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Law

What is Law


"'What is a law?' said he to himself. 'It is a measure to which, when once it is decreed, be it good or bad, everybody is bound to conform.'"

   --  Frédéric Bastiat

Divine law - from god
Human law - announced
Natural law - order in the world discovered through reason.

Basis of Law


"It is not because men have made laws that personality, liberty, and property exist. On the contrary, it is because personality, liberty, and property exist beforehand, that men make laws."

   --  Frédéric Bastiat

Role of law


"It is not true that the mission of the law is to regulate our consciences, our ideas, our will, our education, our sentiments, our works, our exchanges, our gifts, and our enjoyments. Its mission is to prevent the rights of one from interfering with those of another, in any one of these things."

   --  Frédéric Bastiat

Scope of Law


"And as every individual has a right to have recourse to force only in cases of lawful defense, so collective force, which is only the union of individual forces, cannot be rationally used for any other end. The law, then, is solely the organization of individual rights, which existed before legitimate defense."

   --  Frédéric Bastiat



"But if the law were to be made upon the principle of fraternity, if it were to be proclaimed that from it proceed all benefits and all evils--that it is responsible for every individual grievance and for every social inequality--then you open the door to an endless succession of complaints, irritations, troubles, and revolutions."

   --  Frédéric Bastiat

Which laws to obey


an unjust law is no law at all


Quote 467

Good men must not obey the laws too well

   --  Ralph Waldo Emerson

Quote 323Must a citizen ever for a moment in the least degree resign his conscience to the legislator, if so why has every man a conscience then?
-- Henry David Thoreau


The law will never make men free, it is men who have got to make the law free

   --  Henry David Thoreau

Problems with law

  • They are not dynamic
  • They bind people who were not part of the decision

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  • Liberty requires one objective set of laws that apply equally to all.
  • Innocent people should be left alone and not spied on
  • No-one deserves special laws that lumber their problems onto others
  • Everyone has a right to due process in an open court

For something to become a law it has to be effected in practice.

Legislation types
Criminal law
Regulations law.


The Regulators are just as clueless as anyone else

The rules government make stop private parties agreeing on their own terms tailored to their situation, thus imposing a high cost to society.

Law above conscience, which should take precedence? The law sometimes stops people acting according to their conscience.

Law for government

The Judge shows how the constitution is ignored

  • The are so many laws , joe public cannot know what they are.
  • Not having a constitution  is like having an ungoverned government.

Links

Courts - add section on this website http://blogs.telegraph.co.uk/news/danielhannan/100263531/heres-why-the-courts-tend-to-lean-left/