just and injust law?

Question

what are 2 laws that you seem just and 2 law you think are unjust and explain why?

Answer 1

I have a very simple system of analyzing the justice of laws. Three points that build on one another.

1 - Laws are the demands of government and government is force. If you disobey the government, you will face government force (this is true always...stop paying your taxes and men with guns will come to your house).

Therefore, the question is, what is the proper role of force in society?

2 - There are three types of force
a - Initial force (the initiation of force against another person is coercion)
b - Defensive force (defensive force is survival)
c - Retaliatory force (retaliatory force is justice)

3 - No one, including government, should initiate force. This means that laws that use or threaten to use force against a person who has not used force against another person is unjust.

EXAMPLES:

UNJUST:

1 - Welfare: this may seem odd, but think about it. Would it not be theft for me to see a homeless person, walk over to you and take your wallet, and then give it to the homeless person (and all the while proclaim my compassion, as leftists do)? Yes, that would be theft (an initiation of force against your property). If you couldn't justly do it, I don't see any reason why government - which supposedly derives its power FROM THE PEOPLE - can justly do it. Welfare is government theft...unjust.

This is *NOT* to say that people should not help the homeless. However, they should do this without initiating force against others. This is commone sense right? I should have pulled out my *own* wallet, not yours. In the same way, politicians - and the people who vote for them - should use their *own* resources to fix society's ills. They should not initiate force against others to carry out *their* goals.

2 - Eminent domain: the initiation of force to seize property is unjust, no matter the motives. Again, while the force involved in these actions may not be evident right away, it's always right under the surface. What would happen if you refused to give up your home to the government once it was seized through eminent domain?

3 - Smoking bans: an individual has the right to use his or her body in whatever way he or she sees fit - **so long as he does not harm another un-consenting person.** Smoking is not an initiation of force (unless it is forced on a person who does not want the smoke and is unable to leave the situation...this is not the case in restaurants, where it has become fashionable to outlaw smoking).

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JUST LAWS:


All human beings are born with basic rights. While politicians like to invent new "rights" all the time, which they fund by plundering other individuals and then act as if they somehow compassionately provided something (think prescription drugs)...

--> a right is something that you own inherently, cannot be taken away from you, and ***does not impose a cost on another person***

You have basic rights to your LIFE, LIBERTY and PROPERTY. It is an interesting fact that you cannot protect the other two if you lose one...you must have all three.

When I say a right cannot be taken away from you, this is not to say that you cannot lose it or that it cannot be infringed upon. No one but YOU can take away your *right* to life (you abdicate it when you kill another un-consenting, innocent person). However, you can, of course, be murdered. This doesn't mean you lost your right to life, but you did lose your life.

The proper role of government force in a free society is to protect these rights, not to trample on them, as our government does.

Just laws would include...

1 - laws against theft. When someone initiatiates force to take your property, a good government should step help by providing defensive and retaliatory force

2 - Laws against murder: when someone initiates force against your life, government should aid you in providing defensive and retaliatory force.


For more on the this philosophy, read the very short book entitled THE LAW by the French Philosopher Frederic Bastiat.

Read it free here --> http://www.fee.org/pdf/books/The_Law.pdf

Answer 2

Just:
The First Amendment (Freedom of speech, cannot establish a state religion, citizens can petition the government)
The Fourth Amendment (prohibits unlawful searches & seizures)

Unjust:
Censorship *FCC* (Unconstitutional: First Amendment)
Affirmative Action (Completely removes equality)

Answer 3

unjust... that the President has veto powers
unjust that the President can pardon

just... one man one vote
just... freedom of speech