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One way to picture a moral system (or the American political system) goes something like this: The system should define an area within which people are left to do as they wish. This area is protected by RIGHTS. Outside this area is another area in which other moral concerns (or non-moral concerns) such as overall CONSEQUENCES should be the key consideration.

Unfortunately, this picture tends to break down in practice. From the historical point of view it is entirely too static. For both philosophers and politicians, the line between private and public or between the area of rights and the area of utility is always contested and constantly changing.