4 ms·

I find it fascinating that the supreme court has upheld the ability to forgo so many purportedly inalienable rights via contract.

mullen 5y ago
Well, you did voluntary signed a Contract. As part of a commercial exchange, you agree to do and do not certain things for money. Inalienable Rights can't be signed away, so the argument that you are signing away Inalienable Rights really does not hold water.
- ClumsyPilot 5y ago
  I need person X to teatify so that I don't go to jail, and I never signed a contract. Also, did amazom workers voluntarily sign up to pee in bottles?
  - JaceLightning 5y ago
    Yes
- brazzledazzle 5y ago
  Correct me if I’m wrong but it seems to me that confining yourself to civil judgement via private arbitration removes your rights.
  - colejohnson66 5y ago
    It’s worth remembering that arbitration is actually a common enough practice outside of employment. Any divorce involving “mediation” is arbitration, and both parties agreed to it. The disconnect comes when the person “suggesting” arbitration (the employer) is in a position of power.
    - FireBeyond 5y ago
      If mediation is unsuccessful, neither party has lost or waived the right to a court appearance, so your analogy doesn't hold. Mediation in divorce is a cost-saving measure often required by the court.
      - colejohnson66 5y ago
        That's a very valid point. That's why I think employer (or TOS) mandated arbitration are ridiculous. I should have the option of disputing the arbitration result by default, but many clauses say that the arbitration result is binding and that you have no other recourse.
- bryanrasmussen 5y ago
  I agree but I believe the Supreme Court does not, which would imply to me that they do not believe any right that can be signed away is inalienable - although I also expect they would never say this outright.
specialist 5y ago
I've recently been disabused of the quaint notion that our Supreme Court's job is to make findings of law. https://www.fivefourpod.com https://www.fivefourpod.com

mullen 5y ago

Well, you did voluntary signed a Contract. As part of a commercial exchange, you agree to do and do not certain things for money. Inalienable Rights can't be signed away, so the argument that you are signing away Inalienable Rights really does not hold water.

ClumsyPilot 5y ago
I need person X to teatify so that I don't go to jail, and I never signed a contract. Also, did amazom workers voluntarily sign up to pee in bottles?
- JaceLightning 5y ago
  Yes
brazzledazzle 5y ago
Correct me if I’m wrong but it seems to me that confining yourself to civil judgement via private arbitration removes your rights.
- colejohnson66 5y ago
  It’s worth remembering that arbitration is actually a common enough practice outside of employment. Any divorce involving “mediation” is arbitration, and both parties agreed to it. The disconnect comes when the person “suggesting” arbitration (the employer) is in a position of power.
  - FireBeyond 5y ago
    If mediation is unsuccessful, neither party has lost or waived the right to a court appearance, so your analogy doesn't hold. Mediation in divorce is a cost-saving measure often required by the court.
    - colejohnson66 5y ago
      That's a very valid point. That's why I think employer (or TOS) mandated arbitration are ridiculous. I should have the option of disputing the arbitration result by default, but many clauses say that the arbitration result is binding and that you have no other recourse.
bryanrasmussen 5y ago
I agree but I believe the Supreme Court does not, which would imply to me that they do not believe any right that can be signed away is inalienable - although I also expect they would never say this outright.

specialist 5y ago

I've recently been disabused of the quaint notion that our Supreme Court's job is to make findings of law. https://www.fivefourpod.com https://www.fivefourpod.com