A Quote by Stephan Kinsella
My basic approach is to recognize that mainstream legal theories of contract have been muddied by unlibertarian and positivistic conceptions of law and rights. Questions about what rights are "alienable" or not, loose talk about how promises should be "binding," etc., highlight the need for clarity in this area. In my view, to sort these issues out one needs a very clear and consistent understanding of the nature of property rights and ownership.
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We hold that the ownership of private property is the right and privilege of every American citizen and is one of the foundation stones upon which this nation and its free enterprise system has been built and has prospered. We feel that private property rights and human rights are inseparable and indivisible. Only in those nations that guarantee the right of ownership of private property as basic and sacred under their law is there any recognition of human rights.
At the end of the day, these are issues that need to be discussed: femicides, among other things - immigrant rights, women's' rights, indigenous people's rights, animal rights, Mother Earth's rights. If we don't talk about these topics, then we have no place in democracy. It won't exist. Democracy isn't just voting; it's relegating your rights.
US law and international human rights law have radically diverged in the past years in terms of the recognition of indigenous people's rights. International human rights law now looks at not whether or not the tribes have formal ownership or legal title in a Western legal conception might have it, but rather they look at the tribe's historical connection to that land.
I typically don't use the distinction 'positive' and 'negative' liberty, because negative sounds bad and positive sounds good, and I don't think that the terminology ought to prejudice us one way or the other. So I think the more descriptive term is 'liberty rights' versus 'welfare rights'. So, liberty rights are freedom-of-action type rights, and welfare rights are rights-to-stuff, of various kinds...And, property rights are not rights-to-stuff. I think that's one of the key misunderstandings about property. Property rights are the rights to liberty within your jurisdiction.
When a law is in its nature a contract, when absolute rights have vested under that contract, a repeal of the law cannot divest those rights.
There's this big debate that goes on in America about what rights are: Civil rights, human rights, what they are? it's an artificial debate. Because everybody has rights. Everybody has rights - I don't care who you are, what you do, where you come from, how you were born, what your race or creed or color is. You have rights. Everybody's got rights.
It's long been common practice among many to draw a distinction between "human rights" and "property rights," suggesting that the two are separate and unequal - with "property rights" second to "human rights."
We hear in these days a great deal respecting rights--the rights of private judgment, the rights of labor, the rights of property, and the rights of man. Rights are grand things, divine things in this world of God's; but the way in which we expound these rights, alas! seems to me to be the very incarnation of selfishness. I can see nothing very noble in a man who is forever going about calling for his own rights. Alas! alas! for the man who feels nothing more grand in this wondrous, divine world than his own rights.
If we would have civilization and the exertion indispensable to its success, we must have property; if we have property, we must have its rights; if we have the rights of property, we must take those consequences of the rights of property which are inseparable from the rights themselves.
When a law is in its nature a contract, when absolute rights have vested under that contract, a repeal of the law cannot divest those rights. The people can act only by their agents and, within the powers conferred upon them, their acts must be considered as the acts of the people.
My own sense as an American is that we have begun to experience the disadvantages of framing virtually all moral issues in terms of individual rights. American history has consisted of swings back and forth between rights talk on the one hand and talk of duties, responsibilities, and the common good on the other hand. Recent decades have seen a big swing toward rights, and conceived in very individualistic terms, which hasn't always been the case even with rights.
We've placed a lot of emphasis in this country on the idea of people's rights. That's how it should be, but it makes no sense to talk about rights without also talking about responsibilities.
I would rather people not smoke. I certainly appreciate the fact that smoking is not legal in restaurants and bars. That used to stop me from going out at night because you'd go someplace and your clothes would reek and you wouldn't enjoy the experience and that affects your rights. It's always a question. Whenever you are talking about these issues, it's not a question of restricting rights. It's a question of restricting whose rights, and providing for whose rights and that's a tricky balance.
We need not concern ourselves much about rights of property if we faithfully observe the rights of persons.
In this dilemma they evolved the theory of natural rights. If 'natural rights' means anything it means that the individual rights are to be determined by the conduct of Nature. But Nature knows nothing about rights in the sense of human conception.
Unfortunately, I have witnessed millions of children suffering from the deprivation of basic rights such as the rights to education, the rights to health and the rights to play.
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