You are arguing someones personal habit, vice, need, desire whatever, as though they are rights.
In the preamble of the Declaration of Independence, the founders of this country stated their beliefs in some fundamental truths ... one of these was that individuals
"are endowed by their Creator with certain unalienable Rights, that among these are a right to Life, Liberty, and the Pursuit of Happiness .....
It is, to a great degree, the basic foundation upon which the creation of our country rests.
One would be well advised to note the use of the word
"inalienable" in the above sentence. Inalienable means that these rights cannot be separated or transferred from the individual - they are inherent.
Have we as a people fallen so far that we now believe that the activities that our rights and freedoms allow must be spelled out in excruciating details to the Nth degree ? It's almost like those that believe that passing a law is the solution for just about any ill that society suffers. A law is a symptom of a problem, but rarely the solution to it.
Got a clue for ya: More laws = less freedom.
The right to pursue happiness is my inalienable right. If I choose to do that by smoking then that is my right.
No-where is polluting air a right.
No - it isn't enumerated as a
specific right - but you obviously drive a vehicle don't you ? Participate in the burning fossil fuels to heat and light your home ?
So you pollute the air. So is your pollution more sacred, more holy than a smokers ? Why do you do these things if you have no right to ? Particularly since they could cause harm to your fellows ?
You certainly wouldn't argue that a settler in the 1800's had
no right to start a campfire - so that he wouldn't freeze to death would you ? Or that you don't have a right to heat your home and keep from freezing ?
In a true democracy, everyone has the same rights as decreed by the majority.
Sheesh ..... then I say good thing we don't live in a "true democracy" ...... mob rule ... just never was a big fan of it ....
If you happen to be in the minority in voting you will be afforded the same rights as the those who voted in the majority.
Me thinks someone has never heard of the
"tyranny of the majority" (somewhat surprising since you claim to be a fan of John Stuart Mill ...)
Try reading Federalist Papers, particularly No. 10. Look for the phrase "the violence of majority faction" - same thing.
Or "Democracy in America" by Alexis de Toquville (1835)
Or "On Liberty" by John Stuart Mill (1859):
"Over himself, over his own body and mind, the individual is sovereign"
According to Mill, there is only one legitimate reason for the exercise of power over individuals:
"That the only purpose for which power can be rightfully exercised over any member of a civilised community, against his will, is to prevent harm to others."
The problem with the law you support is that while couched and promoted in terms of "saving" some from "harm" (ostensibly from others), it actually outlaws and criminalizes an inherently non-criminal behavior (smoking), the right of individuals to freely associate (going to place where individuals of a like mind might gather, and do things which they desire to do) - and the right of a property owner to do with his property as he sees fit.
It is easy enough for the "victim" to take themselves out of harms way. I guess if they don't then they are simply choosing to be a "victim" .... apparently a popular fad these days.
Another problem with the concept you stated above is that you give the power to the majority to criminalize any behavior - simply because they say it is so. Well, so much for the concept of
inalienable rights .....
Woe to you who are of an unpopular belief, a different religion .... of bad vices and habits (at least according to some) .... as the Turtle says ... the nose-pickers and the butt scratchers .....
Apparently some of your neighbors believe you lack
fundamental inalienable rights and would have power over you, your vices and habits - keep a close eye on these folks - for they are not the ones that would fight for your rights, your freedoms - they would eliminate them in order to "help" you or "save" something. The real pity is that they would do away with or reduce one of the most priceless things that there is for man .... his freedom.
Grow up.
Ya cant always get what ya want.
You adapt, move on, get a dog, whatever.
Too bad you backed a loser.
The concepts are pure and clear.
better luck next time on the issues.
It is precisely the
attitude conveyed by the words above ("tough luck pal - get over it") why we should guard against the tranny of a majority - because it shows a lack of respect for the right of an individual to his own liberty, his own happiness, and to his own property.
Look I understand you are (apparently) passionate about not smoking - or even being around it. I don't have any problem with that - that's your right. It's one that I can fully understand.
Just don't try to enforce your desires and preferences on some business owner and try to tell him what to do with his property. If he wants to allow smoking - patronize another business that doesn't - you have that right - and the freedom to do so.
But you (and others) have taken away my same right -
one that you already had - the ability to patronize a business that caters to my preference (say, allows smoking) - and have now criminalized that behavior.
I dont get everything I want or fight for.
And for that we are, of course, thankful.
.....have them see my point of view as the legitimate point of view.
True freedom for all will only possible when one can conceive that other points of view might well be just as legitimate as one's own. And when one rises to the level of having some small degree of consideration for one's fellows.
Your viewpoint (of not choosing to smoke or wanting to be around it) is legitimate. Your viewpoint to take away mine and others freedoms however is not.
FWIW, in the interests of full disclosure, I am a smoker. However, I generally always ask for the non-smoking section in a restaurant if I am with others (and usually even if I am not) .... and I don't smoke under others' noses - or in other peoples cars or homes (unless they are smokers who also do so themselves) - or unless it is a non-smoking friend that I know doesn't give a rat's azz (there are still a few out there .... despite the ever-growing population of nico-nazi's)
It's just a matter of being considerate of others.