Is It A Fundamental Right To Never Be Arrested Or In Captivity Against Your Will?

Shogun

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No. It is a fundamental right to never be raped, for example. Should you rape someone and violate their fundamental right then you deserve to be arrested.

In my opinion of course.
 

Mowgli

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Rights are whatever the people in power say they are. Fundamental does not trump someone having all the weapons and a standing army imposing their will on the fundamentals in your mind.
 

Slang

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Rights are whatever the people in power say they are. Fundamental does not trump someone having all the weapons and a standing army imposing their will on the fundamentals in your mind.

Fundamental rights that govern the protection, safety, sanity and vitality of the organism provided by the choices of ones own mind is what I speak of.

Condensed, "it's the right to live how one see's fit"
 

Mowgli

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Fundamental rights that govern the protection, safety, sanity and vitality of the organism provided by the choices of ones own mind is what I speak of.

Condensed, "it's the right to live how one see's fit"

Again, thats determined by whoever is in power unless you live somewhere where people in power have no jurisdiction or dont care about the people that live there.
 

Type Username Here

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All people are born with the freedom to do anything they feasibly can and wish to do. This obviously ultimately conflicts with the freedoms of others in certain cases, therefore humans have come together to institute systems of order with procedures to facilitate proper environments for co-existence. There have been a multitude of systems, with different origins (religious, secular, tribal, divine-right, and so on) but almost all systems are based on the aforementioned criteria and objective.

What we know as "rights" are essential restrictions placed on the governing body relative to the consenting will of those that are being governed. Rights always have to be fought for and their value is only determined by the worth the governed populace place upon those rights, even if it is written as a socially binding contract.

Therefore, my point is that rights at essentially worthless unless a group of people assigns value to it. Sometimes it's done by peaceful means, sometimes it's done through violence. So I'm not sure if there exists such a thing as fundamental rights.
 

NkrumahWasRight Is Wrong

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This ultimately boils down to a question of morality, whether or not there is right or wrong..

If you believe that there are things that are "wrong" to do, then you have to believe in jurisprudence and the ability of a government via social contract to imprison if it is deemed as just, based on commonly accepted laws agreed upon by the system of governance in place.

One could argue that fines, freezing or forfeiture of assets, or other penalties would be suitable as punishment outside of imprisonment, but based on some laws, you lose your fundamental rights of life, liberty and/or the pursuit of happiness when you are convicted (and temporarily if you are suspected) of committing a crime heinous enough to lose those unalienable rights.
 
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