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StockHuman | 1 year ago
The lack of positive rights infringes on a society’s own fabric, however. The right to a lawyer or legal counsel is a positive right born from the ideal of fairness under the law; I’m not sure framing the American (conservative?) character as so staunchly against positive rights is correct. Police protection is very popular with the right, and that necessarily involves the labour of others.
Society ensuring some minimum standard of health so that one may properly navigate life (and enjoy the rest of their rights) is framed as a right as health is a general precursor to everything else: it’s not that odd a framing, no? “You have the right to vote, but not to live long enough to get to the polls” is the outcome of categorizing essential societal functions as somehow out of scope of what society should do. I think the average Republican gets that, though a lower tax bill is always the priority.
hajile|1 year ago
"Rights to healthcare" ultimately means "rights to enslave healthcare workers". If healthcare workers refuse to serve you, you have no healthcare unless you force them to serve you which makes them your slave.
Positive rights always end up in some form of forced labor aka slavery.
The lawyer question is different. The government is given the right to enforce laws, but the responsibility to provide legal council to counterweight the force of government. Lawyers aren't compelled to be public defenders, but if no public defender were available/willing, the government would not be allowed to imprison and try someone, so it is a negative right.
StockHuman|1 year ago
The practice of healthcare already comes with the understanding that all who seek treatment (resources permitting) will be treated, and the interrelationship between patient, hospital, doctor, and the duty to care is foundational to the right to healthcare. It is however not the point. EMTALA in the US could be further reading if you’re interested in how refusal of care works in practice re: funding.
As per law, in the hypothetical where no lawyer could be found to take the case and no public defendant compelled to, the situation merely continues with rights violation, instead with a delayed trial or excess imprisonment. Like all rights in general, the loss of one weighs on the rest as if a ball on a net.
robertlagrant|1 year ago
This is a negative right: the state cannot prosecute you without a lawyer on your side.
> Police protection is very popular with the right, and that necessarily involves the labour of others.
Police protection is not a right. The police will come and investigate and follow up, maybe, but you can't assume they'll protect you. They might be far away and unable to do so.
mattmaroon|1 year ago
You are correct that police and attorneys for the indigent are a couple positive rights. I didn’t mean we don’t have any. We just don’t have a culture of them.
mattmaroon|1 year ago