Tuesday, April 3, 2012

Freedom and the Rule of Law

John Locke, in his Second Treatise on Govt, wrote that the end of the law is to "preserve and enlarge freedom."

Psalm 1 references love of law and how it leads to prosperity. 

These statements are true when it comes to eternal or natural law.  But they're hard to reconcile with virtually every law written in our country since our founding.  In fact, our post-constitutional laws squander and diminish freedom; they at least slow progress toward greater prosperity if not stifle it.

This is the epitome of trading freedom for perceived security.  This is what happens when we engage in the game of comparisons between people of differing levels or degrees of prosperity and then vote for representatives who pass laws to punish those whose lives we covet; or when an established business lobbies for the passage of laws that will inhibit smaller companies entrance into its market.

The existence of anti-freedom laws speaks to the perceived failures of capitalism: free markets, free trade and association and the sanctity of the ownership and control of private property.  I've said it several times.  Other systems, from socialism to communism and fascism to progressivism, mercantilism or any kind of mixed economy where people aren't free to trade whatever they want and can for whatever they want and can, promise equality of outcomes.  They've never achieved it.  But that fact is forgotten amid the faked reality, the dream of such equality.  I can give you analogies illustrating where you'll agree such doesn't work.  But if you want to believe there are circumstances where it will work, I can't help you.  I can't change your delusions.

Capitalism promises equal rights and opportunities for success.  But the rest is up to you.  Your results are up to you and your ability and individual drive and effort.  For most people, that's not enough.  They're childish in their desire for the impossible.  They're childish in their jealousy of others.  "That's not fair!"  they say.  And so they vote for someone to initiate force against 'life's winners.'  They believe the fallacy that they are lifted when someone else is lowered.  It makes them feel better.  "If I can't do it, no one should be able to do it."  They remind me of the proverbial bucket of crabs.  When one gets close to crawling out of the bucket, they pull him back down.

This is what's wrong in America today.  Our laws and our lawmakers reflect the above childish outlook.  Most of us share it.  So we'll continue as we have for over 150 years.  And we'll continue to wonder why the economy doesn't improve as we further and further enslave those whose efforts, ability drive would save the economy and improve all of our lives if only we'd free them by repealing laws that have nothing to do with preserving and enlarging freedom.  I hate it when someone gets more pizza than I do.  So let's outlaw pizza.

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