Monday, August 18, 2014

#5 in a series of essays on Liberty

Via Hans
http://i.imgur.com/mVwIr.jpg

Most analysis I read is an effort to illustrate what is wrong with our society and its government. I’m more interested in the ideas and actions necessary to reverse the degeneration and re-establish Rightful Liberty.

In prior essays, I argued a case for recovery of Rightful Liberty through a return to the common-law. In so doing, I explored the demise of Liberty as a consequence of the replacement of common-law by statute, ordinance and regulation.
  1. In Search of Mr Jefferson’s Liberty 
  1. More Musings of a Liberty Junkie 
  1. Anarchy is Why We Need a New World Order 
  1. How Will We Govern Ourselves After We Win?
If my argument was and is valid, one should be able to identify a point in time before which Rightful Liberty prevailed under common-law, and after which Liberty was infringed by transformation of law into its’ current form of legislative acts.

We must identify the features of the common-law that promoted individual liberty in an age before our liberty was substantively infringed. We must find indicators in common-law action that signify a change from a ‘concern for justice’ to a principle focus on torte.

The title of this essay is a clue to my findings: creation of legal arguments that promote a concept of ‘public duty’ above individual rights; establishment of ‘civic virtues’ as obligations men owe to society.

More @ NC Renegade

2 comments:

  1. Could it be the assault taking place on our (natural) rights to property is at the base of our dissatisfactions? Whether the conscious state realizes this 'taking', or a mere suspicion of loss looms in the subconscious, could it be no more than Americans waking to the fact that a theft of their liberties has occurred? It was Adams who insisted on the substitution of the phrase "pursuit of happiness", in lieu of Jefferson's choice of the word "property".

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