Pointedstick wrote:
Right are interesting, yeah. You're correct that they stand in opposition to the majority (the majority doesn't need rights; they're the majority) but there's this tension because the majority is always trying to use its size and power to erode the rights of the minority that it doesn't like. Because, again, in order for rights to have a point, they have to irk the majority. Otherwise, why bother; the majority already agrees with you!
Seen in this light, rights are basically a flawed, imperfect approach to helping dissimilar people get along in a complicated society. But I think they're ineffective, for a variety of reasons. First of all, the political power of the majority is always eroding rights that have fallen out of favor, gradually reducing their ability to function in their true purpose of protecting the minority against the majority. How can a minority be protected against a majority when the minority's only tools of enforcement are in fact wielded and controlled by the majority?
Think about how the courts in this country work when they encounter a right they don't like: they minimize it, work around it, they invent convoluted logic saying that the right doesn't really mean what the minority thinks it means.
I almost 100% agree with this. Rights are very imperfect as a tool.
And the police act similarly. Police officers don't give a damn about the rights of the minority and when they want to oppress them, they do, irrespective of what rights the minority can claim. What are they going to do, petition for the officers to be arrested? Fat chance.
I am no fan of most police, but almost everyone views them as necessary, and they are restricted in their behavior in many ways, and most of the time have to honor those restrictions. Not saying it's perfect by any means. But to say they can just ignore any damn thing they want (or to imply it) is a bit much. Once again, I DO NOT like the Po-Po.
I believe a better solution is physical separation. Rights exist because a minority has a view of the world that contradicts the majority in a way that necessarily restricts the minority from doing what it wants (i.e. the minority's right to own guns restricts the majority from banning guns and throwing their owners in prison). A better solution IMHO is to let people separate themselves into political sub-units where they can get nearly everything they want without having to constantly wage costly and polarizing political battles against the majority.
What we need is a diverse collection of homogeneous political units that serve the needs and desires of their residents first and foremost, with free and open emigration between areas. That way, rights would barely enter into the equation as people would naturally self-segregate into groups of like-minded compatriots who didn't chafe against one another as much.
I agree with this to a degree... and we have a TON of this in every neighborhood, city, state, country and the world in general. What we need to be aware of, though, is that "physical separation" involves giving some people some physical areas, while awarding far, far less ideal areas to others. Physical separation works great until you realize that you're only option, after having your wealth stolen from you by your neighbors, is to live in Siberia where people agree with you. And we've also seen that when faced with hardships, people's last instinct is to just uproot themselves and leave everyone they know near them, even if they've heard "hey if you go North you won't be called a n*gger daily... just weekly."
It's convenient for people to stake their claim on valuable resources and then say "ok everyone, we all disagree... you all just try to congregate with people that agree with you... but not on my land because it's mine."
So not only is this also imperfect, but unless you consider the UN a super powerful entity against our choices, we pretty much have 200 different models to choose from, and in our model (the USA), tons of sub-models within it. This is hardly a monopoly. We have choices, but we still have huge problems. People simply don't think they should have to leave to make their lives better (for the most part). Once you know an area and have connections there, whether you're a black person in the dirty-south in 1960, or a libertarian in Portland, Oregon, people tend to resent having to just move to an area where they know absolutely nobody, and might be taking a huge step back in terms of area quality. I mean the relationships we develop are the most valuable assets we have sometimes... asking people to just recongregate (usually certain ones receiving far less valuable areas to do so in) is asking them to give up more than their local government might be infringing upon their right.
So while, as an individual, I'm always going to weigh my option to move away from a scenario that I don't like, asking society (or societies) to do that to a massive degree is hugely destabilizing... and we are looking at "macro" solutions in this discussion, it seems, rather than Browne-esque individual solutions, so I feel it' appropriate to point out that the Fallacy of Composition applies here. It's a lot easier for me to move to an area that suits my needs as a self-aware individual than to say than telling everyone that's in a society they don't like to just move to areas where they can form their own small governments. What some people view as their "rights" will be miraculously enforced by such an arrangement, and what others view as their "rights" will be utterly trampled on.
As an example:
While harmonious cooperation is probably a myth, ask either Palestinians or Jews to just leave the Holy Land and find somewhere else to live, because to recognize their rights it's easier to just live around people that agree with you, and you've essentially usurped what they believe to be their respective rights to that land in the process... so it's a Catch 22... in suggesting for them to cooperate "elsewhere" to more effectively their rights recognized, you've violated one of the most important aspects of their rights.
And which group has to move?
Who gets to decide where?
If there ever was such a thing as "free societies" (I don't know how you, PS, choose to define them, or how small they have to be to count), they took an extremely long time to develop. Asking people to just move closer to people like them (as a solution to a social problem of right non-recognition) sounds an awful lot like disguising the solutions of Communist Russia in a false drape of "Freedom!".
"Men did not make the earth. It is the value of the improvements only, and not the earth itself, that is individual property. Every proprietor owes to the community a ground rent for the land which he holds."
- Thomas Paine