10 July 2012

Treatise on Fundamental Rights


To this time in a canonical year of the Western World is attributed the “designated time” to recognize two days that serve us the foundational works of Fundamental Rights. The very concept of social order requires a basis of activities and social processes that must occur in order to distinguish in Humanity a sense of Self that is affirming, renewing, and upending of every order that has ever proceeded it. Fundamental Rights progress towards a world that actively ends coercive collectivism and insufferable individualism, noisome nationalism and destructive dogmatists. The system of existence then is, by the very demand of the guide to Fundamental Rights, borne to be germinated into the system that fair in all it dispenses, equal in all it disseminates, governed by an educated and dedicated populace of the highest End, disciplined to justice through the demanded finale of selfish, stupid, scrupulous fear, self-obsession and “reciprocation”.  

I posit this thought as my first and essential though in every comment made: that any formal process of reciprocation and/or compensation is inherently flawed and failing, as the very concept that creatures without good sense to judge the propriety of decency towards one another is insulting to the notion that any effort we make to ‘define’ the ‘quality work’ could ever be anything above a ludicrous concept. I go so far as to assert that a universe as this is, lacking the power to dole and detract annihilation and judgment, there is nothing fit to stand in the place of judging anything else, and the slaughter system we have created is formed of our sloth, sycophant nature to make certain that cortical brain function is fifty-ninth on a list of ‘Important Things to do Today’. When one chain link is forged to restrain any piece of creation into a system that it will not receive its fair right to existence, then the very concept of ‘fair system’ has itself ended. It starts with a mindset, with the assertion ‘Then we must never do harm.’ and from the mindset breeds a sense of existence to harness a sense of Self.1 This formation occurs in the main of Humanity only in illusion.

What is this concept of ours before us, of fair systems of existence? Do we have a proper understanding of this place yet, or are we still very much lacking in good faith toward the concept of ‘fair’? In a world that is focused upon the worth of a being on its essential functions and compounding value, most of which is delegated by ‘imaginary friends’ and some lucid concept of superiority I find the very notion that we have ascended the original cave dwellers to have its lacking attributes. Two days of exploding ‘boom-boom sticks’ does not make up for a year of not caring for trampling of the Rights of Man, to the point where the majority of the world lives well below poverty, rape victims are blamed for the crime, money is the equivalent of power, figments of imagination stir our action and justify our words, property is possessed only as a comparative scale of ‘person’, and the very concept of education and universality are derided for sport. How could such creatures ever coalesce into a society with True Fundamental Rights? I argue that the only way is by understanding what these things mean, that intelligence is equivalent to awareness, and that the very awareness of these notions will spur the idea to make the Ideal. For if there is one great Truth to reality, it is that whatever an idea ‘is’, ideas are bulletproof. 

So let’s attend first to the definition of ‘right’, as ‘any legal, social, or ethical principle of freedom by entitlement’, a descriptive set of normative rules about what is allowed of people or owed to people, according to some legal system, social convention, or ethical theory.2 The very use of the phrase entitlement sets the train tracks for a monstrous machine of complaints from many a conservative mouth as per some foolish definition that ‘entitlements’ are not ‘earned’. 

I have already stated the reality of how little the word ‘earned’ could ever truly mean, and a further analysis is not for this essay. For those of weak minds who wish to masturbate of this ‘horrifying’ concept that all your ‘worth’ is the mere machination of a system that basically designated you as a winner from ‘day one’ I apologize to inform you I do not care for your opinion either way, and I am not concerned with your contempt. I only wish to form the definition of Fundamental Rights, so I continue. 

The very notion of an ‘entitlement’ is that without a system, the guarantee of the provision would be notably lessened (continue to apologize for being correct and informing those of lost concept of their fallacy). In this sense then, almost every institution is an ‘entitlement’, for the fact that humans are a naturally social creature in and of itself creates a system that provides for these very concepts of property, culture and exchange to even be given credence, much less formal effect. In this sense then, every right, economic, social, cultural, civil, litigious, association, academic and thought, is by its nature entitled to us only as a function of our more socially systematized preference for existence. 

This assertion brings a new focus to the concept of Fundamental Rights. If all rights are the sprouts from seeds of social confluence, then Fundamental Rights, being distinguished from all other rights, must have some distinction about either their function or end as we have already shown that foundation of all rights is the same. 

I propose that the very concept of an ‘end’ could only be assessed as the cessation of existence functions for something, and so in this I fail to see how rights in the main could ever be different. Perhaps a case could be made that ‘end’ should be a qualifying measure as per how well the system of one people is kept viable (i.e. ‘Declaration of Independence and Declaration of the Rights of Man are Fundamental in that they continue to be utilized and still have legalistic viability with laconic yet luminous language’) and I do not assert it is indefensible, but I hold a sincere scruple in two fashions. The first is that this would assert, as we are not a group of beings very entitled to eternal recognition, that the most important of things in the world require first language to be expressed. Secondly, after having the language, we would require the mode for which the concepts were to be contained, expressed and preserved. Our lacking capacity cannot be a deciding factor in defining the essential piece of our social order. I therefore propose that any argument as per stating that rights could be ‘distinct’ in their end is a function only of their preservation or of the Sentient Being’s demise, neither scenario one by which I seek to define Fundamental Rights.

