I watched an 8 hour class given by Libertarian Presidential Candidate, Michael Badnarik, and it was the clearest definition of rights and privileges and how the government was set up to handle these kinds of things.
It goes something like this….
All rights are derived from property rights. The first property you own, is yourself, when you are born. The only thing that limits your own rights, are someone else’s equal rights.
For example, destroying or defacing someone else’s property, whether it is their body or physical property, deserves some type of punishment.
This is where I believe there is a huge misunderstanding with the libertarian philosophy. Most people assume that because a libertarian wants to abolish beauracratic regulatory bodies, that there would be no laws to protect people and property. Instead, all regulations would be based on property rights. ie. If a company is polluting, they are violating one’s property rights.
Another important point in the video, is the explanation of the differences between rights and privileges. Rights come from our creator. Privileges come from government. Rights can not be taken away. Privileges can. Marriage is not a right. It is a privilege. It is just like a drivers license. You must ask permission of your government to get married, hence the reason gays can not get married. The “rights” granted by marriage are privileges granted to people by the government, all of which could be handled by private contracts between people.
And as for us being a democracy, we are not supposed to be a democracy. We are supposed to be a Constitutional Republic. The founding fathers felt that a democracy would lead to tyranny of the majority, which is what we have now. A constitutional republic mean that ALL laws are based on the constitution and that no laws may infringe on others rights.
Unfortunately, there is no such thing as property rights anymore. People can be searched without warrant, detained indefinitely, and never given a trial. We can’t even own land or property. By that, I mean true ownership. Let’s say you paid off your mortgage, you are still forced to pay property taxes and if you don’t someone comes and takes the house from you. In other words, in America, not a single person truly owns their home.