Public Order vs. Individual Rights

Paper Summary:

This paper acknowledges that public order versus individual rights is not a new controversy and how, since time immemorial, governments and individual citizens have had to walk a thin tightrope between the two ideals. It looks at how this controversy was the catalyst that sparked the first ten amendments of the Constitution that we know as the Bill of Rights and how, in addition to these rights secured by America's forefathers, a number of organizations have arisen to ensure the protection of individual rights in an increasingly complex world. In order to add balance to this equation, this paper contends that the criminal justice system should focus on dealing with public order.

From the Paper:

"Private and autonomous liberty and collective authority are naturally diametrically opposed. As such, it's helpful to first have an understanding of what individual rights are. Individual rights is a multipurpose legal term that refers to what an individual is allowed to do and what can legally be done to them. It is the concept of individual rights that is the central theme in the 'due process model' of criminal justice. "The idea of individual rights is closely related to the idea of individual capital in some theories of political economy, in which the individual enhances his or her own creative capacities (as opposed to measurable productive capacities, which is usually called the theory of human capital), and must remain free to do so in any way she or he sees fit" ("Individual rights", 2004)."

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