The function then is where I seek to define a Fundamental Right. In this, we must include in the notion of ‘function’ the effect caused by a structure in the system and how it affects and is affected in every area of society. We cannot call the structure whereby its proposed conditions may end for a time or even for one person permanently, as that is not the purpose of structures. I would find it hard to meet the engineer who would in theory state to me that a true structure is ever designed to malfunction and be replaced. So it must be for our formation of Fundamental Rights, and so the definition to be made of them in recognizing Fundamental Rights shall exude a presence by their function that is enriching, ennobling and essential to the Human Self. 

This then will be the working definition: a Fundamental Right is an entitlement of the social system that is in and of itself derived from the most self evident assertions of Truth, and by this has the capacity, in function, to create the Human Self in a way that, by comparison, shows those to not have the ability to exercise such rights to be deleteriously defrauded from proper self assessment to attain Self, and essentially unable to achieve the full extent of that most True of existences and find a sense of what is most Human. 

To this I must immediately state, this definition is founded only as per the actual needs of a person in the social system, considering all that could be and all that is not. Only in this regard then do I include social rights, cultural rights and economic rights. I state this because the current systems that are made of these systems are solely virulent and essential internecine to Humanity. There has never existed any social, cultural or economic system that has existed without violent, visceral and toxic discrimination of existence, dividing everything it touches into segregated groups and forming unsustainable classifications of difference. The only reason these systems have endured is primarily a three-fold confluence of consequences, arising first and foremost from a human need to explain and systematize the universe, followed by a general fear of self-appraisal that was germinated from a desire to cast a unified structure, politically. The fact that the departure for these creations usually was ‘homocentric’ at no point meant that humanity would resist the worship of them, ignore the enticing means by which our ‘essence’ could be extraordinary to the human condition. We still do this today in our psychology; how could we possibly expect that our predecessors would not do similar? 

I cannot also ignore that the utility with which these systems exist is extraordinary, as by simply changing a name (i.e. ‘Agnus’ to ‘Imperator’; ‘Mercantilism’ to ‘Capitalism’ to ‘Consumerism’) you not only can adapt the words to a new system of thought and human activity, but you then begin to change the very essence of the system so it seems as though your way was always right and possesses some portent of infinity. Granted this formlessness is enhanced by the most ignominious and ignoble efforts of the rhetorical arts, but the systems require the ability to do such as is, and with or without the rhetorician, the alterations have and have had the capacity for alteration (note I said alteration, not change). 

In this and only in this sense, I exclude every social, economic and cultural right as to be considered for Fundamental consideration as they designed for one purpose only: assert personal affection and considerations. A system that bends itself to the whims of human comfort and sensibilities could not focus our efforts towards a Primacy of social union that would ennoble a sense of Self to create the Human experience and a Fundamental act. This does not discriminate that people have no capacity to decide to possess a social, cultural and economic system, but only from the Fundamental Right of Self determination which cannot be altered or abolished. I continue to state that all of these structures are rights, and of this classification I had no argument and made no argument in any sense. I simply mean to distinguish what things are Fundamental Rights, and by this I must state that some ‘rights’ cannot be similarly considered a Fundamental Right, by the very definition and nature of the elevated and essential nature of Fundamental Rights.

I also separated civil and what I call ‘litigious’ rights due to a matter of linguistic discomfort to which I may not be joined by some friends of greater legal knowledge depth than I, and so I note a compelling interest for myself to extol the logic of my distinction. Civil Rights, as they are, should describe the relationship by which the guaranteed protections of a civil institution, legislative and judicial, are given to all citizens equally. Now the ability to litigate obviously comes from a legislative and judicial system, but since the litigation process is a carrying on of a legal issue in the judicial process, this system is thereby a system where the citizens affect the legislative and judicial process, the materialist creation that is the opposing to Civil Rights. I separate these two only as one is affected by Humanity, the other affects.

These distinctions being made, I propose the following as a list of Fundamental Rights, by no means exhaustive and comprehensive merely enumerating what is to be recognized, additions to be made as a right can be shown by exhaustive and comprehensive work to demonstrate the distinguishing mark of Fundamental Right:

1)       Right to equal protection and equal representation under the law
2)       Right to freedom of thought
3)       Right to freedom of information
4)       Right to freedom of expression
5)       Right to freedom of Association
6)       Right to undocumented Association
7)       Right to freedom of movement
8)       Right to Self determination
9)       Right to privacy, therein private activity and association
10)   Right of inheritance of cultural heritage
11)   Right to Education
12)   Right to fitting provision

If the ending is where I make the statement to be remembered of these thoughts then I wish to end on three concluding notions. 

