Presumed Rights

Presumed Rights are those which one may presume one has unless notified to the contrary. These include a lot of what many people (especially liberals) consider to be rights but are not really Inherent Rights. Some of the rights in the Bill of Rights fall into this category. A lot of these are customary and may be considered to be part of Common Law in the sense of commonly accepted customs. But they are in a sense part of a generally understood contract, and subject to overriding by explicit terms to the contrary. For example, a particular church might not hire employees not of its own religion, a particular restaurant may not be able to provide a non-smoking section, or a particular client may refuse to recognize a corporation's limited liability.

Only individuals or non-governmental organizations may refuse to recognize these presumed rights, and only if they are not receiving any government funds, and only if they provide conspicuous notice that they do not honor these rights. Since governments historically have been coercive and not entirely voluntarily financed, governments do not have the right to refuse to recognize these rights. The only exception is "virtual cantons", with the consent of their members, as long as members may leave at will. Thus, countering the above examples, a government agency may not discriminate in employment or in the provision of services, must provide a non-smoking area and be wheelchair accessible, and must recognize the limited liability of corporations it deals with.

The following are Presumed Rights as described above. There may also be other Presumed Rights not listed below.

The right not to be discriminated against on the basis of criteria not inherently relevant to the matter at hand, including race; color; ancestry; national origin; religious, political, or other philosophical beliefs or lack thereof; age; sex; sexual orientation; height; weight; handicap, disability, or lack thereof; or anything else. This applies mostly to employment, housing, and credit, but may also apply to most other areas as well. An employer that so discriminates must typically provide a sign to that effect at its employment office and in its employment ads.

The right to reasonable accommodation of disabilities. Organizations serving the public on premises must, if reasonably possible, be accessible to the handicapped and must provide adequate non-smoking areas. A restaurant with no non-smoking section must typically post a sign to that effect where customers can see it before getting in line to wait.

An organization that describes itself as a corporation, limited partnership, limited liability company, or similar entity customarily recognized as having limited liability, or a series thereof, and having the appropriate designator in its name (e.g. Corp., Inc., PC, LP, LLP, Ltd., LLC, LLS) or registered as such, automatically has the type of limited liability customary for such an organization. Treating this as a presumed right is much better than the practice in most countries and states which require incorporated companies to register with governmental authorities, and pay taxes and fees, in exchange for the government-granted "privilege" of doing business with limited liability. Also by treating this as a presumed rather than inherent right, anyone who doesn't want to recognize a company's limited liability merely has to inform them before doing business with them. Corporations and partnerships have been around for so long now that they should be considered to be recognized by Common Law, and many states already recognize common law corporations in effect. Delaware law seems to form the standard by which the corporate law of other states and countries is measured, so it makes a good starting point for reference in understanding the customary limited liability. This does not protect the responsible people running the company from personal liability for any NAP violations or other crimes committed by the company.  Deliberate fraud or other crimes, or an extreme level of gross negligence (such as reckless conduct obviously likely to cause damage) with callous disregard, are traditional reasons to "pierce the corporate veil" thus voiding the limited liability and holding the responsible people personally liable. A mere failure to perform according to agreements due to circumstances not entirely within the company's control, despite the company's reasonable efforts and competence to perform adequately, would not abrogate the limited liability shield.

An organization's NAP rights are presumed rather than inherent, as they are subject to its contracts.

(Can anybody think of any other good candidates for presumed rights? Add them here.)


[A. Rights of All Individuals in relation to All Other Individuals (Inherent Rights)
[B. The Bill of Rights (of All Individuals in relation to Government)
[C. Conditional (Presumed) Rights] 
[D. Other Common Provisions] 

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