The Law: Foundations
In this post I discuss the foundation of Law
Laws are the implementation of political philosophy.
All law and rights theory starts with property rights law.
Laws are the implementation of political philosophy.
All law and rights theory starts with property rights law.
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A THEFT creates a DEBT to the victim.
The "law" evolved to determine JUSTICE.
I define JUSTICE in three words: A DEBT PAID.
Legal processes evolved to determine:
1. Is there a debt?
2. What is the debt?
3. Who is responsible for the debt?
4. How will the debt be "paid?"
5, How will the debt payment be enforced/collected?
The failure of the system to get a debt paid is INJUSTICE.
The Declaration of Independence complained to King George that the States themselves under their own charters had the right to police immigration and that Parliament and King George were trampling on that grant of power - among many. And Free Trade does not mean Free Travel anywhere in the world under no restrictions whatsoever.
The Barbary Wars weren't about free travel. They were about the piracy and forced enslavement of US merchant traders to Islamic pirates. It was about protection of private property and the lives of US citizens in international waters. When Tripoli refused Jefferson's entreaties, Jefferson sent in the Leathernecks and they sacked and occupied Tripoli in response, giving rise to one of the key elements of the Marine's fight song. I would also point out that there was a significant element of religious ideology at play here as well, as the Barbary pirates were Muslim and held that piracy was perfectly acceptable under Islamic law.
The War of 1812 was Britain seeing weakness in our political system due to States Rights controversies. A contributing factor most certainly was France's aid to us during the Revolutionary War, but in a twist of politics the US refused to back France in their war with England at that time - to Jefferson's dismay. It started out as a trade war conducted by British-backed privateers impressing American merchant ships' crews, impounding their ships, and stealing their cargo. Then it escalated into an attempt by Britain to conquer the United States one by one. Remember, they pillaged and burned Washington, D.C. But our primary trading party at the time wasn't France, but England itself!
WW I was a result of the European politics. We agreed to stay neutral and Germany treated us as such as long as we weren't supplying arms to either Britain or France. The Lusitania was sunk because it was a covert arms shipment. And many argue that it was designed to force the US to get involved in the War. We violated our agreement of neutrality and so Germany retaliated by sinking the arms shipment.
WW II was the result of the egregious demands for reparations from WW I by England and France on Germany. Again, we tried to stay neutral for a time, but were forced to join the war after the Japanese bombing of Pearly Harbor. But politically we sided with England and France in the imposition of the WW I reparations, so Germany viewed us as an enemy to begin with - and not without good reason. It didn't help that many of the nations of the world were ruled by dictators and tyrants.
But let's not stop there.
The Korean War was also a trade war. Oops. No, it was a war of ideology: western democracy and free market economics vs communism. Northern Korea invaded Southern Korea and the US went to the aid of their ally. What is also interesting to note is that much of this war was a proxy war of the United States vs Mao Zedong's Communist Chinese, who had taken control of China because the US failed to get involved in favor of the Chinese Nationalist Party led by Chiang Kai-Shek - a general and ally during WW II. Seeing China lost to Democracy and the spread of the USSR, the US acted to push back against the tide of Communism sweeping across the globe.
The Vietnam War was a trade war. Again, no. It started out again as an ideological proxy war between the pro-communist North Vietnamese or Viet Cong (backed again by China and Russia) and the US-backed South Vietnamese. This war ended in disaster because it was prosecuted by politicians instead of military personnel and because of protests led by pro-Communist groups in the US. It ended with the defeat and slaughter of the South Vietnamese after the US pulled out. Only recently did Vietnam regain its position as a free market under a democratic system nearly 40 years later. I would also point out that it was precisely because the politicians didn't want to violate the borders of neighboring Cambodia (where the VC would commonly retreat to) that the war stalled.
The Gulf War was a trade war. Maybe, but predominantly it was a US response to a call for aid from aggression. Iraq invaded Kuwait because it wanted the rich oil industry there. But the US already had access to oil from both nations. And the invasion of Iraq left their oil fields burning - hardly exploitable by the conquering American capitalists.
