Hey Rick:
Among other things, RICK said...
I think your making a big mistake by associating a particular philosophy of
textual interpretation with cartoonish political stereotypes of what is
'left' or 'right'. Many people in this forum make this same error (Platt
scolds me for being too liberal and politically correct... now you scold me
for being too 'politically right' and hostile to rights--- funny ain't it?).
DMB...
OK, OK. But, I'm still skeptical of the "strict" constructionist school.
Even the more reasonable take fails to give rights their proper due. I know
for certain that "cartoonish political sterotypes" have used this same
argument to advance conservative causes. I've seen it with my own eyes - on
FOX. And the Supreme Court. Its not a small weapon.
Here's the thing. If rights are meant to protect contrarians and the
evolutionary process, the common law rights of 1776 America just don't cut
the mustard. Mmmmm. mustard.
Rights are supposed to be a feature of the intellectual level, which is
supposed to guide society. To merely codify common law is little more than
formalizing a certain breed of traditions and customs. "Rights" in the
proper sense, in the Pirsigian sense are on another level. They're often
based in common law and other traditions, but they're raised to principles
by the intellect.
In spite of all the talk about this author, that faction and those
philosophers, all of it true enough, the concept has taken on a life of its
own. It's become a powerful force throughout the world. Nearly every
international political organization, the UN and EU, and nearly every nation
in the West pays homage to these rights in their highest laws. Anything can
be abused and nothing is perfect, but I think the MOQ spells out exactly why
we should support rights and their further expansion. It shows that rights
and freedoms serve the whole evolutionary process. As I see it, these are
the choices...
School #1 is perfectly reasonable, as you granted, and it fits nicely with
the MOQ.
School #2 is used as a political axe and contradicts the 4th code.
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