Natural law
“Every man has a natural right to the free exercise of his faculties provided he does not employ them to the injury of himself or others. This right to liberty implies as a corollary the right to property,” wrote François Quesnay, the founder of the Physiocrats. Our corrupted nature obviously requires some constraints, an institutional structure to promote the freedom of the individual to chase after his dreams and to protect him and his property from injury inflicted by others. But what determines the success of a particular regulatory system?
One day, the future Louis XVI complained to his father’s physician about how complex and demanding his life would become when he inherits the throne. Quesnay assured the young prince that he had nothing to worry about since a wise ruler has almost nothing to do. Louis must have been flabbergasted as he asked, “But then who would govern?” “The law,” came back the simple answer. By the time Louis grew up to become a king he must have forgotten the lesson and paid a high price.
The Russian czarina Catherine the Great received the same answer from one of Quesnay’s followers, Mercier de la Rivière. She kept pressing her guest with questions on how to create the best law only to get scolded by the French political economist: “To give or make laws, Madame, is a task which God has left to no one. . . . What is man, to think himself capable of dictating laws to beings whom he knows not?” “To what, then,” asked the indignant monarch, “do you reduce the science of government?” The reply: “To studying carefully, recognizing, and setting forth the laws which God has engraved so manifestly in the very organization of men, when he called them into existence. To wish to go any further would be a great misfortune and a most destructive undertaking.”
Economists recognize that the main benefit of decentralized organizational structures is the option of local experimentation. The United States federalist system is the most successful example of this advantage. Local and state governments have significant freedom to try various regulations and policies—rejecting or amending rules that do not deliver results, keeping or copying those that work best. Discovering the right laws, the natural rules to regulate and enhance our freedoms, is a messy process. The good news is that the mess is localized and relatively easy to clean up—unlike those instances when we allow the infringements of Washington in matters that should never be federal concerns such as healthcare, education, and charity.

















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back to top18 Comments to “Natural law”
“provided he does not employ them to the injury of himself or others”
That leaves a gapping swath of possible legislative nuisance. Aren’t we closing in on calling “injury” a failure to embrace lifestyles traditionally abhorred? There’s a student in Augusta Georgia who was denied a master’s degree for a spoken belief.
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“Government’s view of the economy could be summed up in a few short phrases: If it moves, tax it. If it keeps moving, regulate it. And if it stops moving, subsidize it.” – Ronald Reagan
Unfortunately this view is by far the most prevalent; not only among the “Governing“, but the “Governed” also – as evidenced by the election of ‘08, AND the continuing blind allegiance to the suicidal fiscal policies of the past (at least) 75-100 years.
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Wagus: The quote is:
Is it not an injury to deny someone rights that others have?
And, assuming you are of the school that would make irreligious conduct illegal, is it not an injury to deprive somebody of freedom for conduct that does nobody injury?
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Surely you’re not really saying that something like homosexual conduct doesn’t injure society as a whole, like divorce and abortion, etc.
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#3 “Is it not an injury to deny someone rights that others have?”
What’s a right? My pursuit of life, liberty and happiness is absolute until I cause injury to myself or others. Does injury include hurting someone’s feelings by personally defining an action as unethical or immoral? Should laws prevent injury to society? How is injury determined? Is a strong correlation sufficient to justify legislation? Is there a strong enough correlation between fault-free divorce and the break-down of the family break-down to narrow the grounds for divorce? Should we censor or imprison pastors for preaching that homosexuality is sinful?
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Sorry Wagus, none of those dogs will hunt. In this society, marriage itself is a right, as are a variety of legal and economic consequences, including social security rights, income tax rights, inheritance rights, supervisory rights. There are also duties, which one has a right to assume and be held to account for.
None of those rights are available, for the most part, to homosexuals.
You can feel hurt and stand up and holler and scream about evil, sinful people and actions, that is your right and you shouldn’t be punished for it.
As for the breakdown of the family as you define it, you have a whole lot more ammunition in terms of facts and correlations than you have for banning homosexuals from access to that important right. Any legislature can, if enough people want them to, make divorce more difficult to obtain or possibly stiffen the penalties for at fault spouses. And they can find the objective correlations, I suspect.
But allowing gay marriage will have no effect whatsoever on those already existing marriages, except possibly in that small number of cases where one married partner is secretly homosexual and may be encouraged to dissolve an existing marriage.
Personally, I would attack the dissolution of marriage problem from the front end; by requiring counseling of some kind, be it religious or secular before one could get a license. And there are more than a few days when I feel that licensing child-bearing, at least for the first one, would be a very good idea.
