Oh, well if you don't feel not being able to speak your mind wherever you please is an infringement
By my government, Town. By my government.
, then I'd apply the same idea to other rights and we're getting where I mean for you to be, only using different language to describe it.
No, you're talking about my government infringing my right, and you a private citizen expelling me from your living room for saying the wrong thing or carrying the wrong gun, then that's Your right---but it's not my government's Power to do the same. Note the difference between rights and power also, as they are counterbalancing and not equivalent.
My living room. Your business. Our town square. You seeing the connection?
The first two sure. The third? Public property, owned by my government, and my government does not have valid power to infringe my or your rights on public property, while you have every right to do whatever lawful things you'd like with yours.
They can penalize you in the street. Supra.
They can penalize me in the street for what? Supra what?
All property and every space is owned, either by individuals or by government.
Correct, and public property is owned by my government, and my government doesn't have valid power to infringe my rights on public property. My rights and my government's powers are in a tension, and my rights are sometimes specifically forbidden by my government from being infringed, and that one would think would especially apply on public---i.e. my government's---property.
And all rights are subject then to other rights in exercise, which has been a point I noted earlier.
You're begging the question, not actually advancing your argument or defending the claim.
Rather, laws frequently reflect community standards, but there are fairly universal understandings on some words, just as there are for certain actions. Now there will always be some group that has a different standard, just as there are some people who would react violently to fairly innocuous behavior.
I don't think you actually addressed what I said here. As in, what I said still stands, and nothing you said changed any of it, or even added to it, not even a nuance. Southern Baptists and Satanists perceive 'profanity' and 'vulgarity' and 'indecency' completely differently, with I might say exceptions of violence, on which they might largely agree with each other, but we have one Constitution, and these two communities can have different laws regarding lawful speech, even though our Constitution commands both of them to leave people alone wrt all but criminal speech that does or directly brings about violence, a thing that Southern Baptists and Satanists probably largely agree do not constitute 'protected' free speech.
Laws proscribing conduct on religious grounds would run afoul of Constitutional protections, but community standards that aren't recodified dogma can and do survive that scrutiny, however we ascribe the root of the standards subjectively. The reasonable man is the average man and so the exceptional, be they Satanist or Amish, will not prevail by claiming exception.
That's not at all what I was getting at, and nor do I consider either of these clusters of people 'exceptional.' They're all reasonable. Our law is one though, and must be the law of both of them, and all the rest of ours too.
Rather, there is what is and then how we value and relate to it. So the former is not always the same animal as the latter, depending on what part of it you grab (see: blind men circling an elephant).
"How we value and relate to" "what is" is the reality, that is what 'perception is reality' means.
Also, every man should then understand that values are inherently subjective, as with ice cream flavors.
And every man does not understand that; and that is the reality.
That's not really a rebuttal that proves my observation wrong. Rather, a racist's perception of the reasonableness of a black man smiling at a white woman might ring true for him, as his action in response would seem warranted. The reasonable man, unburdened by his subjective ire, would not.
It would take a reasonable man to determine who the reasonable man is, is the point I was getting at. Right now judges are just assumed to be that reasonable man, reasonable enough to determine who the reasonable man is. Do you get my concern? Of course the concern is addressed when we through our legislature stays on top of our laws, constantly not only instructing our neighbors and fellow citizens, but also our police, and also our judges, as to how they are to treat us innocent Americans.
Rather, ir results in the necessary application of principle and reason, as it should.
Then why do we need rights at all? Are they just superfluity? Are principle and reason relatively new inventions, or have they been around for millennia?
Not rationally though, not defensibly as an operation of ethic and logic. The proffer I gave was both, or could be easily expanded into perfect Amish harmony.
Agree to disagree.
To defend and to negotiate the reasonable exercise. Because rights without that are just another form of tyranny to the person injured by their exercise.
Nobody has the right (nor the valid power) to commit a crime---that's not what a right (or what valid power) is. As I've repeatedly repeated.
Without limitation of any sort?
Yeah. A right's a right. Leave em alone.
'Reasoning goes, that abortion is a private matter ('Roe'), and so where we might want to make a law limiting it to just objectively justified and sustained credible threat to life or limb to the mother (or to a twin sibling 'in utero'), to discourage wanton and indiscriminate termination /killing, it wouldn't be justified to ever interrogate or even interview the mother to confirm that the procedure is strictly lawful. It being a right, and private, rules out the mother ever being answerable to government or police for her choice.
I do think abortion is killing, and I don't want any abortions, like how I don't want anybody killing in self-defense either, but killing a born person in self-defense isn't a private matter anymore, unlike how abortion is private.
And I don't think it's just to use public funds to subsidize abortion, without specifying easily verifiable conditions that are supported by a supermajority of Americans, who through Congress make the right law to regulate the public subsidy of just and only abortions meeting those easily verifiable conditions.
That's no real argument for abortion absent the mother's life being in jeopardy though, is it.
That's none of your or my business though (supra, re: 'Roe' and privacy), while lethal force used against a born person is public business.
Not entirely, but mostly true among adults.
'Should be true, or, at least, 'should be the ideal. It certainly would speak to marginalizing minorities and favoritism or corruption right quick.
I'm not entirely sure of what you're after with that part.
The less rational the law is wrt us preparing for real justified use of force in defense of self and of our families, neighbors, and other innocent (of capital crimes) people against aggressors, the greater the probability that authentically innocent and peaceful people will mistakenly and inadvertently not just break the law but also commit an unjustified act of violence.
Most laws have standards built into them, so the application of a reasonable man standard is fairly limited.
What are these standards? Are they explicit somewhere? Or can you define them?
Where it exists it's no more or less problematic that reasonable doubt.
Reasonable doubt is determined by juries though, civilians, and the 'reasonable man' is determined by judges, government officials.
That is, past any point where the stakes are high enough human judgment, a weighing of sorts, will come into play, subject to review by men and women learned in the law and having exceptional skill in applying critical though processes to the whole.
We hope that's the case anyway. The executive branch's police is there to balance that power, and that branch is authorized to balance that power through the minding of our laws through the legislative branch, which again underscores how important it is that we stay on top of our laws all the time, because otherwise the balance of power as we've seen tends to favor the judicial branch in some very important matters, and out of the hands of We the People, which is where it's supposed to be.