[governance] Cerfing the Web, or Serfing the Web?

[Paul Lehto]

2012/1/17 Daniel Kalchev <daniel at digsys.bg>

>
> On Jan 17, 2012, at 4:24 PM, Kettemann, Matthias (
> matthias.kettemann at uni-graz.at) wrote:
>
> And no, human rights are not “more akin to ‘aspirations’ than enforceable
> rights”. Human rights are enforceable rights. States need to respect,
> protect and implement human rights. That violations of human rights occur
> and that some human rights can only be implemented progressively is not an
> argument for the lack of their binding character but only evidence of the
> imperfect nature of the world.
>
>
> The problem is, that if one thing is good for one person it may be
> damaging for another.
>

Maybe.  Right.  One of the first steps in any rights analysis is to analyze
whether the rights in question are truly in direct conflict or not.  If
not, then no compromise or balancing of any kind is necessary or desirable.


>
>
> A very hungry man walks by an beautiful garden full of fruit trees, with
> ripe fruits. The hungry man decides to take the risk, break in an feed
> himself with fruits.
>
> Is it it "human right" to have access to food?
>
>
>
IN a previous recent message Daniel Kalchev responded to me claiming he did
not understand how property rights and human rights could conflict.  Now we
gives his own example of just such a possible conflict.  I consider Daniel
Kalchev to have answered himself on this (and some other) questions, so
I'll not respond specifically to that message.


> Violation of human rights happen all the time. There is no other way for
> violations of human rights to stop, except all humans being dead.
>


>
>
So what?  Theft, a violation of property rights, occurs all the time and
probably will always occur.  Should we then give up on property rights?
To me, the fact that a right is often violated is pretty close to full
proof that the right is valuable and thus subject to risks of being taken
or violated....  Unfortunately, other people often point to the frequency
of apparent violation of rights and use these alleged facts to argue, or
assume, that the right doesn't exist.

Paul Lehto, J.D.

-- 
Paul R Lehto, J.D.
P.O. Box 1
Ishpeming, MI  49849
lehto.paul at gmail.com
906-204-4026 (cell)
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