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The “right” of marriage is not available of a lot of people, Arcadia for a lot of good reasons. Homosexuals don’t fit the bill just like you can’t marry your third cousin. And yes, homosexual marriage literally redefines the word and the concept. Two men and two women cannot do what one man and one woman can. They don’t bring the same things to the table. And why should children be exposed to that and taught that homosexuality is normal when it is not.
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I don’t understand why this is a point of contention. The Bible is 100% clear on God’s stance on homosexuality See Leviticus 18:22 and 20:13. Can’t be more direct than that. Further it’s physically obvious which is the intended fit for coupling, Man and Woman. Gay couples, men in particular can not produce babies and (real) Lesbians would require a donor and medical assistance to create life in their womb. This also indicates the true order and design of creation and it’s not homosexuality. They want marriage so badly, I find that ironic, since marriage is ordained by God. Then there’s those that don’t believe in God (don’t accept the lifestyle I believe in) yet expect, no…demand that I accept their beliefs in the gay lifestyle. Hmmm sounds like the same discrimination the gays accuse Christians of. Look, I pray that all people will accept God, however I’m not naive, most will not. Why? because without God we are simply too selfish to accept that their is someone greater than us in control of our petty little lives.
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P.S., if you use the evolutionist arguement that animals show homosexual tendencies, and since we evolved from animals, that makes it perfectly normal. Well first of all, I suppose you would have to believe in evolution to buy into that one. Secondly if that were the case, then I should feel homosexuality is OK as well and I do not! Lastly I would challenge any evolutionist to provide “VALID” proof (Not false representations of one example like “Lucy”) of examples (plural) of the many minute changes required by evolution to take place. There are none, nada, zero such examples in the fossil record.
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Is that true? That you can’t marry your third cousin? That’s not a very near relative. In fact, I believe that the closest common relative between third cousins would be great great grandparents. That’s four full generations back. In some parts of the world, it’s still common to marry first cousins, and even in England that was apparently not uncommon not so very long ago. At least not it we would take Austen and Dickens seriously.
Where is this law written, and who checks. No doubt people sometimes marry third cousins without even knowing it.
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How do educators, who advocate grade-school sex-ed, perform due-diligence to ensure that no psychological, emotional or physical harm occurs?
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Tokarev points out that Natural Law comes from God.
““To studying carefully, recognizing, and setting forth the laws which God has engraved so manifestly in the very organization of men, when he called them into existence. To wish to go any further would be a great misfortune and a most destructive undertaking.””
Since our society rejects God it has to reject Natural Law. Therefore our society will usually choose laws that are not as good as God’s choices. I think this is what is behind the great rift in American society between Liberals/Leftists/Socialists/Democrats and Conservatives/the Right/Capitalists/Republicans.
Our society will work much better under Natural Law.
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“None of those rights are available, for the most part, to homosexuals.”
Homosexuals have the exact same rights as heterosexuals do to marry under the same conditions. Only by ignoring the understanding and defintion of marriage that predates civilizaton into something other than the complementary union of the sexes it has always been can any disparate treatment be claimed. The issue is not one of rights, but the deceptive redefinition of one western civilization’s cornerstones, in order to destroy it.
“But allowing gay marriage will have no effect whatsoever on those already existing marriages,”
But so far, wherever the idea has gained traction and legal approval, a significant decline in traditional marriage ensues, with its concomitant harm to children. I am not concerned about the effect such a defining down of marriage will have on my own marriage. I do fear for its effect on future marriages and childcare and the damage it will do to our western civilization with the unprecedented human flourishing it has engendered.
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NJLawyer:
I will say that. Consensual homosexual relationships do not harm anyone in any way. Same-sex marriage does not harm opposite-sex marriage. There is far more harm to society as a whole from your homophobia than from same-sex relationships.
The argument from gender complementarity fails unless you also want to ban marriages where one or both people are infertile, or where the couple intends to remain childless. In fact marriage has many purposes other than procreation that same-sex couples have every right to benefit from.
Ken:
I seriously doubt this is true. What evidence do you have for it? And why do you think it would be? If a heterosexual man and a heterosexual woman want to get married, why would the legality of a same-sex couple marrying change their decision in any way?
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Conan,
I wish I could say I was surprised, but for a librarian you don’t do much reading outside the usual lib talking points like Huffpo do you? Here: http://www.heritage.org/Research/Reports/2004/09/The-Transatlantic-Divide-on-Marriagenbsp-Dutch-Data-and-the-US-Debate-on-Same-Sex-Unions
And before you try and exploit the Loving case about interracial marriage here’s this via the NY Court of Appeals – declaring gay marriage never was and is NOT even remotely close to the gay marriage issue.
