I'll continue my defense by bringing out the old Libertarian chestnut known as "natural law." The debates about "natural versus man-made" laws supposedly thrive in institutions of higher learning across the country, but in the end of most of these farcical lessons, all reverence is directed toward man's law. Man's increasingly convoluted law. Man's law created by a supposedly enlightened profession of legislators, enforced by the noble officers of the law, and meted out by the noblest branch of justice. It really is a picture perfect fairy tale.
Man's law is most often ignoble in practice (just think for a second and you can name at least a dozen laws that make you either laugh or cry). Yet in theory, man's law takes on the nobility and mythical proportions of a Norman Rockwell painting. Or Jesus holding hands with Abraham Lincoln. Something like that. Something that it would be almost sacrilege to criticize outright.
Sure, you can criticize this law or that law, but the entire body of man-made law? You must be some sort of mad anarchist! Well, I am.
What is natural law? Wikipedia defines it so:
Here is the theory of natural law put into the simplest terms of which I can think.Natural law or the law of nature is a theory that posits the existence of a law whose content is set by nature and that therefore has validity everywhere. The phrase natural law opposed to the positive law (which is man-made) of a given community, society, or nation-state, and thus can function as a standard by which to criticize that law.
Every creature on this earth is born with a body of some sort. Human beings, known to possess the most evolved levels of consciousness, can be said to possess free will. By their very nature, human beings must have control over their own bodies and minds in order to exercise free will.
That an invidual owns his/her mind and body is the first law of existence and the first tenet of natural law.
Property is the ownership of matter. A right to property is inexorable from biological existence, as demonstrated by the ownership of body and mind.
How do positive (man-made) laws contradict this first fundamental reality?
- Drug laws prohibit what you may do with your bodily property
- Censorship laws prohibit to what use you may apply the property of your mind
- Wage laws restrict the rights you possess to sell your bodily labor for whatever price you desire
- Prostitution laws restrict your right to sell your body
- Compulsory public education kidnaps the bodies and minds of children without their consent, overlooking their natural rights
- Forced immunization laws put chemicals into your body against your will
- Laws against suicide abridge your right to dispose of your property as you see fit
- The State itself exists because of the power it exerts over the life of your body
- Conscription laws consider your body to be the property of the State first and foremost
- Income tax laws consider the labors of your body to be property of the State in proportion to your productivity
Does it seem like man-made law recognizes your right to your own body?
Next, it observed that the consciousness of man controls his mind, which in turn controls his body. The body brings man's will into existence by manipulating matter and creating something useful to man.
For example, berries grow on bushes in a state of nature. In order to eat these berries, a man must spend time identifying them and collecting them. A basketful of berries is quite different from berries in a state of nature, and can be easily identified as the property of the man who worked to collect them. A person who steals another man's basket of berries would understand that this action represents stealing, because it represents the literal theft of the fruits of labor.
That property rights are created by transforming nature into something useful and desirable by man is the second tenet of natural law.
In order for theft to occur, there must be a transformation of something from its state of nature. Taking a stick from the forest is amoral. Taking a hand-carved walking stick from someone's front porch is immoral.
How do positive (man-made) laws contradict this second fundamental tenet?
- Tax laws of any sort involve the theft of productive labor
- Eminent domain laws consider all property rights to exist at the discretion of the State, and give the State the "right" to repossess all property at its discretion
- Land being used productively but without a government permit is subject to fines and seizure
- Safety laws and regulations, such as seatbelt laws, dictate how your private property must be used... or else
- Licensing laws manipulate the free flow of private capital
- Banking laws, particularly those effecting lending, manipulate the free flow of private capital
- Increasingly draconian "War on Terror" laws allow enforcement officers to search and seize any private property without a warrant
I could go on and on, but I think you could build your own case against positive law at this point.
There is a bit more to natural law theory than what has been presented, but you already know enough at this point to philosophically piss all over any proponent of positive law. So why is positive law so widely accepted? Because the aristocrats have so much to gain by keeping you and the other serfs tied down. And the other serfs get uncomfortable when you point out the gun in the room.
So by all means, keep pointing to the damned gun.
