Pensive wrote:
The courts work with a 250 year old document and try to interpret a scant and terribly short directive on the procedures of the country. It's great to hearken back to how the country was founded, but honestly, we should be using our brains instead of precedent and the existential status of what it means to be a human in order to determine our ethical systems, which should be influenced, and not dictated by, an antiquated document using an antiquated conception of human rights.
The concepts of liberties and rights and how they should apply within a society haven't changed. The logical arguments involving such things haven't changed. It's not enough to say that the Constitution is a 250 year old document and therefore shouldn't apply. You need to show how the related arguments fail. You haven't done that.
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Hate to interject some logic into this discussion, but accept this premise and your ENTIRE LIBERTARIAN tradition dies. You need will, specifically inherent, innate, free, will to act as the basis of the very concepts of rights.
First off. I'm not a Libertarian. Not in the strictest sense (ie: agree with every single tenant of the position).
You're also changing the conditions of the debate to suit your argument. And in a pretty irrational fashion as well I might add. I'm not going to get drawn into a philosophical debate about the existence of free will, and it's not really necessary for this issue anyway. The argument can be debated purely on the terms being used, so let's not drag additional stuff in that only serves to muddy the waters, ok?
Your argument hinged on the idea that a parent, given the right to raise his child as he wished, would be able to turn that child into a submissive clone. You further assert that this is "bad".
My counter is that, if this is true, then it is true regardless of who is raising the child. It's not limited to parents. Ergo, your argument only supports the idea that parents should not have more rights to raise their children than anyone else (let's just say "society" or "the state" here) if you can show that the "bad" thing you mention is avoided in those situations.
You haven't done that. In fact, I'm quite sure that you *cant* legitimately support that argument. Therefore, your argument really rests on the assumption that society or the state will turn children into submissive clones that will follow rules and ideas that you think are good, while the ones they'd follow if they were left to their parents care would be "bad". It's not the fact that they'd be "programmed" in some way, but the specifics of what the programming would be that you don't like.
Am I right in that assumption?
And don't get me wrong. This is a valid direction to go with this. But it does open up questions and fears of an authoritarian state, doesn't it? Surely, we could ensure that the children are all raised to believe the same things, and follow the same rules, and overall conform to our vision of society better if we give the power to raise children to the state. But is that actually better? I'll repeat what I asked earlier in the thread: What happens to the ideas of diversity? What happens to individuality? If children are clones of their parents and their parents are all "different", then those differences will be passed to their children. If they are all clones of the state, then that isn't the case anymore, is it? We'll have "one society", but can we be sure that's going to actually be "better"?
Note. I've simply accepted your assumption here. I happen to believe there is great value in freedom and individuality. And yeah. I happen to believe that people do have "free will" (although that's a whole topic of discussion by itself). I just wanted to explore your argument alone and see where it takes us. And quite honestly, where it takes us is pretty horrible. The word "Dystopia" comes to mind...