(L10) Human Rights

1.) Is there a “right of free speech” in the abstract, or is the question of free speech at root a matter of property rights?

Free speech, while being an essential human right, stands only on the basis of property rights. When property and human rights are separated, human rights become inconsistent and imprecise at best. They must instead, for understandings sake, be viewed as two pieces of the same thing, (rather than two different things). For example, if I were to rush into a movie theater shouting “Fire! Run! The theater is on fire!” I would get thrown out. I would not be thrown out because I was exercising my freedom of speech, but because I was on someone else’s property, and I was violating the set rules that they have on their property. I would be thrown out because I yelled (which is against the owner’s rules), not because of what I yelled.

2.) Explain the difference between positive and negative rights, using at least one example.

Negative rights are rights that simply require the absence of interference from others; for example, the rights to life, liberty, and property. More specifically, the right not to be killed, the right to not have my liberties infringed upon, and the right to not have my property stolen. Positive rights on the other hand place burdens on some people to obtain specific benefits for others. Positive rights are things that are all especially desirable, but not technically human rights; the reason for this is that positive rights may only be obtained through plunder and coercion.
Positive rights create conflict (between positive and negative rights) because, one’s negative rights will never infringe upon another’s (negative) rights. Positive rights however (in every case) will infringe upon one’s negative rights not to have their property (money) stolen. Negative rights require only self responsibility and mindfulness of others, whereas positive rights violate people’s negative rights (God given/birth rights) and incite threat-assisted theft.

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The Source (L65)

Is the state the source of human rights?

The state is not the source of human rights, I believe, because I am a sovereign human being. For the state to be the source of my rights, would also mean that they could deprive me of those very rights. This is not the case. Some people believe that God is the source of our human rights; other people believe that the source of their rights is, well, themselves. It is also widely accepted that the constitution is the source of these rights. Personally, I believe that God made me a sovereign being, and has granted my rights and liberty here on earth. It is up to me however to defend those rights against the state, and any other false source claiming authority over me.