Laws - Part IV
March 28, 1994
Law and Order
"Law and Order" is a term that we hear frequently. We have come to accept the phrase without really understanding what it means. Law, we know, is the imposition of a set of rules by which we must guide ourselves. This is done to accomplish an orderly society. But, is this the "order" that is being referred to when the term "law and order" is used? Or, are we being sidetracked from the order intended to an orderliness more consistent with a control of the masses?
Law, can best be defined as a rule of action. This rule of action is instituted to protect property. There can be no other purpose for it if the orderly society is to be of free men. If the purpose of law is, rather, to control the people and therefore control the society, then the order that is being established is more consistent with the regimentation of military, or of a factory, than what was anticipated when this nation was created.
To look at law in another manner we can look at the goal attempted to be achieved by imposition of law as a lack of injustice. Justice prevails if their is no injustice, and justice can only be considered to be a sense of fairness for all. Injustice, on the contrary, exists whenever the balance of effort for reward is upset. There can be no justice, for example, if laws, which are passed to assure justice, are used to create injustice. If laws are passed which would favor a class of people, then those outside of that class would be denied the justice intended to serve all. This, then, creates injustice. We can conclude, then, that law must also be a means of preventing injustice.
Understanding this we can clearly see that any law passed to serve any class of people with a particular status would create the injustice which is contrary to the purpose of law. Law, then, can be determined to be just only when it can be proven that it"s enactment would deny none the equality of the enjoyment of life.
Laws that are passed for the benefit of workers, for example, serve a class of people with a privilege that is contrary to the interest of others in the community. If guarantees of jobs are enforced by law, then the person providing the jobs in the first place is suddenly, upon enactment of a "law", denied justice and injustice becomes the result of the law.
It has been commonly understood, perhaps without knowing why, that the Common Law only acted when there was injury or damage sustained by the aggrieved party. This concept of law was embodied in the Constitution for the United States of America, and all of the state constitutions within the Union. The wisdom of that foundation is made clear when we understand the concept outlined above.
What has happened in the past few decades, however, is that government has failed to recognize that laws are instituted for this purpose and have begun to pass laws in an attempt to "order" the society to a preconceived model hypothesized by someone who has his own subjective evaluation, or goal, of what is best. Laws are passed requiring attendance in schools that are influenced to "teach" habits, concepts and goals that are not necessarily consistent with the concepts, moral, scientific and political, of the parents, and frequently the community itself. These laws are laws of control, which are a violation of the course of free will granted by God. Their only purpose is the achievement of a monarchical community hidden under a charade of "law and order." This concept has existed throughout the world through most of recorded history. It is a concept that we had evolved out of when the bonds to Great Britain were severed by the courage, and blood, of our Founding Fathers. We have not, however, managed to maintain the "Blessings of Liberty" with which we were endowed, for we have submitted to treachery of those who would again enslave us and deny us the freedoms that God gave each and every one of us at birth.
"If it be asked what is to restrain the [legislature] from making legal discrimination in favor of themselves and a particular class of the society? I answer: the genius of the whole system; the nature of just and constitutional laws; and, above all, the vigilant and manly spirit which actuates the people of America - a spirit which nourishes freedom, and in return is nourished by it.
"If this spirit ever be so far debased as to tolerate a law not obligatory on the legislature, as well as on the people, the people will be prepared to tolerate anything but liberty.
James Madison, Federalist Paper #57
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