“Our conclusion that there is a rational basis for limiting marriage to opposite-sex couples leads us to hold that that limitation is valid under the New York Due Process and Equal Protection clauses, and that any expansion of the traditional definition of marriage should come from the Legislature.
Plaintiffs argue that the Domestic Relations Law violates article I and 6 of the New York Constitution, which provides that “[n]o person shall be deprived of life, liberty or property without due process of law.” Their substantive due process challenge is predicated on the assertion that the New York Constitution precludes the State from defining marriage as a union between one man and one woman because the right to privacy derived therein grants each individual the unqualified right to select and marry the person of his or her choice. If the Due Process Clause encompasses this right, and if it is one of the bundle of rights deemed “fundamental” as plaintiffs contend, the Domestic Relations Law would be subjected to the most demanding form of constitutional review, with the State having the burden to prove that it is narrowly tailored to serve compelling state interests.
But it is an inescapable fact that New York due process cases and the relevant federal case law cited therein do not support plaintiffs’ argument. While many US Supreme Court decisions recognize marriage as a fundamental right protected under the Due Process Clause, all of these cases understood the marriage right as involving a union of one woman and one man.”
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SCC,
Read the article you linked to.
Logic fail, right at the start of paragraph 2:
In order to claim that same-sex marriage is a step leading to the breakdown of the family, a causal relationship is precisely what must be demonstrated. Mere correlation will not suffice, as any student of introductory statistics could tell you, and the author admits as much.
So are there any other candidate causes, or clues as to whether it is the fact of allowing same-sex marriage that is the cause or not?
Indeed, there are:
So it’s not the fact of the gender of the participants, but the fact that the legislation has a flaw – the ability to change statuses with ease – that makes dissolution of a marriage easier. And who avails themselves of this?
So it’s not because same-sex partners are allowed to marry, but rather because of the weak-tea of “registered partnerships” being available, and being chosen by us heterosexuals. The solution is really pretty obvious – remove this partnership option. Marriage, for hetero- or homo- sexual couples, is and ought to be a serious commitment, difficult to break. There oughtn’t be easier alternatives. And that fact has nothing to do with the genders of the participants.
The kindest thing I can say is that this article mistakes correlation for causation. I am inclined to a somewhat harsher judgement: that it is deliberatly conflating the gender issue with a general decline and easier methods of marriage dissolution, in order to push its predetermined conclusion that well, obviously allowing same-sex marriage must be the cause.
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Are men and women not different? Would anyone be able to legitimately argue that men and women are the same? How then, if men and women are not the same, would children with two moms or two dads not necessarily have some different influence than if they had one mom and one dad? I won’t go so far as to argue whether that influence is good or bad, I know where I stand, but truly, none can argue that the lives of those children would necessarily be influenced in outstanding ways. They will be different, they are different. Many believe this difference is bad, many believe this difference is irrelevant, but none ought to argue that there is no difference.
I am one who believes that marriage is a God given institution. My spouse and I laugh that the government has any say in our marriage whatsoever. Why does no one argue that the “rights” granted by the government upon heterosexual couples simply ought NOT to be? I would GLADLY give up all governmental “perks” of marriage – my marriage is a covenantal promise between my spouse and our God, and government ought to keep it’s tax-deduction, death-benefits, and so on out of it. Yes, it’s a drastic thought, but if heterosexual marriages were to uniformly reject all such governmental perks, opting that neither they nor homosexual couples ought to be granted such governmental marriage “rights”, would homosexual couples desire the title of marriage as much? Honestly, what then would marriage offer any two non-Christian couples (hetero or homo), if it was but a covenantal promise made with and before a Holy God?
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While I would certainly prefer life under natural law, it seems that in order for it to work, the government must be run by those who both know natural law and are committed to administering it. Since natural law (the idea of a law above men) requires God, I do not think it is possible to have a secular society operate under only natural law. To begin with, those in power would not know natural law, as they would not accept God as a legitimate premise. Beyond that, in order to interpret the natural law correctly, one must value virtue. If there is no God, the foundation upon which we base our morality becomes rather shaky. Natural law is an impossibility in a predominantly secular culture.
As Tokarev mentions, we are fallen creatures. Thus, if we do not accept the laws of God, we must accept the laws of men – anarchy is the only other alternative. Since society has largely embraced secularism, it can only follow that we are no longer capable of governing ourselves under the natural law, and have thus seen the expansion of government throughout the modern era. While this has unpleasant political and economic effects, natural law without God would be more of a carte blanche for those in power than a viable political philosophy.
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