Statement of Individual Rights - Essay Example

? ment of Individual rights Task ment of Individual rights Part Introduction The island of tag is experiencing a growth in its population based on the influx of foreigners from other regions. As a result, the island is becoming diverse in terms of its ethnic composition. Oil exploration is luring a number of foreigners into the island; thus, affecting the homogeny of the island. The people entering into the island are after exploiting the discovered oil resources. Consequently, diversity is taking a toll in the island of Tagg by infusing cultures from diverse backgrounds. According to Hatts (2005), the infusion is causing anxiety to the council of elders at the island. The growth is altering the social, economic and the political structure of the island. This implies that the elders who have had the autonomous rule in the island will have to adjust their style of leadership when devising laws for use in the island. They will no longer determine the values of the people in the island. However, they will influence the formulation of the statement of individual rights. Analysis of the legal and political philosophical principles at the Nation of Tagg The elders will find it difficult to continue with their administration using their “top down” approach because of growth in the population. They will have to acknowledge the changes that come with diversity. As such, the council of elders will no longer dictate to the people “the statement of their rights”. Instead, individual rights will be made through consensus as opposed to “the top down approach”. The elders will loose the autonomy they had of formulating policies for governing the island. The island will be governed differently since the populace will be made of people from diverse backgrounds. A democratic approach will be preferred as the form of administration as asserted by Shweder (2002). Issues such as the right to property will be guaranteed to the citizens of the island. The discovery of oil in the island will diversify the economic activities of the people. According to Hatts (2005), oil exploration will affect the economies of the region. For instance, the legal philosophies will be aligned with the needs of the majority of the populations. Religion will be considered in devising laws for governing oil exploration. Legal institutions will come up with laws on taxation for people engaging in trade. Hence, democracy will be fundamental to enhancing mutual understanding in the island. It will be required upon every individual to respect the rights of one another. Everyone will be obligated to pay tax to the authorities. The diversity in cultures insinuates that there will be a difference in people values. Moreover, the administrative approach used in the island will no longer be effective. Therefore, it will be necessary to restructure the laws for delivering justice. This will ensure fairness and harmony exist among the populace in the island of Tagg. All laws should be objective and consistent logically (Peczenik, 2009). The council of elders will face resistance from different quarters of the population unless they embrace democracy. Therefore, it will not be easy for them to enforce laws to people of different philosophic ideologies. The statement of the individual rights will be made through consultations in the island to avoid conflicts in the island. After which, people living in the island will be respected. Meaning the authorities will recognize the difference in people’s culture and consider diversity when implementing laws. The top down approach will no longer be used in governorship. Instead, the council of elders will embrace a participative approach in formulating laws in the island (Hatts, 2005). They will have to collaborate with all the individuals in the island in coming up with laws. The laws to be devised should ensure there is equity in distribution of oil resources. Moreover, religion and culture will be considered when coming up with laws on the rights of individuals. As such, the statement of rights will promote the growth and development of the island as a fiscal powerhouse. Initially the laws in place inhibited commercial activities. The principle of positivism will help in devising a participative approach for use in the island. According to Shweder (2002), laws will be formulated to safeguard the rights of outsiders. People will be free to promote activities that benefit the society. They will be accorded a fair hearing system by the legal authorities. The statement of individual rights promotes confidentiality and privacy because everyone is entitled to their rights. Legal positivism theory can be used at the island in promoting democracy. In this case, the laws will be formulated democratically. Laws that have been agreed upon through consensus will help in enhancing mutuality in the island of tag. However, legal positivism can interfere in the society since the elders have a limited understanding of the formal systems of judicature. The system will make it had for them to introduce the cultural values of the society in laws. According to Peczenik (2009), it is difficult to implement legal positivism in an informal setting. Diversity brings with it several challenges in the society. Tagg Island for instance will face a difficulty in