Civil Liberties versus Civil Rights. Over the past weekend my mailbox was inundated with questions having to do with the subject. I got tired of responding individually and decided to write a short essay about it. Basically, a comparison contrast piece.
First, some definitions;
Civil Liberties
civil liberties n. rights or freedoms given to the people by the First Amendment to the Constitution, by common law, or legislation, allowing the individual to be free to speak, think, assemble, organize, worship, or petition without government (or even private) interference or restraints. These liberties are protective in nature, while civil rights form a broader concept and include positive elements such as the right to use facilities, the right to an equal education, or the right to participate in government. (See: civil, civil rights)
Civil Rights
Personal liberties that belong to an individual, owing to his or her status as a citizen or resident of a particular country or community.
The most common legal application of the term civil rights involves the rights guaranteed to U.S. citizens and residents by legislation and by the Constitution. Civil rights protected by the Constitution include Freedom of Speech and freedom from certain types of discrimination.
Leave it to Lawyers to muck things up beyond belief! They are nearly as bad as Economist’s when it comes to turning something, anything, from the profoundly simple to that which only confuses.
Both Liberties and Rights have much in common, or at least they appear to. So then, how are they differentiated one from the other? One must step away from politics and enter the metaphysical world of ethics.
In the realm of ethics, as applied in this context, there are the Natural and Unalienable Rights. These are rights that you, as a person are in fact born with, and can never be taken from you.
There are also Inalienable Civil Liberties or Rights. Those are rights that are granted via society or government. Those rights can be surrendered or forfeited based upon behavior. (The link above addresses both.)
The simplified version then, is that a “Natural” right cannot be taken or surrendered. But, again this is very simplified, a Civil Right or Liberty can be taken from you. Most often by surrendering a right for the perceived greater good. A good example would be surrendering your right to self defense via gun control. You will always have a right to self defense, in an ethical context, but you can choose to impose self restrictions upon yourself.
Further, society can in point of fact take your Unalienable Rights from you should it deem it necessary for the good of society. That being execution for true felonies.
Confusing even in a simplified version? Yes, admittedly it can be. A Civil Right is a Natural or God given Right. A Civil Liberty is granted by society or government.
These are the crux of such diverse issues as California’s Proposition Eight, as well as Gun Control, and the list just goes on from there.
Tags: Ethics, Gun Control, Law, Liberties, News, Politics, prop 8, Rights
Conservative Libertarian Outpost 