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It is not the case that Abstract, ahistorical, and universal rights are doubly mistaken as a basis for government.
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Reasons For
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Reason for
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1.
Government does not have the end of uncovering civil liberties.
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2.
The project of 'uncovering civil liberties' is particularly disruptive when pursued abstractly.
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Reasons Against
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Reason against 1 of 2
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1.
Rights claims require shared social practices and institutions to be intelligible, as MacIntyre argues in 'After Virtue': rights without community are fictions.
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2.
Universal rights declarations historically produce conflict when imposed on societies with incompatible moral traditions, as Burke observed in the French Revolution.
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3.
A government grounded in evolved constitutional tradition better secures liberty than one reconstructed from abstract first principles.
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Reason against 2 of 2
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1.
Hegel's Philosophy of Right demonstrates that genuine freedom is actualized only through historically developed ethical institutions, not pre-social abstractions.
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2.
Abstract rights divorced from historical context cannot adjudicate conflicts between competing rights claims without importing hidden substantive values.
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