What do individual rights need to be balanced against, and why?

Law · Middle School · Tue Nov 03 2020

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Individual rights need to be balanced against the rights of others, the needs of the society, and the common good. This is necessary because while individual rights are fundamental to a free and democratic society, these rights are not absolute. If everyone were to exercise their rights without any restrictions, it could potentially harm others and disrupt the social order.

For example, the right to freedom of speech is essential, but it is balanced against the need to prevent slander, libel, hate speech, and incitement to violence. This means that while people can express their opinions, they cannot do so in a way that harms others or encourages harm.

Similarly, the right to liberty must be balanced against issues of public safety. For instance, an individual's right to move freely can be restricted if they are infected with a contagious disease during an epidemic to prevent the spread of the disease.

Balancing individual rights with other considerations involves establishing laws and regulations that create boundaries for how those rights can be expressed, ensuring that the exercise of one person's rights does not infringe on the rights and well-being of others.

Extra: When discussing the balance between individual rights and other factors, it's important to understand the concept of a social contract. The social contract is a theory that people live together in society in accordance with an agreement that establishes moral and political rules of behavior. Some people believe that if we live according to a social contract, we can live morally by our own choice and not because a divine being requires it.

The idea of balancing individual rights against other considerations is inherent in the concept of the social contract. For a society to function well, its members collectively agree to give up some degree of personal freedom to secure the protection of their remaining rights and to benefit from a stable society. Governments and legal systems are established to help manage this balance, to enforce laws, and to safeguard the common good.

In a school setting, you might see this balance in rules that protect individual students' rights to learn in a disruption-free environment. These rules might limit certain individual freedoms, such as the freedom to say anything at any time, in order to create a safe and effective learning space for everyone.

Understanding this balance is crucial for students as they learn to engage as active and respectful members of society. It helps them to recognize the importance of their own rights and the rights of others, and it teaches them the responsibilities that come with being a member of a community.