This is a two part paper, its actually a discussion. Make sure there are in-text citations throughout the paper.
The first part is Positive” versus “Negative” Rights
For Discussion, Frederick Douglass’s commentary on the Declaration of Independence and the Fourth of July: “What to the Slave is the Fourth of July?”
Source: Douglass, F. (1852, Jul.). What to the Slave is the Fourth of July? Retrieved from http://teachingamericanhistory.org/library/index.asp?document=162
Discuss the distinction between positive and negative rights. What are the implications of both? Are they compatible or not? Explore these rights in the context of the U.S. Bill of Rights and FDR’s proposed “Second Bill of Rights.”
The second part is Lucky Spoon Hypothetical
For this Discussion, consider the following situation. Assume for the moment that there is no statute in your state governing this situation and you are confronting it for the very first time.
Max has appeared before your subcommittee of the State Legislature to consider a new piece of legislation. Max describes the events of the shooting of his father and his father’s immediate death. Max’s father was shot and killed by Louis at the Happy Jack Saloon located in a tiny rural town in the state.
Max is suing Leroy, who owns and operates the Lucky Spoon Café, a small restaurant located across the street from Happy Jack’s. This is an action for negligence.
Max alleges that on the date of the shooting of his father, a patron of Happy Jack’s came into the Lucky Spoon and yelled that a man had been threatened with a gun at Happy Jack’s. He asked that Leroy call the police or let him use the Lucky Spoon’s phone to call the police. Leroy refused, saying that it was not his problem; the shooting did not occur on his property, and he has no responsibility to do so. His only responsibility is to his patrons.
While the patron was in the Lucky Spoon demanding the use of the phone, the shooting took place, and Max’s father died instantly.
Would you vote to adopt legislation that required the owner of restaurants like the Lucky Spoon to either make such a call or allow such a call? Why or why not? What are the implications of this legislation?
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