embracing policies implemented by the authorities because a number of people in the island are conservatives. The positivist approach is only effective when it allows for the amendment of laws to accommodate different values. The council of elders will have to devise laws from a “naturalistic law” perspective. Considering the universal rights of individuals will enhance harmony in the island. For instance, people from various backgrounds in the island both share universal rights. Since the right to justice applies in all the cultures of the society, people will be guaranteed the right to make decisions on matters that affects their activities (Hatts, 2005). This will work well for both the foreigners and the local who will trade within the island. The universal principles will form the basis of laws that will be used in the island. However, the foreigners will be denied the right to take part in an election in the island. According to legal positivism principles authorities are supposed to promote the rights of people in the island. Laws should be formed based on logic. Moreover, the laws are to be reviewed for them to remain relevant in the society, and a law that conflicts with other laws should be eliminated (Peczenik, 2009). Importantly people in the island should be conversant with their rights. This will happen for both the natives and foreigners in the island. Adoption of entities that ensure fairness will be integral for developing the island. The elders should enshrine their laws in a legal document such as the constitution. The statements of rights are made depending on cultures of different people. The rights to be introduced in the island should not interfere with the development of the island. The economic activities of the people in the island such as farming and fishing should never be compromised. Mutuality is supposed to exist in the island (Peczenik, 2009). The complications of introducing legal structures in the island require a consensus to take place. People should be governed fairly in order to sustain development in the island. The demographic changes in the island will make it hard for the authorities to use the positivism approach to administering justice. The council of elders will have to take a back seat in making decisions on behalf on the residents of the island. However, in numerous occasions the council of elders will advise the administrative authorities. The utilization of mineral resources in the island will complicate the administration justice. In the statement of individual rights, everyone has to benefit from the utilization of resources in the island. For the case Tagg Island, the governing authorities will protect both the foreigners and the locals who exploit resources in the island. The workers will have to be paid equitably to ensure fairness. Generally, the rights of individuals will be respected. Moreover, their religious freedom of the people at the island should be safeguarded. Employees should also be subjected to fair working conditions. The elders ought to formulate formidable policies for governing the island. Part 2 Specific Individual rights Individual rights are the rights accorded to persons despite their political affiliation, social practices, race, religion, education levels or gender. Individual rights are assessed in relation to economic freedom and political space. The rights aim at ensuring that all persons are stated and treated equal (Sunstein, 2004). Individual rights ensure that all persons are treated with respect. Nonetheless, it is vital that individuals are aware of their specific rights to facilitate their protection. In formally organized societies, these rights are drafted in bills and policies (Otfinoski, 2012). The definition of individual rights varies with countries because of the socio-religious and socio-political beliefs. In rudimentary societies, these rights are expressed to people through guidance. Moreover, the desire for respect and freedom is inherent in our human nature. The right to be treated with respect and dignity All persons have an unassailable right to be treated with respect and dignity. Tagg Island has unique socio-economic, legal and political structures that help protect these rights. The natives rely on communal guidance from the council of elders. However, intersections of different nationalities with regard to execution of laws can result to gaps. Moreover, lack of clear structures can elevate the needs of specific people while overlooking the rights of others. The culture diversity can create conflicts with each party presuming that they are better hence overlooking the rights of the other. For instance, the culture and practices of the Tagg residents may be disregarded at the expense of the foreigners needs. Consequently, these can result to loss of dignity and pride to the residents. A system granting individual rights to personal freedom, resource ownership, resource allocation, safety and respect is the most beneficial for the residents of Tagg. Therefore, an equitable system designed from the citizen’s perspective on leadership, resource distribution and allocation should be integrated. Moreover, the system should devise accommodating ways to extend unassailable rights to the foreign nationals. The right to be cared for with Respect and concern The Universal