Individual rights vs society PDF

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This is an essay on how we exercise our rights both individually and as a society....

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Individual and Society Rights Individual rights should be protected as much as possible, but should still be balanced against the rights of the society as a whole. One way in which the government must act is to resolve conflicts that come about in every society between the interests that individuals have in their own welfare, and the interest that the society has in its welfare(Group vs Individual interest, 2020). For example, an individual’s interest might be in smoking tobacco, but the interest of the society as a whole might be in preserving health and well being. To ensure that rights are balanced, the rights of individuals are limited mainly to what is required to protect the rights of other people not only as individuals, but as a society as well.(Needs of Society vs. Individual Rights, 2020). Individual rights are rights held by an individual, rather than a group. Societal rights are known as collective rights, which are rights held by a group rather than by its members.While a small number of the amendments discussed protect the rights of a society a majority of them are individual rights. The Right to Participate in Society Examples of societal rights include voting and standing for election, electoral missions, and freedom of association. These rights all fall under the concept of the right to participate in society. This concept is shaped by the likelihood of members of a society to participate in decision-making that protect their interests. It is expected that everyone should be able to participate in society in an effort to defend his/her interests , or to create a society that fulfills those interests. The freedom to vote and stand for elections is a significant political expression of this type of participation. Such rights establish a base for any representative or democratic process, and ensure that public events are honestly public.(The Right to Participate in Society | Icelandic Human Rights Centre, 2020). The right to participate in governments affairs is also

linked to other rights, such as the right to education and freedom of conscience and religion. Although the right to participate in society includes the right to vote and freedom of association, the concept is more broad. It necessitates the idea that people should be involved in decision-making processes, especially when it affects them. These rights are societal rights, rather than individual rights. First Amendment: Individual vs Societal Rights The first amendment guarantees freedom of speech, religion, press, assembly, and petition and therefore, protects individual and society rights. The first amendment was written when American citizens demanded assurance of their basic freedoms. The first amendment imposes an important aspect of our freedom as individuals. Without the first amendment, religious minorities would be oppressed, the government might start a national religion, protesters would be silenced, the press would not be able to condemn the government, and citizens would not be able to rally for social change.(7 things you need to know about the First Amendment | The Free Speech Center, 2020). Of all the rights that are protected by the first amendment, freedom of speech is considered an important right, especially in democratic countries. Supposedly, anyone should be able to say what they want without violation of the law. Although, there is an exception for countries who have powerful laws against hate speech. In democratic countries, it is also assumed that people are allowed to practice their desired religion freely without the involvement of the government. On the contrary, the government is in fact, able to interfere when religion results in someone getting hurt, children not being educated, or laws being broken.(First Amendment, 2020). Rights such as freedom of speech and religion are considered to be individual rights rather than collective rights. Because the rights of individuals and the rights of society must be balanced, the rights of the first amendment are limited. Aside from freedom of

religion and freedom of speech, the first amendment also protects the rights of a society unitedly. The Petition aspect of the first amendment states that citizens have the right to appeal to the government in favor of, or against policies that affect them. The right to petition is a right that is guaranteed to people collectively and therefore, is a societal right rather than an individual one. (The Right to Petition Government | Learning to Give, 2020). This still does not mean that the societal rights take away the rights of an individual. In the case of the first amendment, even if the rights of a society as a whole are protected, the rights of individuals remain protected as well.

Second Amendment and Collective vs Individual Rights The second amendment protects the right to bear arms. The amendment was originally created to give citizens (as a collective) the opportunity to fight back against a tyrannical federal government. Since the second amendment had been ratified, there has been a debate about the actual meaning of it. While some Americans believe that the second amendment protects collective rights, others believe that it protects individual rights. People who believe that the second amendment protects collective rights think that the amendment gives each state the right to maintain and train military units that can provide protection against a tyrannical federal government.(Contributor, 2020). They believe that “well regulated militia” means that the right to bear arms should only be provided to organized groups, such as state defense forces. This would mean that only individuals who are in the military are allowed legally carry guns, which takes away the rights of other individuals to do so. Third Amendment and Individual Rights The third amendment prohibits the government from quartering soldiers in private homes without the owner’s consent. By doing this, the amendment protects citizens’ rights to the

ownership and use of their own property without intrusion from the government. As a result of the third amendment, the government cannot force individuals to allow soldiers entry into their home. (Third Amendment, 2020). Contarily, there is an exception to the third amendment. The amendment prohibits the quartering of soldiers during peacetime, meaning when the nation is not at war. This does not extend to wartime as during the time of war, the interest of national security dominates the third amendment. This overthrows an individual’s right to private property.

Fourth Amendment’s Protection of Individual Rights. The fourth amendment protects citizens against unreasonable searches and seizures by the government. However, the fourth amendment is guaranteed only against searches and seizures deemed unreasonable by the law. In addition to this, a warrantless search might be lawful in some cases. Another exception of the fourth amendment is a school, or educational facility. According to a Supreme Court of the United States case in 1985, high school officials are not required to obtain a warrant to search a student who is under their authority. (What Does the Fourth Amendment Mean?, 2020). Students rights are not guaranteed the same protection as

the majority of U.S citizens and therefore, the fourth amendment does not fully protect the rights of all individuals. The Fifth Amendment’s Protection of Individual Rights The fifth amendment states that no person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand jury.(Fifth Amendment - U.S. Constitution - FindLaw, 2020). This amendment protects an individual against the harassment of continuous prosecutions of the same alleged act. The fifth amendment

also protects criminal defendants from having to testify if that testimony may result in self incrimination. The rights of individuals are well protected by the fifth amendment.

The Protection of Individual Rights vs Society Rights While the amendmendments protect the rights of a society as a whole, they also protect the rights of an individual. Although the amendments protect the rights of individuals, they do so to a certain extent. Because the rights of individuals and the rights of society must be balanced, the rights of individuals may not be fully protected if it conflicts with the interests of a society as a whole....