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To: Yardstick

Well, apparently the phrase originates with Max Weber.

And there are some subleties to the meaning. For instance, Weber recognized a right to self-defense. It’s just that he felt the right was granted to the individual by the state rather than originating in the individual. If that’s the case, then the state is justified in regulating the extent of the right. This seems to be where Nadler is going with the statement.

Some interesting discussion on the subject here:

http://crookedtimber.org/2007/04/20/weber-and-violence/

It’s a lefty blog but they’re responding to comments made by Volokh about Weber on his blog.


45 posted on 12/22/2012 8:36:58 AM PST by Yardstick
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To: Yardstick
It’s just that he felt the right was granted to the individual by the state rather than originating in the individual. If that’s the case, then the state is justified in regulating the extent of the right.

It certainly is intrinsic to the individual person, but just so we're clear, since this question is so fundamentally essential, the right originated with, and was granted by, our Creator. That's why the state, nor any man, can legitimately, rightfully, lawfully, alienate it.

"Among the natural rights of the Colonists are these: First, a right to life; Secondly, to liberty; Thirdly, to property; together with the right to support and defend them in the best manner they can. These are evident branches of, rather than deductions from, the duty of self-preservation, commonly called the first law of nature."

-- Samuel Adams, the Rights of the Colonists

"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness. That to secure these rights, governments are instituted among men..."

-- The Declaration of Independence


51 posted on 12/22/2012 10:59:50 PM PST by EternalVigilance (Today's headline: 'As expected, Boehner folds.' This tag should be good for quite awhile...)
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