Wednesday, January 27, 2010

Common Law


Dear readers, I thought that to begin my blog, I would discuss worldview, and state mine. My worldview will very likely not be yours, and I don't expect you to see the logic in what I am saying, but I believe that there is plenty of logic to it, frankly because it is my worldview, and therefore I would be crazy to believe it if I didn't think it had any logic to it. The reason I start with my worldview is because so many writers try to be an unbiased observer, but this is an impossible feat. Therefore it is best to state your bias before you begin writing the "obvious truth". My bias is basically a libertarian, but I like to just say that I believe in Natural or common law. Richard Maybury calls this belief, Juris Naturalism in his book Are You Liberal, Conservative, or Confused, and that is the title I will use throughout my posts. Juris Naturalis is Latin for natural law. Natural law is the belief that law is a science that is to be discovered, not made. It has always been the same and always will be the same in the same way that physics or biology are always the same. You can see by this connection between these sciences and law that (just as in physics) we have not discovered everything about law. We were well on our way to making incredible discoveries about law, but sadly, today all of the things that we knew about law are completely forgotten. Thankfully there are still plenty of writings by some of the greatest scientists in this field that are well known today, but people simply fail to draw the same conclusions that these men had. The chief of these writings is known as the constitution. At the beginning of the discoveries natural law, it was decided that to form the law, governments would look at every major religion or philosophy and find things that all of them agreed on. The results were the beginning of common law, which our country is founded on. Common law is based on two basic laws: Do all you have agreed to do, and do not encroach on other persons or their property. From the first law, tort law was formed, and from the second, criminal law was formed. The governments based on this common law were easily the most prosperous in the world. When the founders broke away from England and became a separate country, they had a difficult decision to make. They didn't truly want to form a government, but they realized that if they didn't, then someone else would. Why wouldn't they want a government? Because government itself is a violation of common law. Government is given the special privilege of encroaching (common law #2). They realized that any man who is given power over an entire country will become a slave to this power. He will misuse it to get more. The founders came up with the only possible solution to this problem; they created a government, and then they crippled it, giving it as little power as possible. They clearly outlined how little power the government should have in all of their writings. They outlined it so well, that for the first hundred years or so, even the power-hungry polliticians didn't completely destroy the country, but the next 100 years was a completely different story. This country has spent trillions more than we have, and then encroached on their people's money to pay off their mistaken policies. Almost every decision the government has made over the past hundred years has increased the power of the government, and decreased the power of the people. Whether liberal, or conservative, the government has increased spending and decreased the people's rights. Now that you can clearly see my bias, I will begin explaining it in more detail, and comparing it to opposing viewpoints in my later posts.

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