When shouting fire in a theatre, it is as I said, "such issues should only appear when fundamental rights clash with each other". It is an act which will of itself threaten people's right to life. Here we have one fundemental right (free expression) contrasting with another (right to life). In which case, the person who wishes to exercise his right to expression must at the same time do it in a manner that will not threaten others lives. The difference with anti-discrimination laws, the subject of this thread, is that they do not protect a fundamental right. There is no fundamental right to enter shop x, or be employed by business x. Therefore the fundemental right to property cannot be infringed in order to gain these.

For the courthouse example, surely that is an example of public and not private property? If so, then the rules regarding them would be based on what the public as a whole want.

For the issue with prison, I said in reply to Sasaki that it is very clear these rights are considered inalienable only for law-abiding citizens.

As for "natural law" as espoused by Aquinas etc, it certainly had a big impact on English concepts of their common law and the ancient constitution, from which of course we get our Anglo-Saxon (to use the crude racial term, before anyone points it out) idea of natural rights.

Reply