Well, I said that because I assumed that you had a nuanced understanding of how the law works.
I'll be honest and say that I doubt this. I'm pretty sure you said that because either 1) it's what you believed or 2) you didn't think about it enough.
I'm not so sure of that anymore, so I'll give a more in-depth explanation.
How do we follow the law? Is the law simply words on a page? The answer to the second question is no. The law is living and breathing and is dependent on how judges and juries interpret the law.
I'm sorry, I thought you told me
You don't get to pick and choose which laws you obey and which laws you don't.
earlier. So I don't get to decide which laws are valid or not...unless I can randomly get on a jury?
Sometimes a series of legal decisions constitutes case law, which is written down in no book but has power as a precedent. Sometimes laws are overturned through these decisions. Sometimes laws become forgotten and nobody takes them seriously any longer, or they get superceded by more recent and relevant laws.
Right, and under the concept of law, all the laws that have been passed are
supposed to be followed and enforced (key word
supposed, it doesn't mean they will or can be) until they are repealed or overturned. Laws aren't just recommendations on how people should act in certain situations, they are orders backed by the threat of punishment.
So the body of law in a democracy can come from multiple sources: constitution, statutes (written law) and case law (unwritten laws). These laws can sometimes be in conflict, so it's never a simple matter of "following all of them".
But on the other hand, the laws try to reflect what is just and appropriate, so you should, in general, follow them.
Who gets to decide what is just and appropriate? The judges, juries and politicians? Does your opinion not matter until you are in a jury, are a judge or are elected?
The police don't really "enforce" the law per se, they protect and have the power to detain. I guess the true "enforcers" of the law are the judges and juries that interpret who should be punished and which laws stand.
The bolded part defeats the purpose of having politicians pass laws if those who have to follow the law also have the right to decide if they actually
do have to follow the law. It's odd and contradictory.
But the police do get to choose which laws they are going to enforce, and which not to enforce. With limited resources, the police have to decide what is the most just way of spending those resources - and in the process which laws to enforce to what degree.
Is this a matter of "We don't have the resources to investigate that crime as of now, so it will have to wait or be ignored" or "We shouldn't waste our limited resources on pursuing a suspect who broke a trivial law", or both? I'm assuming both.
Also, if the police got new funding and were capable of cracking down on more crimes, should they enforce the law equally or continue enforcing the same laws they deemed as necessary before being given more funds?
Attorneys of the state also pick and choose which cases they will pursue.
The attorney general for my state isn't elected, but the politicians who wrote the laws are. If you're saying that it's alright for the prosecutors in the end to decide which laws to uphold, that the elected politicians wrote, that seems pretty undemocratic to me.
So the police and other legal actors decide, to an extent, which laws to enforce and there's no mayhem or chaos about it.
Yeah, and the police aren't elected either.
I hope this gives you a better picture of how the law actually works.
Thanks but I had a fair understanding of how the judicial system worked, I was focusing more on the technicality of the concept of "law".
Obviously not, that's how you've got same-sex marriage in your country. There were laws banning same-sex marriage, people decided to get married anyways...
How dare they! (According to you):
You don't get to pick and choose which laws you obey and which laws you don't.
Moving on:
...the case got up to the Supreme Court who then decided that those laws banning same-sex marriage were unconstitutional. So in this case laws got overturned because of people who didn't follow it.
The law is something that evolves with its society.
Indeed. Society doesn't progress because of the law, it progresses
in spite of it.
Not a lot of people know this, but Hitler was appointed Kanzler (hehe that's me) by the President.
I wonder why. Maybe it has something to do with the fact that the Nazi party held the most seats in the Reichstag, and that Hitler placed second in the presidential election the year prior to his takeover after Hindenburg's death.
Also the German constitution apparently did not have the checks and balances to stop someone like Hitler (although I can't blame them because Germany was going through very tough times). Stalin's party was in power before he came to power, so it's a bad example.
Do you believe Hitler would have cared what the constitution said?
Citation and explanation please. I don't think you understand what property is. I wonder if BadSheep could pitch in on this subject.
My definition of property is something rightfully owned by someone after earning it himself or through trade, which gives that person the right to use his property however he wishes as long as it's not causing harm.
If you truly own yourself and are not the property of the politicians, are you free to disobey those laws which you don't agree with? If they order you to fight or fund a war you don't support, for example, are you allowed to say no? Will the government sympathize with you and let you withdraw some of your taxes that go to the war effort?
But how do you enforce those compromises? What if I take back a decision? Who's to stop me from breaking a contract?
But who enforces agreements that are made?
If I purchased something from you and took it without payment, should you be compensated? How would you get compensated?
It's not about
who enforces the agreements, it's about
what should be enforced. If I can prove someone stole from me, didn't fullfill his/her end of the bargain etc., I have the right to retrieve what is owed to me through whatever appropriate means, whether it is asking my bank to cancel my payments to the person, or hiring professionals to investigate my case and get my property back if they believe I am telling the truth based on the evidence I offered and so on.
Well, yes. The raison-d'etre of the state is legitimized compulsion. We point to a group of people and say that they're allowed to use force to provide order and hopefully there is mutual agreement about the scope and degree of that force being used.
