Absolute Rights. The rights, actions and remedies of Pledgee under this Agreement are absolute and unconditional, regardless of the constitution, improvement, replacement, release or failure to make any other guarantee or any release, amendment or waiver, or consent to any guarantee, with respect to the payment and performance of all or any of the Exit Debt Financing Secured Obligations; any individual or partial exercise of such rights, actions, remedies or powers shall not preclude any other present or future exercise thereof.
Absolute Rights. This Agreement shall be construed as absolute, continuing and unlimited with respect to the covenants, conditions and obligations contained herein, without regard to regularity, validity, enforceability or any change, modification or amendment of any liability or obligation of Secured Party. Further, Secured Party may exercise its rights with respect to the Collateral without any necessity on its part or on the part of the holder of any obligation secured hereby first to realize upon or enforce any of the security now or hereafter held for any such obligation, and Pledgor hereby waives (i) any right to require Secured Party to proceed against any person or to pursue any other remedy and (ii) all suretyship defenses or other defenses in the nature thereof.
Absolute Rights. Absolutism appears the moral equivalent of legal non-derogability. In seeking to identify those absolute human rights, we need only appeal to the aforementioned requirements of practical reasonableness. Understood generally, the good of practical reasonableness allows us to negotiate our pursuit of basic goods with that of others. But let us recall the specific requirements of practical reasonableness that were laid out previously36: that it be directed by the pursuit of some combination of basic goods; that it acknowledge that basic goods can be pursued and realized by any human being; that it respect every basic value in every action; and that it fosters the common good.37 The third requirement gives us an exceptionless imperative: that it is always unreasonable to choose directly against any basic value. This imperative is nothing other than a duty imposed by practical reasonableness. As discussed above, duties are logically consequent to rights. Specifying absolute rights therefore requires an examination of those exceptionless duties. So what duties are exceptionless? Individuals have an unequivocal duty to refrain from gratuitously impeding another’s flourishing. From this duty, others can be specified: to refrain from taking another’s (or one’s own) life as a direct means to 35 Xxxx Xxxxxxxx, Social Philosophy (Englewood NJ: Prentice Hall, January 1973), 87. 36 Chapter One: Practical Reasonableness and Natural Rights. 37 Finnis, Natural Law, 104-127. a further end, to refrain from baselessly imprisoning or enslaving another, to refrain from lying in those cases where factual communication is expected, and so on.38 We can understand the moral implications of non-derogable legal rights within the framework of absolute rights. The non-derogable right to life is an absolute, as there are no exceptions that make murder a reasonable action. While a consequentialist may object with a hyperbolic example – “would you kill one innocent person to save one million (presumably innocent) infants” – no utilitarian calculus can make reasonable the blatant deprivation of life. There is no “weighing” of goods here; saving the infants’ lives would not be the result of the murder, but rather the product of a totally distinct action, one of innumerable and unknowable consequences of the original, immoral-in-itself act. Similarly, the other non-derogable rights cannot be justifiably suspended. Torture cannot be justified by the potential for extracting truths, no matter ...