declaration of Human Rights aims at ascertaining that all world regions respect rights of individual. It emphasizes on the need for respecting individuals with regard to their gender, religion, race and economic capability (Sunstein, 2004). Governments, entrepreneurs and investors should respect individual rights and ensure that their actions do not infringe on individual civil rights. Additionally, the Declaration of Human Rights affirms that all persons accused of wrongdoing ought to undergo fair trial to defend themselves. This assertion is echoed in the US bill of rights and other national declarations that value autonomy (Sunstein, 2004). Therefore, all persons respecting human rights should restrain themselves from harmful practices and capitalize on beneficial practices. This is because all persons have a right to be treated with respect and concern. Rights to Participate in Activities that enhance personal development Individuals have a right to participate in activities that enhance positive attitudes towards their capabilities. This implies that the Tagg residents be respected in their mode of living and reap positive attitudes from their neighbors. Moreover, the residents need for education, job opportunities, political decision making should not be gagged in discriminatory ways. Consequently, these rights need to be extended to all persons that wish to engage in positive developments. Moreover, different nationalities in the Tagg originate from countries with different definitions of individual rights. The Tagg Island comprises a small population that is mainly involved in subsistence activities of farming and fishing. These activities may be considered lowly and simple in comparison with the advanced modes of subsistence such as hotel business and oil exploration by the foreigners. As a result, they may engage in activities that demean and compromise the life and livelihoods of the Tagg people thus contradicting to the basic human right of (Sunstein, 2004). Nonetheless, there are international laws on individual rights that can benefit the island. The U.S Bill of Rights 1789, the Declaration of Human Rights and the Hammurabi Code of 1760 BCE are specific examples. The right to be treated as an equal player in the society without racial, religion, color or nationality discrimination This right asserts that all persons be treated as worthy players in the society. This implies that religious, ethnic, gender prejudice or economic marginalization be eliminated (Mathieu 2006). There are existing statements of individual rights with this regard. However, some statements are hybrid and do not integrate the special needs of the Tagg people. This is because they have borrowed intensely from already modernized nations. Nonetheless, the conflicting factors should be harmonized to address discriminatory acts. The code of Hammurabi that widely guides governance in Tagg covers low-level interaction as opposed to the hybrid constitutions from modernized nations. It is not integrative of the diverse social and political needs in the cosmopolitan society. However, it displays specific guidelines that ensure protection of individual rights and non-discrimination by persons who possess more power and influence. The code employs conventional approaches to straighten up societies problems. The Tagg Island is infiltrated by outside religion such as Islam and Christianity. Therefore, the laws should promise the freedom of worship along designated boundaries. Nonetheless, all persons must be accorded the freedom of spiritual expression, invention and movement (Otfinoski, 2012). Right to life and quality living A council of elders governs the Tagg Island. However, it is infiltrated by outside influence by foreigners coming in as tourists or investors. The interaction between the diverse cultures can result to infringement and oppression of individual rights intentionally or otherwise. Individual privileges are not subjective to public opinion. Therefore, they are not dependent on majority opinion. Their goal is to protect others and self with the conviction that all are equal. The right to life and quality living is rooted to the protection of ecosystems, protection of livelihoods and the promotion of life through positive developments (Mathieu, 2006). Consequently, all residents of Tagg should promote life by ensuring that all the plans and practices promote sustainable development. The oil miners should engage in social responsibilities of ensuring that the water bodies and land are not polluted. Moreover, the investors should eliminate absolute poverty from the residents by deploying part of their earnings to social development. References Hatts, L. (2005). The Thames path. Milnthorpe: Cicerone. Mathieu, B. (2006). The right to life: In European constitutional and international case-law. Strasbourg: Council of Europe Publ. Otfinoski, S. (2012). The U.S. Constitution, Bill of Rights, and a new nation. North Mankato, MN: Capstone Press. Peczenik, A. (2009). On law and reason. Dordrecht: Springer. Shweder, R. A. (2002). Engaging cultural differences: The multicultural challenge in liberal democracies. New York: Russell Sage Foundation. Sunstein, C. R. (2004). The second bill of rights: FDR's unfinished revolution and why we need it more than ever. New York: Basic Books. Read More