubber meets the road, so to speak.
{I'm sitting here pondering whether "security of person" can in any way equate to Jefferson's "pursuit of happinefs" (as it was originally printed), to make this nice and elegant}
Another way to describe the ideal rights: they are the proper possessions of self-owned persons. They aren't guaranteed, but in a perfect world would obtain, would just be there.
So in a rather stretched sense, the practical rights are "derived" from them, though more properly the practical rights stem just as directly from self-ownership, just with a radically different axiom, i.e. that this is not a perfect world.
Note for clarity: I'm using the word integrity above in its sense of meaning being whole or entire, not in the sense of the word meaning "of sound moral character".
I used "true" earlier in the sense of being faithful to or maintaining course, e.g. "his swing was true" thinking golf), or "his vector was true" (thinking outer space), or one that would be familiar to the Founding Fathers, "his aim was true" (Kipling uses it that way, somewhere [dratted memory]).
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I also can't help but feel you are starting with the right to bear arms and then using that right around which to build all of your other rights and arguments. That is, that you are using that right to bear arms as the foundation for all the rest of your rights and argumentations. You're definitely starting from an attitude that the right to bear arms is the only means of self-defense and the only means of ensuring rights. Much of your argumentation also seems to infer that those who have arms to violate your person (when the right to bear arms is a civil right or is restricted ) have tacit approval to the right to have such arms.
You seem to be arguing some points in isolation as if they exist in a vaccuum and are not informed by any other rights or normative laws to regulate and guide behavior.
This, however, is simply a "gut" feeling.
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At some points I also think you are engaging in solipsism which is difficult to argue against.
I'm not going to pursue the discussion further, but I will say that you've given me things to consider.[/QUOTE]
I rest everything on the firm foundation of that second truth known to all, whether consciously or not, of self-ownership. So things look like isolation, or solipsism, because when you're trying to derive things from points which are actually tertiary or quaternary, the framework from self-evidence doesn't appear to hang together.
Though... with the notion/category of ideal or philosophical rights, that tertiary or quaternary drops to secondary.
Oh -- if there are normative laws to restrict freedom of the press, as in Russia (yeah, let them deny it; Putin's thugs are murdering reporters who stray from the rules), don't have "tacit approval" to run an underground newspaper, they have the right, because it is inherent. Likewise, if there are normative laws to restrict the right of self-defense, e.g. to forbid firearms, then those who have firearms anyway don't have "tacit approval", they have the right, because it also is inherent. For as I pointed out, it has been held to since before there was a U.S. Supreme Court to remain true to it that to deny means to a right is to deny the right -- as my examples made abundantly clear.


 
						 
 
		