However, to my chagrin, I have come to believe that the majority of citizens of the USA have no idea as to what freedom is and therefore cannot teach it or implement it. So while I enjoy the discussion and debate, there can be no real implementation until people become knowledgeable in the ways of freedom/liberty.
but not deny access.
What you champion is not ownership in reality or philosophically sound (at least outside of socialism and/or communism)
If in my time on this earth own something (land) then while I'm here, while I invested my money on said land, and whether or not I put labor into the use of that land, the land is mine to do with as I wish. You, she, or anyone else has no standing to tell me what I can and can't do with my land while I own it and you sure has hell can't pass through without my permission, even for a fee.
If the government (state or federal) wants my land they buy it from me or condemn my property as blight and seize it (another matter to discuss). Why buy it from me if I don't own it? If they could simply pass through at will?
You may note in Rand quote I used her points were made for "citizens' (aka those who legitimately belong to that society) and not anyone who just happened to want to be there.
ps
Trans con railroad BOUGHT a lot of land to make those lines, it was legally purchased (sometimes through coercion).
Rand would never suggest that private property can be used to make prison. Imagine you position applied to the transcontinental railroad. No one can go north or south over the the railroad. How is that freedom?
In other words, public thoroughfares should not even exist.
Rand said a nation has a right to its territorial integrity for the exact reasons I've explained ad nauseam and yet you refute it?
Mentioning a restriction (putting up a sign) is force? Building on land I own is force?
Out of respect I won't draw the = sign to what this is, how you aligning yourself. And you can keep taking points if it cathartic, it doesn't change reality.
Saying 'Stop' is force?
"...has a right to its territorial integrity, its social system and its form of government." Legitimate or otherwise we have a nation and it has legitimately established territorial integrity (please remember that not everyone is an O).
And you say I'm peddling BS? I'm the one lacking basic logic? Or are you the one hell bent on trying to push a concept?
Declaration of Independence – Revolutionary War 1) Restricting immigration to the Colonies “He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their migrations hither, and raising the conditions of new Appropriations of Lands.” 2) Restricting Free Trade/Travel. “For cutting off our Trade with all parts of the world”
Barbary Wars This was about the right to travel/trade freely in the Mediterranean
War of 1812 The US wanted to trade/travel with many nations, particularly France, and the British stopped our ships for no reason – except they were at war.
WW 1 The US wanted to trade/travel with many nations, particularly England, and the German’s stopped our ships for no reason – except they were at war.
WW 2 The US wanted to trade/travel with many nations, particularly England, and the German’s stopped our ships for no reason – except they were at war.
The only proper purpose of a government is to protect man’s rights, which means: to protect him from physical violence. A proper government is only a policeman, acting as an agent of man’s self-defense, and, as such, may resort to force only against those who start the use of force. alt’s Speech,
For the New Intellectual, 183
A nation, like any other group, is only a number of individuals and can have no rights other than the rights of its individual citizens. A free nation—a nation that recognizes, respects and protects the individual rights of its citizens—has a right to its territorial integrity, its social system and its form of government. The government of such a nation is not the ruler, but the servant or agent of its citizens and has no rights other than the rights delegated to it by the citizens for a specific, delimited task (the task of protecting them from physical force, derived from their right of self-defense) . . . .
Such a nation has a right to its sovereignty (derived from the rights of its citizens) and a right to demand that its sovereignty be respected by all other nations.
Her words not mine. You are wrong.
A border is as legitimate as a fence around my property and the same restrictions apply. Why? Because my property is part of a town, city county and state which, by my consent, authorizes the federal government to legitimately create and defend the border from outsiders seeking entry - a legitimate role. The authority comes from the bottom up.
Force, I contend, is from the illegal immigrant since he/she is FORCING his way into a place where he/she is not invited. If that person requested and received permission to enter, and there is a process in place, then there would be no issue (no force). It is because of this illegal trespass that this is an issue at all, the reason why an act of force is needed.
Immigration is not the issue, its invading someplace that is the issue. A sovereign nation has the right to regulate its immigration.
My conclusion is valid because it is the only true way to actually have property rights and it is also reality.
1) A proper government cannot initiate force
2)Stopping someone on a public thoroughfare is initiating force
3) A proper government cannot stop someone on a public thoroughfare.
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