What is law? It seems like an easy question. But is it easy to answer?

In a practical sense, it is probably best defined as the result of legislation. But is that what law really is? Or should be?

In the past, law was “discovered” by men of wisdom and character as according to Murray Rothbard. Frederic Bastiat wrote in “The Law” in 1850 about the perversion of the law and what ultimately what the law is as applied to the individual.  Fritz Kern explains, “For us law needs only one attribute in order to give it validity; it must, directly or indirectly, be sanctioned by the State. But in the Middle Ages, different attributes altogether were essential; mediaeval law must be “old” law and must be “good” law….If law were not old and good law, it was not law at all, even though it were formally enacted by the State.”

Because fifty percent plus one decrees something, does that make it law? If you understand law as the aforementioned men did, the answer would be no. So then what is legislation then if it is not tyranny? If fifty percent plus one decided through legislation that everyone named Joe should be imprisoned, would that be a just law? The answer is obvious. By applying the same logic, if fifty percent plus one decided through legislation that you could be jailed for possessing a certain plant or driving a vehicle while your blood contains a substance exceeding some arbitrary level, the answer should be obvious. But most on both sides of the political spectrum clearly don’t see the obvious contradiction.

The law should be for recourse in the event of harm. You are entitled to defend your person, your property and your liberty. By force if necessary. You are not entitled to arbitrarily take another person’s life, liberty or property by force. But we have deputized members of our society to do exactly that. We call them “Law Enforcement”. So the busybodies that pass the legislation have an enforcement arm for their silly little dictates.

The law should be applied when there has been harm to an individual. If a person through their own negligence crashes their car into you and causes you harm, they are liable. You are entitled to recover your damages, to the full extent of the law. If that same person stops at the bar on the way home from work and downs 5 drinks and drives his car home without harming anyone, why should that person suffer violence at the hand of the deputized brigade of “law” enforcers because some group of legislators (fifty percent plus one) said so?

Using another vehicular analogy, if a person is driving his vehicle above an arbitrary speed limit, but harms no one, why is he deemed a criminal? How about if his windows are tinted too dark according to an arbitrary standard which varies from state to state or his tires have low tread on them. Or, God forbid, he is CAUGHT DRIVING WITHOUT HIS SEAT BELT!. All jail-able offenses.

Now you’re probably saying, “they don’t take you to jail for that stuff”. Try not paying the ticket and see what happens.

If a person is in possession of a plant that is capable if inducing euphoria upon consumption he is deemed a criminal. If that same person is in possession of a pharmaceutical substance that induces euphoria upon consumption without a permission slip from a doctor, he is deemed a criminal, but if he has a permission slip from a doctor, he is not deemed a criminal.

These are arbitrary rules, not laws by the classic definition. Rule-breakers are now treated as criminals. Break the rules and you go to jail. It doesn’t matter that you’ve harmed no one.

Considering the precedent I’m attempting to establish here, then should you be able to do what ever you want on your own property as long as you don’t harm anyone? Last week a person here in my state was jailed for not removing a buried slab of concrete next to his house that was below ground level. Because the city arbitrarily decreed he remove it and he refused, he was subject to the violence of the busybody crowd.

These are all simple examples of the rules we’re subject to at the hands of the “law” makers. If they all were to be listed they would fill volumes.

Whether they’re city council members, state legislators, or members of the US Congress, these people’s mission in life is to interfere with your liberty and figure out new and exciting ways to include you in their list of “criminals”. Think about that the next time you’re voting.

We’ve been conditioned to accept the idea that “democracy” is the best form of governance. It’s nothing more than the tyranny of the majority. If you believe the polls about the approval rating of the President and Congress, it’s really the tyranny of the minority. Now just think about the idea that it only takes 269 people to pass legislation that affects 320 million people. That’s the tyranny of the .000001%. Then take into consideration that really only 5 lawyers in black robes appointed for life make that ultimate determination for you.

Land of the free? Don’t make me laugh.