What is Law
Posted by JeanPaulZodeaux 12 years, 7 months ago to Government
"All laws must be objective (and objectively justifiable): men must know clearly, and in advance of taking an action, what the law forbids them to do (and why), what constitutes a crime and what penalty they will incur if they commit it."
~Ayn Rand; The Nature of Government~
While this is a clear and concise understanding of law, in several of her writings Rand makes the mistake of contrasting "objective law" with "non-objective law" and in doing so lends credence to the notion that any legislation that comes down the pike is law. However, in science we understand a law to be statements that describe, predict and often explain why a phenomena behaves as it does in nature. In this regard Rand has come fairly close in describing law and it is only her willingness to equate non-objective legislation, or decree as law that creates a problem.
"When men are caught in the trap of non-objective law, when their work, future and livelihood are at the mercy of a bureaucrat’s whim, when they have no way of knowing what unknown “influence” will crack down on them for which unspecified offense, fear becomes their basic motive, if they remain in the industry at all—and compromise, conformity, staleness, dullness, the dismal grayness of the middle-of-the-road are all that can be expected of them."
~Vast Quicksands - The Objectivist Newsleter July 1963, 25~
There is no such thing as "non-objective law" only non-objective understandings of law. The dictators flourish when the non-objective understandings of law become "common sense". When bogus legislation is treated as law, by enforcer and the enforced alike the dictator has achieved one of their ends. If we are to objectively know the law, as Rand points out, we must know what constitutes a crime. A crime requires a victim and a victim requires a right that has been disparaged or denied. The law then, is not a set of rules to create social control, the law is unalienable rights.
Continued...
~Ayn Rand; The Nature of Government~
While this is a clear and concise understanding of law, in several of her writings Rand makes the mistake of contrasting "objective law" with "non-objective law" and in doing so lends credence to the notion that any legislation that comes down the pike is law. However, in science we understand a law to be statements that describe, predict and often explain why a phenomena behaves as it does in nature. In this regard Rand has come fairly close in describing law and it is only her willingness to equate non-objective legislation, or decree as law that creates a problem.
"When men are caught in the trap of non-objective law, when their work, future and livelihood are at the mercy of a bureaucrat’s whim, when they have no way of knowing what unknown “influence” will crack down on them for which unspecified offense, fear becomes their basic motive, if they remain in the industry at all—and compromise, conformity, staleness, dullness, the dismal grayness of the middle-of-the-road are all that can be expected of them."
~Vast Quicksands - The Objectivist Newsleter July 1963, 25~
There is no such thing as "non-objective law" only non-objective understandings of law. The dictators flourish when the non-objective understandings of law become "common sense". When bogus legislation is treated as law, by enforcer and the enforced alike the dictator has achieved one of their ends. If we are to objectively know the law, as Rand points out, we must know what constitutes a crime. A crime requires a victim and a victim requires a right that has been disparaged or denied. The law then, is not a set of rules to create social control, the law is unalienable rights.
Continued...
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There is a reason for the Ninth Amendment and it is more than establishing that the enumerated rights are not the only rights retained by the people, it also implies in declining to enumerate these other rights that they are too numerous to list.
You asked for a dialogue and now you are annoyed because you got one.
It could be argued that he caused all of "society" harm by not producing. Are you willing to make that argument?
Let's ask Mubarak what he thinks of "governmental social control".
By this definition you've provided, John Galt is a criminal. Do you honestly believe Ayn Rand was selling criminality as heroism?
The United States imprison more people per capita than any other industrialized nation in the world. That's more than China and more than the Soviet Union at the height of their tyranny. As of 2008 it was reported that there were 2.3 million people residing in American prisons, and Congress and state legislatures keep adding and adding legislation to their books and it has apparently not occurred to many legislatures that they have the authority to repeal as well as legislate.
The more acts of legislation added to the books the more insane the nation becomes. So many bogus acts of legislation exist on a federal, state, and local level that its sum effect has been that more and more people have no regard for the law. This lack of regard is not because of the law, but rather due to equating legislation with law.
The short answer to your question: "How many law's does one need to govern a free society?"
The answer is as many laws that exist naturally. The gross expansion of legislative acts is often justified as a method with dealing with new technologies, but these technologies did not come about because someone invented new laws of physics and technology obeys the laws of physics and when a just government is established and kept that way, so too do the acts of legislation enacted and enforced by that just government.
"The system of rules that a particular country or community recognizes as regulating the actions of its members and may enforce by the imposition of penalties"
"How many law's does one need to govern a free society?
" Such a perversion of force would be, in both cases, contrary to our premise. Force has been given to us to defend our own individual rights. Who will dare to say that force has been given to us to destroy the equal rights of our brothers? Since no individual acting separately can lawfully use force to destroy the rights of others, does it not logically follow that the same principle also applies to the common force that is nothing more than the organized combination of the individual forces?
"If this is true, then nothing can be more evident than this: The law is the organization of the natural right of lawful defense. It is the substitution of a common force for individual forces. And this common force is to do only what the individual forces have a natural and lawful right to do: to protect persons, liberties, and properties; to maintain the right of each, and to cause justice to reign over us all."
~Frederic Bastiat - The Law~
Any legislative authority that prohibits the people government serves but allows government officials to act upon is not a lawful act, it is instead a whimsical and arbitrary declaration of authority that does not objectively exist. If people cannot steal it follows governments cannot either. If people cannot murder, it follows governments cannot either.