Friday 21 October 2011

An Introduction to the blog and its guiding principles


The Legal path to liberty blog is a blog intending to slowly but surely establish the legal (both domestic and EU law) path to a freer society according to libertarian/classical liberal principles. Firstly however, it is important to set forth what preciusely these principles are. (as adapted and amended from the platform of the United States Libertarian Party). The creation of this blog stems in large part to frustration and disillusionment with the debate surrounding what the law should and can be and debates surrounding public policy generally and to try and steer a new and more innovative course to a more free, prosperous and just society.

Personal Liberty:

Individuals should be free to make choices for themselves and to accept responsibility for the
consequences of the choices they make. No individual, group, or government should be able to initiate force against any other individual, group, or government. Support of an individual's right to make choices in life doesn't necessarily mean that I am expressing approval or disapproval of those choices.

Expression and Communication

This blog will seek promote legal reform to ensure that the law protects full freedom of expression and oppose government censorship, regulation or control of communications media and technology. It will support the freedom to engage in or abstain from any religious activities that do not violate the rights of others. I would oppose government actions which either aid or attack any religion.

Privacy

Individuals should secure in their homes and property and in their persons this includes a right to be protected from unreasonable searches and seizures. Protection from unreasonable search and seizure should include records held by third parties, such as email, medical, and library records. Only actions that infringe on the rights of others can properly be termed crimes. This blog will argue in favour the repeal of all laws creating “crimes” without victims, such as the use of drugs for medicinal or recreational purposes.

Personal relationships

Government does not have the authority to define, license or restrict personal relationships. Consenting adults should be free to choose their own sexual practices
and personal relationships.

Crime and Justice

Criminal laws should be limited to violation of the rights of others through force or fraud, or
deliberate actions that place others involuntarily at significant risk of harm. Individuals retain the right to voluntarily assume risk of harm to themselves. I support restitution of the victim to the fullest degree possible at the expense of the criminal or the negligent wrongdoer.

Self-Defence

The only legitimate use of force is in defence of individual rights — life, liberty, and justly acquired
property — against aggression. This right inheres in the individual, who may agree to be aided by any other individual or group. I am not yet at least fully committed to repealing all laws surrounding gun ownership although this is not to be ruled out.

Economic Liberty

A free and competitive market allocates resources in the most efficient manner. Each person has the right to offer goods and services to others on the free market. The only proper role of government in the economic realm is to protect property rights, adjudicate disputes, and provide a legal framework in which voluntary trade is protected. Most if not all efforts by government to redistribute wealth, or to control or manage trade, are improper in a free society.

This blog will try to articulate the legal path to the enactment of my desire to divest government of all functions that can be provided by non-governmental organizations or private individuals. I oppose government subsidies to business, labor, or any other special interest. Industries should be governed by free markets.

Property Rights and Contract

Property rights are entitled to the same protection as all other human rights. The owners of property have the full right to control, use, dispose of, or in any manner enjoy, their property without interference, until and unless the exercise of their control infringes the valid rights of others. I oppose all controls on wages, prices, rents, profits, production, and interest rates and would support the repeal or the elimination of them. This blog will argue in favour of the repeal of all laws banning or restricting the advertising of prices, products, or services.

I oppose all violations of the right to private property, liberty of contract, and freedom of trade. The right to trade includes the right not to trade — for any reasons whatsoever the protection of this right would require the repeal of all 'anti-discrimination' legislation which outlaws private property-holders being able to decide whether or not to decide whomover they choose. Where property, including land, has been taken from its rightful owners by the government or private action in violation of individual rights, I would favor restitution to the rightful owners.

Energy and Resources

This blog will support the repeal of any law which allows government control of energy pricing, allocation, and production. In addition, government should not be subsidizing any particular form of energy.

Goverment finance and spending

Governments should not incur debt, which burdens future generations without their consent. This blog would support (and this blog will propose a model bill) the legal enactment of a balanced budget requirement for governments. Only through the eventual divestment of all government functions which could and should be provided by non-governmental organisations the income tax could then be justified which runs contrary to the earlier statement regarding property rights.

Labour Markets

This blog would advocate for the repeal of all laws which impede the ability of any person to find employment. I oppose government-fostered forced retirement. I support the right of free persons to associate or not associate in labor unions, and an employer should have the right to recognize or refuse to recognize a union. I oppose government interference in bargaining, such as compulsory arbitration or imposing an obligation to bargain.

Education


This blog would support the passage of laws which would allow parents to have school vouchers in order to properly choose which school their children could. Furthermore, I would support the passage of laws which would allow schools be managed locally in order to achieve greater accountability and parental involvement. Recognising that the education of children is inextricably linked to moral values, I would return authority to parents to determine the education of their children, without interference from government. In particular, parents should have control of and responsibility for all funds expended for their children's education.







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