Thursday, July 11, 2013

The Abuse Of The Rule Of Law

A Quote From US President Ronald Reagan

Today (7/11/2013), the Reagan Foundation distributed following “Quote Of The Day, By Ronald Reagan” via e-mail (Emphasis added):
“Our very freedom is secure because we're a nation governed by laws, not by men.  We have the means to change the laws if they become unjust or onerous.  We cannot, as citizens, pick and choose the laws we will or will not obey.
RONALD REAGAN
9/3/1981 12:00:00 AM”

I am afraid, Ronald Reagan erred terribly here. It usually takes far too long or it will be unsatisfactory incomplete to wait for laws to be changed in a democracy like the USA.

The USA And The Rule Of Law

It is absolutely remarkable how the average American follows President Reagan’s conviction as cited above to the tee almost like a robot. The USA and few other countries (perhaps Switzerland, UK) are probably exemplary in this respect for the entire world to take a page from.

However, too many citizens of the USA lack the understanding of the difference between legal positivism and natural law thanks to widespread conformity driven public education.

The Personal Duty Of Civil Disobedience

The USA has also an impressive history of civil disobedience by individuals (e.g. Henry David Thoreau’s essay “Civil Disobedience” originally titled “Resistance To Civil Government” of 1848). Unfortunately, ever since Thoreau the concept of civil disobedience appears not to be much further developed in the USA or is it just my ignorance?

Laws are manmade. Humans are fallible. Elected lawmakers are too often attracted by and too much in love with power and control. They typically overreact. Over time laws expand, multiply, and become ever more invasive, oppressive, and intrusive. Individual liberty and responsibility requires every individual to question every law on the books.

Rule Of Universal Law

Similar to natural law, I am a proponent of universal laws like the Golden Rule or the Ten Commandments. These are in the end the ultimate laws that matter for any or all humans to live together in a civil society.

All the other laws created by humans are special laws based on special interests, paternalism, poor judgment, ignorance, and personal agendas. Most of these special laws deserve to be repealed anyway.

Limited, small government should be recognizable by and primarily founded on universal laws.

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