The role of law essay

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The role of law essay

We have the right to defend ourselves and our property, because of the kind of animals that we are. True law derives from this right, not from the arbitrary power of the omnipotent state.

Natural law has objective, external existence. It follows from the ESS evolutionary stable strategy for the use of force that is natural for humans and similar animals. The ability to make moral judgments, the capacity to know good and evil, has immediate evolutionary benefits: It evolved in the same way, for the same straightforward and uncomplicated reasons, as our ability to throw rocks accurately.

Natural law is not some far away and long ago golden age myth imagined by Locke three hundred years ago, but a real and potent force in today's world, which still today forcibly constrains the lawless arrogance of government officials, as it did in Dade county very recently.

The opponents of natural rights often complain that the advocates of natural rights are not logically consistent, because we continually shift between inequivalent definitions of natural law.

Indeed, the definitions we use are not logically equivalent, but because of the nature of man and the nature of the world, they are substantially equivalent in practice.

These complaints by the opponents of natural rights are trivial The role of law essay splitting, and pointless legalistic logic chopping. It is easy to imagine in principle a world where these definitions were not equivalent. If humans were intelligent bees, rather than intelligent apes, these definitions would not be equivalent, and the concept of natural law would be trivial or meaningless, but we are what we are and the world is what it is, and these definitions, the definitions of natural law, are equivalent, not by some proof of pure reason, but by history, experience, economics, and observation.

In this paper I have used several different definitions of natural law, often without indicating which definition I was using, often without knowing or caring which definition I was using. Among the definitions that I use are: Natural law cannot be defined in the way that positive law is defined, and to attempt to do so plays into the hands of the enemies of freedom.

Natural law is best defined by pointing at particular examples, as a biologist defines a species by pointing at a particular animal, a type specimen preserved in formalin. This definition is the most widely used, and is probably the most useful definition for lawyers The historical state of nature definition: Natural law is that law which corresponds to a spontaneous order in the absence of a state and which is enforced, in the absence of better methodsby individual unorganized violence, in particular the law that historically existed in so far as any law existed during the dark ages among the mingled barbarians that overran the Roman Empire.

Natural law is that law, which it is proper to uphold by unorganized individual violence, whether a state is present or absent, and for which, in the absence of orderly society, it is proper to punish violators by unorganized individual violence.

Locke gives the example of Cain, in the absence of orderly society, and the example of a mugger, where the state exists, but is not present at the crime. Note Locke's important distinction between the state and society. For example trial by jury originated in places and times where there was no state power, or where the state was violently hostile to due process and the rule of law but was too weak and distant to entirely suppress it.

Natural law is, or follows from, an ESS for the use of force: Conduct which violates natural law is conduct such that, if a man were to use individual unorganized violence to prevent such conduct, or, in the absence of orderly society, use individual unorganized violence to punish such conduct, then such violence would not indicate that the person using such violence, violence in accord with natural law is a danger to a reasonable man.

This definition is equivalent to the definition that comes from the game theory of iterated three or more player non zero sum games, applied to evolutionary theory. The idea of law, of actions being lawful or unlawful, has the emotional significance that it does have, because this ESS for the use of force is part of our nature.

Utilitarian and relativist philosophers demand that advocates of natural law produce a definition of natural law that is independent of the nature of man and the nature of the world. The socialists attempted to remold human nature.

Their failure is further evidence that the nature of man is universal and unchanging.

The role of law essay

Man is a rational animal, a social animal, a property owning animal, and a maker of things. He is social in the way that wolves and penguins are social, not social in the way that bees are social. The kind of society that is right for bees, a totalitarian society, is not right for people.

In the language of sociobiology, humans are social, but not eusocial. Natural law follows from the nature of men, from the kind of animal that we are.

We have the right to life, liberty and property, the right to defend ourselves against those who would rob, enslave, or kill us, because of the kind of animal that we are. Law derives from our right to defend ourselves and our property, not from the power of the state. If law was merely whatever the state decreed, then the concepts of the rule of law and of legitimacy could not have the meaning that they plainly do have, the idea of actions being lawful and unlawful would not have the emotional significance that it does have.

The Athenian assembly promptly proceeded to prove him right by issuing decrees that were clearly unlawful, and with the passage of time its decrees became more and more lawless. The Greeks could see that we could recognize actions as inherently lawful or unlawful, without the need of the state to tell us.

They had lived through some excellent examples of lawless states. But how is it that we know? They came out with an astonishingly modern answer, a line of reasoning that we would now call sociobiological.

Aristotle and others argued that each kind of animal has a mental nature that is appropriate to its physical nature. All animals know or can discover what they need to do in order to lead the life that they are physically fitted to live.

Thus humans are naturally capable of knowing how to live together and do business with each other without killing each other.Say's Law and Supply Side Economics.

It should be known that at the beginning of a dynasty, taxation yields a large revenue from small assessments. Try Our Friends At: The Essay Store. Free English School Essays. We have lots of essays in our essay database, so please check back here frequently to see the newest additions.

Choose the Right Synonym for attempt. Verb. attempt, try, endeavor, essay, strive mean to make an effort to accomplish an end. attempt stresses the initiation or beginning of an effort.

The role of law essay

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John Locke (—) John Locke was among the most famous philosophers and political theorists of the 17 th century. He is often regarded as the founder of a school of thought known as British Empiricism, and he made foundational contributions to modern theories of limited, liberal government.

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