Truths to be self-evident ... unalienable rights
Posted Dec 9, 2005 14:50 UTC (Fri) by Duncan
In reply to: Truths to be self-evident ... unalienable rights
Parent article: Linux in a binary world... a doomsday scenario
Mindful that LWN is read internationally, and most of this has little if
anything to do with Linux or FLOSS directly, but unable to resist, I'll
comment, but keep it short (for me)...
Note that the US Declaration of Independence, while a noble document
(those with an interest in psychology will note that it's one of the few
documents existing at stage 5, with a few stage 6 arguments, of the
Kohlberg moral ladder, while most legal documents remain at stage 4, by
definition of the stage as a society/legal orientation, Martin Luther
King, Jr.'s "I have a Dream" speech being one of the few examples of a
full length public stage-6 document), does not obtain
the force of law in the US. Rather, it's only force of law is as
implemented in the US Constitution, which can be seen as the practical
document legally implementing the ideals of the Declaration of
Independence. Unfortunately but arguably practically, the US Constitution
falls short of the ideals of the US Declaration of Independence, without
the lofty references to "pursuit of happiness", for instance, and with the
references to life and liberty considerably toned down -- not quite so
"inalienable" after all, in practice, tho they are still considered
"rights" and their removal must be for cause and after due process.
I remember how disappointed I was upon finding this out... It's certainly
not the simplistic view many of us were taught (indoctrinated with?) early
in our educational life.
Perhaps, if there are those interested in further discussion, someone will
reply with a link to a more appropriate forum, some list, other web forum,
or (preferred for me) perhaps a newsgroup.
to post comments)