Within the United States legal system, the Bill of Rights and the Constitution bestow certain rights upon the people. State and federal legislation also bestows certain rights upon individuals and companies within the country or within the jurisdiction. When a person’s rights are violated, the individual may take legal action. The appropriate type of legal action varies depending upon the situation and upon who tried to deprive the plaintiff of his or her rights.
Although the U.S. legal system aims to provide a remedy in any case where your legal rights are violated, some rights receive stronger protection than others. For example, the right to life receives the strongest protection. The penalty for depriving someone of his right to life (murder) is the harshest in the criminal justice system and wrongful death cases can result in the largest penalties within the civil law system. There are many legal theories and philosophies about why some rights receives stronger protection than others. Understanding exactly why certain rights are most strongly protected can be complicated, but the most important thing for a person whose rights have been violated is to understand the remedies available to him. An experienced San Diego litigation lawyer can help you to understand your options and pursue a claim for justice if your rights are not respected.
Why Do Some Rights Receive Stronger Protection Than Others?
One of the prominent theories that explains why some rights receive stronger protection than others is the theory that those rights are inalienable. Inalienable rights are natural rights that every person has simply by virtue of being a human. These rights are also sometimes called human rights or natural rights. A person’s inalienable rights are not contingent upon the fact that the government gave those rights to him. The customs, beliefs and written laws of a particular community or government did not create those rights. The rights are always there, always present, and cannot be removed.
Governments may attempt to codify natural rights, as the United States did in the Bill of Rights. This creates a framework for a person who is deprived of those rights to take action within the legal system. However, even if the government does not specify that a person has those particular rights, they still exist and do not go away. Examples of natural rights may include things like the right to life, the right to liberty and the right to pursue happiness. Because these are such fundamental and important rights, they receive stronger protection than others.
Legal rights, on the other hand, are distinct and separate from natural rights. Legal rights are bestowed upon someone by a government, law or legal system. They are contingent upon the beliefs of a particular society and the laws set by a particular government and they are not universal. While legal rights enjoy protections within the legal system, the penalties for depriving someone of legal rights are not usually as stringent as the penalties for depriving someone of natural rights.
There are many other legal theories about why some rights receive stronger protection than others, but the bottom line is that the U.S. Constitution and justice system work hard to make sure no one is deprived of any rights. An experienced San Diego litigation lawyer can help you to make this legal system work effectively to protect you. Call today to speak with an attorney at Sepahi Law Group, APC to learn more about how an attorney can represent you.