Human Right vs Human Sanity April 19, 2009

Posted by gryphon85 in Iter Itineris.
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I. Essence of Human Right

History

In the very early age of the earth, people already look for justice. This Justice then become the very basic of Human Right, right to be treated the same. One of the oldest that supported this is the Code of Hamurabi, which describe clearly the rights of women, rights of men, rights of slaves, etc, with  one of its most famous quotes, hand for hand, eye for eye.

The development of religion in all part of Asia, also shown the great need of people upon justice. The Bible, Qur’an, all describe the rights and the responsibility that every man bear.

In Europe, Greece is the most famous Kingdom with it’s philosophy and code of conduct. Their philosophers described everything started from ethics, to political philosophy, to philosophy of mind and language.

Still, one power that ancient people cannot go against: kings.

As the world approaches to the modern world, the people was getting sick with kings and tyrats that leave the people in deaths while they enjoy glorious days above the law. This, later become the background of the people movement, which starts with the Magna Carta, which said that everybody is under the law, including kings.

No Freeman shall be taken or imprisoned, or be disseised of his Freehold, or Liberties, or free Customs, or be outlawed, or exiled, or any other wise destroyed; nor will We not pass upon him, nor condemn him, but by lawful judgment of his Peers, or by the Law of the Land. We will sell to no man, we will not deny or defer to any man either Justice or Right

-Magna Carta-

This process of defending the Human Right continued through the French revolution and the Bill of Rights in United States.

Development

Justice for people, is the basic foundation of every Human right as has been stated above. However, this Justice doesn’t stop here. People demanded something more from the government. They demand the right to speak up their mind. They demand their rights to have their own religion. They demand their right to be rich. Therefore, this demands become a movement of liberalism which cover themselves with the title of democracy.

From the very basic needs of Justice, then it continues to grow. Now, there are 5 basic needs that UN approved.

1. right to be free from poverty
2. right to have religion
3. right to speak up their mind
4. right to live
5. right to be judge equally under the law

This development is not enough. By using the view of natural Law, there are 3 rights that John Locke said far before the UN created, which are:

1. Life- everyone is entitled to live once they are created
2. Liberty- everyone is entitled to do anything they want to so long as it doesn’t conflict with the first right.
3. Estate- everyone is entitled to own all they create or gain through gift or trade so long as it doesn’t conflict with the first two rights.

Everything are just fine but the liberty part. Everyone is entitled with the right to do anything the won’t as long as it doesn’t conflict with others.

This liberty than become the basic argumens for thousands of cases. From Feminism, Gay Marriage, Abortion, to Cigarretes law.

II. Essence of Freedom

Nature of Freedom

Before discussing things much further, we must acknowledge the nature of freedom, of the liberty itself.

The word freedom is a state where one have full control of what one going to do. In other words he is free to choose what he is going to do. This shown that he has no boundaries to do whatever he want to do.

This understanding is very important because this is the basic of next point.

Two Types of Freedom

What differentiates freedom? Going back to the definition of Freedom itself, which one have full control to CHOOSE what he is going to do, it is clear that it is not the freedom that different, but the path that one choose, differentiates them.

Freedom to be Free

Take a case, as one choose what one going to do with the freedom one have. When he choose to use that state of Freedom to be free, unleashes the chain that binds him, throw the burden on his shoulders, he come to the real state of freedom. The freedom above freedom.

But of course we all acknowledge that this kind of freedom is a total chaos. Moral degradation, Stuctural destruction, all starts from this state of freedom.

However, it is a natural law that every human have the right to choose what they want to do. I would say that is very true. But if we implemented it to this point, nothing but chaos will happen.

Why we can do abortion? because it is the mother’s right to do whatever she wants with her body. Why we should approve gay marriage? Because it is their right to love each others. Why we can do euthanasia? Because, because, because!  And above all of that, it is beacuse man have right to do anything he want as long as he prepared to face the consequences.

Can you see the lack of the statement that is bolded? If they keeping their right to do whatever they want, it is far to late. As we know, consequences never come first. The job must been done before the consequences come.

This gives no limitation of the man’s rights. And I would like to say that this kind of freedom is no more freedom, but it is wilderness!!

Freedom to be Controlled

In another case, if man use his freedom to control himself. Again, back to the definition, that freedom means that man have the right to choose what he is going to do. And if he choose to limit his own freedom, the opposites will come. 

This limitation to the one’s freedom must be implemented.

Take a clear good example. God.

I would like to say that God is omnipotent. Ain’t he powerful enough to do sins? If it is true that he is the omnipotent, of course he have the very right, the every power to do crimes. Ok, God can’t steal, God can’t kill, how about becoming unfair? I’m sure that God is more than able to keep the sun for believers and let the non-believers see no light.

This point we see clearly how to use freedom to limit the freedom itself. Let’s say God. God limit himself so he do nothing but holiness.

Take another example. The president of United States have highest rank in the army. No general, even the four stars general, can move the army without his approval. He have the full access to all US silo and launch the nuclear missiles to all over the world. Does he do that?

He doesn’t do that. But does he have the right to do it? Yes. So why he doesn’t do that? Cause he hold himself not to do that.

So here we see that a controllable freedom is a resposible freedom. A kind of freedom that may bring good to others.

III. Conclusion

Here we see what is Human right, we also see what is freedom. Human right ensure man’s freedom. Freedom is the essence of Human Right. This two is one package that cannot be separated.

however, the way we approach them is the most important part. Do we choose to limit ourself within the ethics and the moral values. Are we willing to use our freedom to limit our freedom?

We all responsible for what we have done. rather we are going to create chaos or create a good living for all, it is our decision. We are free to decide. It is our liberty.

Do we choose to be part of the wilderness? Do we choose to be insane?

Or

Do we choose to stay sane and keep the order till our death with our freedom?

again, it is our choice…