And if there's not? Authority doesn't encourage agreement, nor does it need to if people believe in its legitimacy. There's no negotiating with authority; you obey authority or face the consequences.
They're not mutually exclusive.
They aren't automatically connected either.
I'm afraid you have no clue of what either word means- or rather, that you can't find a difference between either, which is a bit more worrisome.
Subject means a person who is bound to obey the rules with no rights of its own. A citizen, on the other hand, has rights, including the right to stand in for office and become one of the rulers, to vote in favour of dismissing the rulers, to vote in favour of changing the rules and to demand that the rulers be held to the same rules as everyone else. Ie: until the 60s, blacks were subjects in the US. Until the 20s, women were subjects in the UK (and in most other countries too).
These rights mean
absolutely nothing if the politicians in government can "legally" amend the laws that give citizens those rights in the first place, or if the politicians can suspend the laws and/or constitution that give the people their rights using a certain circumstance or excuse. The belief in law and authority
requires you to comply and accept the legislation and rulings made by the government, including such decisions that curb your rights. Do you want to believe that you have inherent, inalienable rights, or do you want to believe that your rights are based upon whatever the politicians decide your rights should be?
But you can't be a subject if you -yes, you- can stand for (insert political office here) and become the one who sets the rules. Yes, you. If you were a subject, don't worry, you wouldn't even have that chance.
Why the hell would I want to force people to live their lives the way
I feel they should? I can encourage and give suggestions to them, but I'm not going to enforce my will on them through violence.
You brought this up earlier in this thread, and I replied that I'm not interested in controlling other people's lives and issuing threats if they don't comply. For some reason you think I would and possibly even
should be.
If you think that everything that is not voluntarysm is the same evil blob of slavery, I guess it makes no difference to you. But, for everyone else who agrees to having a common set of rules, there IS an actual difference, and a very big one at that.
Earlier you stated we need government precisely because
we can't agree on a common set of rules. Am I missing something here?
Also, on the Hitler issue: he never won a majority in any elections, he was appointed Chancellor (as Kanzler pointed out) by the President, who had the power to appoint whoever for Chancellor regardless of election results or parliamentary support; and in the elections before he did a Coup d'Etat, he removed several Constitutional rights by decree due to the Reichstag Fire, banning several MPs (including all the Communists) and artificially lowering the level for a Constitutional change. And he even broke the clauses in the law that made him dictator several times.
With enough support and power, crazy power-hungry people don't give a crap what words on paper called "law" say they can or can't do.
Why did nobody stop him? Because he had a private gang of thugs (the SA, later the SS) terrorizing the population and overpowering the police. So, in the end, it was a case of a person declaring himself ruler because he was the stronger one and there wasn't a public police to defend all people equally. Sad.
It's not that simple at all. Hitler had popular support; he didn't need to be officially "voted in" for the public to resonate and agree with his message and plans. He wouldn't have declared himself Fuhrer out of nowhere if he didn't have the backing of a large part of the public, and he needed these very same supporters to join his army in the first place. People tend to rise up, protest and revolt whenever someone or some government they oppose try to impose their rules on them.
Incidentally, allow me to ask you a few further questions:
- How does voluntarysm fix the problem of "free riders"? I asked this in a PM but hey, it's good to have it public. How do you make sure everybody who walks on a street in a city pays their fair share to maintain the streets, the lighting and the litter removal?
If they don't pay for their own services, they don't receive them. If anything, it's government that allows freeloaders to benefit from welfare checks and other benefits/services that
others have to pay
more for.
You get a private company charging a fee to everyone who sets a step outside of their home?
No, just as you don't charge everyone who visits your store and doesn't buy anything for repairs you need to make on it.
You ask for voluntary donations? Then how do you stop people who didn't pay from enjoying the results anyway?
Roads don't deteriorate immediately after they are fixed, so it's not as if it will be a constant expense. Either way, instead of paying taxes for road maintenance, you pay what you need to to fix your own property, and that includes any piece of a road you may own.
- How does voluntarysm fix the problem of negative externalities? I mean, when someone owns a car and rides it, the pollution it causes reduces my lifespan and dooms the planet to a CO2-caused catastrophe.
What's your point? This happens now. Do you want to ban and confiscate all gas guzzling cars, regardless the reason people own them?
If someone smokes tobacco next to me, he's poisoning me directly. How can I protect myself and my family from being killed by other people's negative actions? How do you make them compensate me for it?
Again, this happens now. Are you going to sue every smoker you come across, or prevent them from having access to any cigarettes?
- How does voluntarysm fix the issue of, say, a massive banking corporation holding the savings of millions of families putting their money in misguided investments and crashing? You simply let them crash... and leave millions of people with no savings and your economy with a massive hole that will surely cause it to implode the day later?
Yeah, the government did a terrific job of preventing the 2008 crash. Without it (the government), these banks wouldn't have been protected and bailed out using taxpayer money that gave them the incentive to be reckless in the first place.
- How does voluntarysm print money?
People and printers.
How is the money-making process managed?
People will still have jobs, roles and tasks, and some will be given the task of printing a certain amount of money that accounts for inflation.