Private Law vs Public Law

Discussion in 'Politics' started by ihopehefails, Oct 26, 2009.

  1. ihopehefails
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    ihopehefails BANNED

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    Knowing the difference between public and private law is essential to understand the nature of freedom because each is a distinct creation from one another. One is the creation of our free interactions with others while the other does not require us to choose to agree to its laws.

    The existence of any laws that maintain societies cohesiveness exists within the fabric of society itself because the rules that govern all interactions with other members of society exist within in an unwritten agreement between its members. This agreement can take many forms such as a financial contract, pledge to friendship, marriage vows, and etc and as long as all conditions are met each side continues the relationship until the agreement is broken by one of the participants.

    This kind of law exists in the unwritten social contract itself and the participants are only restrained by the agreement itself. A pledge to be someone's best friend can be thought of as a law that forbids each side from seeking other best friends. This kind of "law" is not created or enforced by the state but by the voluntary decisions of two or more people and since it is away from the state it is called private law.

    In this atmosphere, the free choice of individuals is always maintained and human beings exist in their natural state free of anything that may cause them to act against their own choices. It is in this state, devoid of public law, that people find the most freedom over their own lives but since we create government authority to give us a sense of security we allow the creation of public law that that authority has the right to create.

    Public law, unlike natural law, is not created by the choice of its participants but simply exists as raw force over our lives. This makes public law a violation of your freedom because it is not based on the free choice of the individual.

    Since the creation and natures of both kinds of laws are so radically different it makes the existence of anything under their perspective domains different. All things that live under public law exist without freedom while all things that live under natural law exist within freedom and a society where there is no distinction between public law (state) and natural law (society) becomes a society where the natural free inclinations of its citizens now becomes subject to the controls of the government.
     
    Last edited: Oct 26, 2009
  2. jillian
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    jillian Princess Supporting Member

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    "natural law" only exists as a philosophical construct.

    what on earth are you babbling about?
     
  3. ihopehefails
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    ihopehefails BANNED

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    Are you telling me there are no laws that regulate the behavior of people within society outside government?
     
  4. jillian
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    jillian Princess Supporting Member

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    you think there are?
     
  5. ihopehefails
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    ihopehefails BANNED

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    It pretty obvious if you think about it for a minute. How much of your own behavior is limited due to the fact of an agreement with others. You can't cheat on your spouse or risk destroying the marital contract. You can't talk back to your boss without getting fired. You can't opt out to no pay bills without having your electricity turned off. All of these things you do because you fear dissolving the contract.
     
  6. goldcatt
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    goldcatt Catch me if you can! Supporting Member

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    Are you brain dead?
     
  7. jillian
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    jillian Princess Supporting Member

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    and that purported agreement breaks down the second the government doesn't enforce it.

    just ask the people who lived in nazi germany.

    the only place "natural law" exists is in political theory class.

    everything else is morals...and there are far too many immoral types for your opinion to be correct. for that, you can ask bernie madoff's victims.
     
  8. jillian
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    jillian Princess Supporting Member

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    of course she is her nic gave it away.
     
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  9. Steerpike
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    Steerpike VIP Member

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    I don't know. If you're religious you might subscribe to the idea of independent natural law in the universe. In that case, it would exist regardless of whether humans ever enforce it or not.
     
  10. goldcatt
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    goldcatt Catch me if you can! Supporting Member

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    :lol:
     

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