Does Law give way to a Right? Or does a Right give way to a Law? - Liberty.me

Does Law give way to a Right? Or does a Right give way to a Law?

Tags: hitler laws mao rights stalin

Michael Andbowinkle May 17, 2016 at 10:24 pm

I look to Our history in the US. I feel that the rights were inborn unto themselves. They are are organic.

I dont see it practical nor applicable that a Law creates a Right.

At the very least a Law could create a “Privilege.” But in a society of Libertarian tolerance, there would ideally be few of them. From this logic, one could say that life is a privilege, and we must act accordingly, this obviously conflicts with the slogan, “A right to life.” (Which reminds me, someone who is put to death, do they have the right to life or is life considered a privilege in a death penalty case?) No need to answer this, just thinking out loud.

This came from Conservatives ALWAYS ANNOYINGLY SAYING:

“We are a nation of laws,”

“The Rule of Law.” ect ect ect.

This country exists because of Laws.

“We have to follow the law because its the Law”

Is it possible that Mao Se Teng (sp?) Hitler or Stalin, justified it the same way?

You must be logged in to reply to this topic.

Fidelius Kazam May 26, 2016 at 12:58 am

Read Bastiat’s The Law, https://liberty.me/library/the-law/. He asserts that any group (a government body, for example) can only be delegated the rights and priviledges that any single individual within that group already has. So, for example, if I as an individual cannot steal from you or leavy a tax against you, a group therfore has no right to steal from you either. He asserts that Law is strictly a defensive instrument for the protection of liberty. He is very much against “legal plunder.”

You must be logged in to reply to this topic.
You must be logged in to reply to this topic.

Martin van Staden May 26, 2016 at 9:22 am

From one of the less well-known works on the topic:
“… the law is merely declaratory as to all natural rights. It does not create, but enforces them; the right depending not upon the law, but the law rather upon the right itself.” – Elisha Hurlbut, Essays on Human Rights and Their Political Guaranties, p. 9.

You must be logged in to reply to this topic.
- You must be logged in to reply to this topic.
  
  Michael Andbowinkle June 2, 2016 at 10:35 pm
  
  Is there any more on this author? What time period?
  
  You must be logged in to reply to this topic.
- - You must be logged in to reply to this topic.
Michael Bunch May 26, 2016 at 12:44 pm

I must echo the responders who brought up Bastiat. In fact, I cover this to a degree in this article:

Bastiat and the Force of Law

You must be logged in to reply to this topic.
You must be logged in to reply to this topic.

You must be logged in to reply to this topic.