The first is that I am in the shadow of those who have inspired me, and I am not anyone who claims to be their candle bearer, merely a student. I propose this attitude is one that would be essentially cleansing for the entire world if we were to adopt it. It is not to adopt a sense of propriety about the past as much as a demanding of self to meet a standard that will push forth the source of our desire to unite under a similar rebirth in existence and defining of Self. Truth has no time; that is its very core. Socrates stating something of Truth is not any different from me stating it, and this lack of distinction is what I am most completely attempting to draw. 

Secondly, I wish only to say that for any exclusion to Fundamental Rights that some find to be short sighted, I would never deem a social construct unfit to be permitted in context, simply that I worry basing our broadening sense of community in a structure that is inherently exclusionary is itself very short sighted. Whatever people do of their own is their own, and may they attend and be attended in that jurisdiction alone. However, those pieces are not essential to how we as a people coalesce to advance a method of social union, rather to assert personal affection and considerations. For whatever they mean, they are not essential to the presence of the Sentient Being, and could not focus our efforts towards a Primacy. My discomfort with their placing on the list is a linguistic issue, both connotative and denotative, and possesses no personal direction in any form.

To conclude, may I reiterate this idea I have so long known to be True: If we are to be a great people, we must rise up and fulfil that notion we set as our founding. Perhaps others claim to possess the same birth, and indeed in the fullest sense they do, but the very hypocrisy they bred from those assertions make their points moot. Our birth comes from the Ideals, which we already hold to be True. Yes, these concepts are self-evident, and yes they do note the ways to end the servility and senility of the human sense to create the Human Self, and we have known such for a time the fair equal to an eternity before me (as whether we like it or not a time past what could be our life span might as well be an eternity away). We in our time are lucky that we have fought through the hypocrisy, but we must be ever more certain that ours will be a role of sacrifice. However, in willingness, we affirm our lives can incorporate the Ideals. We do not prove them, nor do we give these concepts meaning. Both existence and the Essential Components have meaning in and of themselves that nothing in the universe has power to add or detract. By incorporating the concepts into us, we simply unite ourselves to the grandest available to us. 

To us we must exist within and about those most Absolute Truths: that all Men are created Equal3; that ignorance, neglect, and contempt of the Rights of Man are the sole cause of public calamities4; that to be a great people we must meet the promise of our birth, and we must be united in one sense together to let freedom ring as one5; that we are not going to let others slip away because to do so is selfish, not natural6; that no one has any place to tell us we are ‘unpretty’ or ‘unloved’ and we should never believe we are ‘alone’; that whether ‘right’ or ‘wrong’ we were ourselves, and so we are called7; that we are loved and we are not alone; that the only call is to preserve charity towards all, malice towards none8; that whatever this Era will be remembered as, it will be of our choosing. 

I believe the time has come to make the choice that what came before us is no longer acceptable. It is a change that beings within each of us. It is a change of self recognition, one without selfish notions and fearful meanderings. It is not from fear we descend, not from condemnation, not from apology. To tough the poison of hatred and weather the illusions is our creed; from it shall grow our marvel at miracle grandest, Life. It is precious, this thing we call Life. Now to us is left the decision of how to turn this theory into definition. No one dared before – let us cease to repeat such a mistake. 

You are existence; demand the right act and dedication due to you by this. No force or creature, natural or supernatural, provides your worth, and certainly could never lessen it. Do nothing for proof, act only to consider. Perform for the reality that without you the universe loses a spark it will never replace. You miss a violin in a Chorus – do not let us miss you. We do not wish to. 

And if there are any who see this as nothing but a condemnation of who they are and what they believe, I can assure you that it most likely is, and I leave this piece with two promises. For you, oh weak and febrile mind, know that this Declaration is the formation of an enemy you will not outlive; begin your nights of endless anxiety, for even they are numbered.

For those who take this message as the light in the void, who see it as the centrepiece of how society can work, it is not. These are simply words, and while words offer the means to meaning, the annunciation of Truth is an act. To you I promise only this: there will never be one moment from this existence when I do not act, and in even in that I will always provide you a friend to listen.

Act for Truth
for Humanity
for Existence.




References
1)      Plato. Crito. Penguin Books: 49b.
2)      "Stanford Encyclopedia of Philosophy". Stanford University. July 9, 2007. Retrieved 2009-12-21. Viewed 2012-07-04.
3)      Declaration of Independence: Preamble.
4)      Declaration of the Rights of Man: Preamble.
5)      King, Jr., M.L. (1963, August). I Have a Dream. Speech Presented at the Lincoln Memorial, Washington, D.C., United States of America.
6)      Romero, O. A. (1980, March). The Last Sermon of Óscar Arnulfo Romero. Speech Presented at the Cathedral of San Salvador, San Salvador, El Salvador.
7)      Nietzsche, F. W. Beyond Good and Evil.
8)      Lincoln, A. (1865, March). Lincoln’s Second Inaugural Address. Speech Presented at the White House of the President of the United States, Washington, D.C., United States of America.