See - Towards a Rational Legal Philosophy of Individual Rights | Dissident Voice
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Summary:
I briefly describe the anthropological origin and recent statutory embodiments of human rights of individuals. I show that the modern “democratic” state moderates the rights of individuals by both:
(1) violating the said rights in order to maintain and enforce the societal dominance hierarchy, and (2) preventing disproportionate violations, to avoid inciting rebellion.
The courts are charged with these tasks but must not appear to represent an oppressive state. The courts’ practical solution has been to develop the legal artifice of “balancing conflicting rights”, where the court presents itself as a neutral arbitrator providing “access to justice”, rather than the enforcer that it is.
I develop several examples involving the human rights of freedom of thought, expression, and movement, and the right to a fair trial.
I show that the said legal artifice is best dismantled by a method of compartmentalization where a given act producing harm that is a crime (or offence or civil liability) is compartmentalized into its distinct elements that either constitute the crime or are human-rights freedoms that are not in play at trial or in sentencing.
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