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Human rights do not exist

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Angurse replied on Tue, Nov 3 2009 1:24 PM

wilderness:

good day sir

edit:  I clarified above and erased "circular proof" from my original statement cause I was talking about something different than begging the question, which I haven't ever come across begging the question also having the name circular proof.  I erased the original posting here for clarity's sake and left in parenthesis what was originally present before this edit.

 

http://www.amazon.com/Historians-Fallacies-Toward-Historical-Thought/dp/0061315451

Fischer:
The fallacy of the circular proof is...

pg 49

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ok.  So circular proof has two different meanings.  simply trying to be accurate.  i was hoping you could show me where begging the question and circular proof have been used in the same way.  I knew it had to be since Robin Smith noted how in modern times the two terms have been used "interchangeably", but as he notes Aristotle meant something different and then explains the difference.

thanks

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Angurse replied on Tue, Nov 3 2009 2:15 PM

wilderness:

ok.  So circular proof has two different meanings.  simply trying to be accurate.  i was hoping you could show me where begging the question and circular proof have been used in the same way.  I knew it had to be since Robin Smith noted how in modern times the two terms have been used "interchangeably", but as he notes Aristotle meant something different and then explains the difference.

thanks

No problem. But if you read the book, David Fischer doesn't completely conflate begging-the-question and circular proof, he says that they are related. Which fits well within Prior Analytics and your citation of Robin Smith.

Regardless, in this case [human rights] it's still a fallacy. Stick out tongue

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Angurse:

Regardless, in this case [human rights] it's still a fallacy. Stick out tongue

of course you know i disagree on that point by my taking of an axiom.

as for what you said previously in your post that's interesting Fischer doesn't completely conflate the two.  i think the relation is one of direction.  I'm interpreting begs the question as being dialectical; whereas the circular proof I introduced to this thread is a demonstration.

"I used to see a mountain as a mountain.. Thereafter.. when I saw a mountain; lo! it was not a mountain.. yet now of final tranquillity: I see a mountain just as a mountain as I used to.." - Master Yuan; molon labe

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Torsten:

Can rights just exist, because human beings exist? Can one put a legal obligation onto others to observe/respect/enforce those rights:

Human rights do not exist.
Human rights are rights that belong to human beings simply by virtue of
being human. A right to X indicates that an individual has, or ought to
have, a legitimate claim to X that obligates other individuals not to
deny the individual X and obligates the government to protect the
individual's possession of X. Given this understanding of rights, to
qualify as a right, a proposed right must meet at least two minimal
conditions. The first is that there actually are other individuals to
be so obligated. The second is that there is an effective government
mechanism for protecting the object of the proposed right. Human beings
may inhabit circumstances or contexts in which either or both
conditions are not met without losing their humanity. In such
circumstances or contexts, it would be inconsistent to claim that such
human beings would continue to possess rights. Since there are
circumstances or contexts in which it does not make sense to claim that
a human being has a right to anything, human rights cannot exist. Human
beings cannot have rights simply by virtue of being human. Rights have
to be founded on an alternative basis.

http://www.allacademic.com/meta/p_mla_apa_research_citation/0/8/2/8/4/p82840_index.html

Any comments or further thoughts

Concerning this paragraph, I agree with the first statement. Obligations demand more then one party. For how can you be obligated to yourself? That seems like a bizarre thought. However, I disagree with the concept that a governmental institution must be founded in order to protect said rights. Obviously polycentric legal systems have been discussed here ad nauseum, so do we really need to continue into it again?

'It is difficult to imagine any normal person wishing to meet Marx for a third time.' - Alexander Gray, The Socialist Tradition

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