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What is a violation of the right?

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User Scuro
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Final answer:

A violation of the right refers to the failure to uphold legally or socially established entitlements, which can lead to injustice and inequitable application. Not all violations of norms are crimes, and some legal breaches in history have been recognized as fighting for greater justice. Balancing individual rights with societal needs is an ongoing legal and ethical dilemma.

Step-by-step explanation:

A violation of the right occurs when an individual's legally or socially established entitlements are not respected or enforced, or when they're applied inequitably, leading to injustice. For example, harassment and physical violence against voters during elections violate the right to a free and fair election, undermining democracy and potentially resulting in corrupt leadership. Crimes, on the other hand, are behaviors that breach official laws and carry formal penalties, such as driving under the influence, which exceeds the prescribed blood alcohol percentage limits. Furthermore, throughout history, like in the case of civil rights movements, we've seen that violating certain laws can sometimes serve a greater moral purpose, questioning the very definition of 'crime' in the pursuit of social justice.

Social rights have also been historically violated, as seen with the Jim Crow laws that infringed upon the rights of African Americans. These actions were clearly contrary to the fundamental civil liberty of privacy, which holds that individuals have the right to be free from undue interference. The principle that everyone has the right to be let alone establishes a boundary against government intrusion.

To understand the limits of liberty and individual rights, one often reflects on the principle articulated by Justice Oliver Wendell Holmes: "Your right to throw a punch stops where my nose begins..." This aptly demonstrates the balance between personal freedoms and the impact on others, and underscores the complexity in defining and enforcing rights within a society. The expansion of the internet and other modern developments continue to challenge established norms and legal interpretations of rights and liberties.

Moreover, like the Miranda Warning demonstrates, it is imperative to protect the due process rights of individuals accused of crimes, ensuring they are not subject to coercion and injustice. The courts must constantly balance these rights with the needs of society to protect its members, a balance that is crucial in preserving both individual freedoms and public order.

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User Excalibaard
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