Table of Contents for Governance Systems Design
rights human rights vs member rights absolute rights vs non-absolute rights natural rights (if any) vs invented rights positive rights vs negative rights substantive rights vs procedural rights rights as natural or de jure rights, vs rights as things that are de facto recognized
lists of rights todo some lists of rights: https://en.wikipedia.org/wiki/Rights https://en.wikipedia.org/wiki/Human_rights https://www.law.cornell.edu/constitution/billofrights http://www.un.org/en/documents/udhr/ http://www.ohchr.org/EN/Issues/Pages/WhatareHumanRights.aspx http://www.hrw.org/ http://billofrightsinstitute.org/founding-documents/bill-of-rights/ https://en.wikipedia.org/wiki/Civil_liberties http://civilrights.findlaw.com/civil-rights-overview/civil-rights-vs-civil-liberties.html https://www.aclu.org/ http://www.ushistory.org/gov/10.asp http://www.merriam-webster.com/dictionary/civil%20liberty http://legal-dictionary.thefreedictionary.com/civil+liberties http://www.britannica.com/EBchecked/topic/134197/Constitution-of-the-United-States-of-America/219002/Civil-liberties-and-the-Bill-of-Rights https://www.auburn.edu/~johnspm/gloss/civil_rights_civil_liberties https://en.wikipedia.org/wiki/Political_freedom http://www.thenation.com/article/159748/reclaiming-politics-freedom http://www.democracyjournal.org/28/of-freedom-and-fairness.php?page=all https://en.wikipedia.org/wiki/Individual_and_group_rights https://en.wikipedia.org/wiki/Four_Freedoms http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2007:303:0001:0016:EN:PDF https://en.wikipedia.org/wiki/Template:Rights https://en.m.wikipedia.org/wiki/Charter_of_Fundamental_Rights_of_the_European_Union#The_text note: even in some ancient imperial govs in china, there was the right to petition the emporer https://en.wikipedia.org/wiki/Memorial_to_the_throne
lost rights
rights that ppl typically used to have in the past, and no longer do
enclosure-type lost rights
- https://en.wikipedia.org/wiki/Freedom_to_roam#In_the_Nordic_countries
- British https://en.wikipedia.org/wiki/Enclosure
- eg "to cut underwood, to run pigs" -- D. C. Coleman by way of [1]
- the open/common field system "Prior to enclosure, rights to use the land were shared between land owners and villagers (commoners). For example, commoners would have the right (common right) to graze their livestock when crops or hay were not being grown, and on common pasture land. The land in a manor under this system would consist of: Two or three very large common arable fields; Several very large common hay meadows; Closes – small areas of enclosed private land such as paddocks, orchards or gardens, mostly near houses; In some cases, a park around the principal house, the manor house; Common waste – rough pasture land (effectively everything not in the previous categories). Note that at this time field meant only the unenclosed and open arable land; most of what would now be called ‘fields’ would then have been called closes. The only boundaries would be those separating the various types of land, and around the closes. In each of the two waves of enclosure, two different processes were used. One was the division of the large open fields and meadows into privately controlled plots of land, usually hedged and known at the time as severals. In the course of enclosure, the large fields and meadows were divided and common access restricted. Most open-field manors in England were enclosed in this manner, with the notable exception of Laxton, Nottinghamshire and parts of the Isle of Axholme in North Lincolnshire. The history of enclosure in England is different from region to region.[29] Not all areas of England had open-field farming in the medieval period. Parts of south-east England (notably parts of Essex and Kent) retained a pre-Roman system of farming in small enclosed fields. Similarly in much of west and north-west England, fields were either never open, or were enclosed early. The primary area of open field management was in the lowland areas of England in a broad band from Yorkshire and Lincolnshire diagonally across England to the south, taking in parts of Norfolk and Suffolk, Cambridgeshire, large areas of the Midlands, and most of south central England. These areas were most affected by the first type of enclosure, particularly in the more densely settled areas where grazing was scarce and farmers relied on open field grazing after the harvest and on the fallow to support their animals. The second form of enclosure affected those areas, such as the north, the far south-west, and some other regions such as the East Anglian Fens, and the Weald, where grazing had been plentiful on otherwise marginal lands, such as marshes and moors. Access to these common resources had been an essential part of the economic life in these strongly pastoral regions, and in the Fens, large riots broke out in the seventeenth century, when attempts to drain the peat and silt marshes were combined with proposals to partially enclose them." -- [2]
- "Common rights had included not just the right of cattle or sheep grazing, but also the grazing of geese, foraging for pigs, gleaning, berrying, and fuel gathering." -- [3]
- copyrights?
- patents
what else? todo, has anyone else made a list of these? p2pfoundation for the enclosure-type ones?
enforcement of rights
It can often be surprising to read the formal documents governing repressive countries and find declarations of various rights that appear not to be enforced.
In fact, all countries, but especially countries considered repressive, often have de jure rights that are not enforced, usually because either:
- the judicial system is not independent
- the police andor the judiciary is corrupt
- wealth is required for adequate legal representation
- 'temporary' measures appear to perpetually be in effect, ostensibly because of war, terrorism, counterrevolutionary threat, etc.
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