Laws - Part I
January 9, 1994
Laws are a fundamental means of protection that developed from the earliest forms of community life. We need not have a written history to understand this concept. As man began to understand that he could communicate, hunt and make tools, surely a degree of ownership evolved. As it did the responsibility to protect ones own tools, food or life must have become a part of existence.
When disputes over ownership, food, etc. arouse, they were most surely decided by matriarchal or patriarchal means. To avoid constant disputes, out of necessity, rules (laws) must have emerged to protect these principles of ownership.
As man evolved into community life perhaps the matriarchal/patriarchal concepts held and the oldest or strongest member of a family would rule (dictate) to the others. Perhaps other families would join in, subjecting themselves to the decision of others in exchange for the security provided by the group for protection of the whole. This concept evolved into what ultimately would be called monarchy.
On the other hand, there is, all through history, evidence of the existence of committee or community decision making, mediation, etc. In some forms the church would oversee the administration of justice. These forms evolved into democracy and other socialized methods of government. In all cases, however, of democracy and monarchy, there was a cost in sustaining the "powers" that was elicited in the form of taxes.
As communities grew into nations and commerce developed as a result of surplus, relationships developed that would accord a fairness to matters of trade. These principles are embodied in the commercial codes that have helped to sustain friendly relationships between nations even over the efforts of a few who chose to plunder from others.
Attempts have been made throughout written history to establish a form of government whereby each individual would have his property protected by the communal efforts and where each individual participated in the administration of the laws. This concept was the embodiment of the United States of America.
Both Plymouth Colony and Jamestown were established upon socialist principles. Land was owned by the community and allotted to those capable of utilizing the land to benefit the whole. Crops were common to the community and were stored in, and disbursed from a common warehouse. Within a few years the energies of the colonists were depleted. The productivity reduced to a point where there was question of survival through the winter months. The leadership of these colonies determined that the motivation necessary to create the productivity that had been apparent at the beginning of these colonies would only return if each person was the beneficiary of his efforts. The concept of allodial title was born on this continent as a result of these realities.
After many years of living in a near feudal situation as colonists, the new Americans began yearning for a government that would provide the same motivation for self-reliance that had provided the means of survival and success in Jamestown and Plymouth. They had also learned from their neighbors, the Iroquois Nation, that separate nations could join in a confederacy which would provide for certain common elements and also allow the autonomy within the nations themselves. After casting off the yoke of oppression of English rule the Articles of Confederation and later, the Constitution, were modeled after the "Great Peace" (the constitution of the Iroquois Nation) which had bound the five nations for over four hundred years.
The concept was simple in terms of the relationship of the independent nations (colonies) and the "confederation" (the United States of America). Limited authority was granted to the federal government - only to the extent necessary for it to fulfill it"s duties for common defence, general welfare and commerce. Provisions within the states constitutions were established, or had already been established, that provided the same degree of limited authority to the respective state governments. The establishment and "enforcement" of law was left to the local community (i.e. county). In these matters the local people established laws to be applied in the same communal concept we have discussed, for the protection of property. Never was it the intent of the Founders to create a form of government that would evolve itself into ownership of your property.
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