The Structure and Content of Rights

Christopher Hurtado —  February 25, 2010 — Leave a comment
The Structure and Content of Rights | Christopher Hurtado
(1) In your opinion do people have either a moral right or a constitutional right to engage in offensive public conduct which does not directly harm others?

In my opinion, people necessarily have a moral, but do not necessarily have a constitutional right to engage in offensive public conduct which does not directly harm others. I say they have a moral right, because I am liberal in the traditional sense of the word. I agree with John Stuart Mill, though for different reasons, that no one has the right to coerce anyone out of his or her rights unless failing to do so would infringe upon their own or others’ rights. I say people do not necessarily have a constitutional right, because the constitution is open to interpretation. Some would interpret it such that the kind of natural law that would support the right of an individual to engage in offensive public conduct which does not directly harm others, where as others would not.

 

(2) What is the best justification for legally prohibiting offensive public conduct?

The best justification for legally prohibiting offensive public conduct is that it directly harms others. Any justification based on the idea that it harms others indirectly is a lesser argument as it is based on a subjective claim.

Christopher Hurtado

Posts Twitter Facebook

Christopher Hurtado is President and CEO of Linguistic Solutions and Adjunct Instructor of Philosophy and Political Science at Utah Valley University. He holds a BA in Middle East Studies/Arabic and Philosophy and an MA in Nonproliferation and Terrorism Studies. He coauthored Vacation Spanish: A Survival Guide for Mexico, the Caribbean, Central & South America. He is married to children's book author and homeschool mom, Alysia Gonzalez. Together they have nine children. They are active in their church and in their community.

No Comments

Be the first to start the conversation.

Leave a Reply

Text formatting is available via select HTML. <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <s> <strike> <strong>

*