Reply to Roger Scruton’s conservative view on rights

“My favourite discrimination is that which the zebra-crossing creates for the pedestrian over the otherwise all-powerful (subject to regulation by speed limits, taxation etc etc: yes I know…). For me the car is the supreme exemplar of Toryism and selfishness; and for any pedestrian, moving along at 3/4 mph, to be able to step out in front of and momentarily control the car driver is a true freedom. In Scruton’s terms, I think, it would be an example of outrageous, and unjustifiable, discrimination.”

dbfamilylaw

Freedoms and claim-rights

Sir Roger Scruton’s essay on How do we decide which human rights should be protected in law is published as a blog at http://barristerblogger.com/2017/01/08/exclusive-guest-post-sir-roger-scruton-decide-human-rights-protected-law/ . I plan a longer reply in relation to human rights and family law generally. In the meantime the following is developed slightly from my comment on the host blog site.

Scruton is introduced as ‘the country’s leading conservative philosopher and thinker’. This may be an ambitious claim; but it is not the purpose of this note to deny it. It is fair to ask: why do we have to ‘decide rights to be protected’; but space prevents an answer to that, perhaps the real question. And, in any event, Scruton does not answer it. He merely tells us what he considers to be rights and – though these are part of the thinking behind European Convention 1950 – what are not, in…

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