JOEL SKOUSEN’S PHILOSOPHY OF LAW AND GOVERNMENT
http://www.joelskousen.com/Philosophy/philosophy.html
PHILSOPHY OF LAW AND GOVERNMENT. This webpage is a Table of Contents page which has links to the following six substantial articles. This webpage also says that Skousen is working on a book titled “FOUNDATIONS OF THE IDEAL STATE”, which will undoubtedly incorporate and expand upon this material.
http://www.joelskousen.com/Philosophy/principledapproachtolaw.html
IN DEFENSE OF A PRINCIPLED APPROACH TO LAW
http://www.joelskousen.com/Philosophy/principles.html
PRINCIPLES OF GOVERNMENT
http://www.joelskousen.com/Philosophy/conservation.htm
ESSENTIAL PRINCIPLES FOR THE CONSERVATION OF LIBERTY
http://www.joelskousen.com/Philosophy/compared.html
PRINCIPLES OF CONSERVING LIBERTY COMPARED TO PRESENT LAW
http://www.joelskousen.com/Philosophy/compact.html
CITIZEN COMPACT
http://www.joelskousen.com/Philosophy/constitution.html
NEW CONSTITUTION OF LIBERTY
These essays constitute a work of incandescent brilliance. No person who loves Liberty should consider himself knowledgeable about the details of constructing a government of Liberty if he is not familiar with this material, at least to some degree.
I am not aware of any other person who has done similar work. I have written a lot of similar ideas in my “LAWS OF POLITICS” (http://www.lawsofpolitics.com/) and my “LIBERTY FOR ALL MEN EVERYWHERE” (http://www.LIBFAME.com/). But I have not even approached the level of detail which Skousen gives on setting up government structures and legal rules and procedures.
Studying this material, with its very severe application of the principles of Liberty and limited government, helps one to realize how very far we have come from government actually and truly dedicated to Liberty.
BIBLICAL “RIGHTS”
Skousen says, “Even the concept of fundamental rights is missing from the Bible.”.
However, the Sixth Commandment – “Thou shalt not kill.” – is a clear declaration of the Right to Life. What would be the difference between enforcing the commandment “Thou shalt not kill.”, and enforcing the Right to Life?
Similarly, the Eighth Commandment – “Thou shalt not steal.” – is a clear declaration of the Right to Property. What would be the difference between enforcing the commandment “Thou shalt not steal.”, and enforcing the Right to Property?
The application of these two commandments in Christianity gave the Right to Life and the Right to Property to Western Civilization. This has a very great deal to do with the Liberty, prosperity, and power of Western Civilization. Now, with the decline of Christianity, the Liberty, prosperity, and power of Western Civilization are collapsing.
On the other hand, it is true that while the Bible has a lot to say about “righteousness” and “iniquity”, it does not present a definition of “Liberty” or of “Fundamental Rights”. The Bible is very thoroughly engaged in exhorting people to do “good” and not to do “evil”, to embrace “righteousness” and to avoid “iniquity”. It does not talk about the “right” of individuals to do “evil” when that evil action does not violate the rights of others.
On the contrary, others of the Ten Commandments deny rights that would be allowed by the simple rule of Liberty. “Thou shalt not covet” (#10) is a rule which applies to thoughts, emotions, and desires, not to outward actions. “Thou shalt have no other gods before me.” (#1) is a plain denial of religious freedom. And so forth.
DEFINITION OF “FUNDAMENTAL RIGHTS”
Skousen says, “Fundamental rights are those rights that all persons can claim simultaneously without forcing others to serve them.”
In my “LAWS OF POLITICS”, #22, I say, “The liberty of one person is limited only by the liberty of others. There is no right to murder, to steal, to conquer, or to enslave.”.
THE PROPER PURPOSE OF GOVERNMENT
Skousen says, “The proper purpose of law and government is to protect fundamental rights, maintain man’s agency to choose (when not violating others’ rights) and to resolve conflicts between individuals and groups in a fair and just manner.”
In my “LAWS OF POLITICS”, #48, I say “The proper purpose of government is to enforce the rights to Liberty, Life, Property, and Contract.”. #49. “There is no other proper purpose of government.”.
Skousen says, “The United States Constitution came the closest to establishing a limited government based upon individual rights, but failed to define those rights, leaving the courts and legislatures free to introduce new privileges and false rights that have given rise to our present benefit-corrupted citizenry, who prosper on government intervention and redistribution of wealth.”
“The purpose of the proposed Principles of Just Law and Government is to set the groundwork for a new and more formidable wall of protection for fundamental rights. It incorporates all the best principles of the US Constitution and declares additional principles as necessary to fill the gaps in law and philosophy which the original founders wrestled with but were not able to resolve under the exigencies of their own crisis period. These proposed principles provide the hope that we might once and for all resolve the core issues of law and government and provide a stable and comprehensive basis for unity--at least among those who view themselves as conservatives of liberty.”
PRINCIPLES ARE SENIOR TO THE CONSTITUTION
Skousen highlights very strongly, and very correctly, the conflict between majority rule and Liberty. He uses the phrase “Fundamental Rights” where I like the simple word “Liberty”. The important point is that Fundamental Rights – Liberty – should never be subject to majority rule.
If two wolves and a sheep vote about what’s for dinner, the result is likely to violate the rights of the sheep.
Liberty includes the Right to Property. Government by majority rule commonly results in people voting to take money from others by taxation and to give it to themselves. “Thou shalt not steal except by majority vote.”. People do not realize that redistributing wealth by government is a form of stealing. Skousen calls this “benefit corruption”. This is one of the greatest weaknesses and problems in government.
The people who do not produce gradually over time take more and more from the people who do produce. Commonly inflation enters into this, as the government tries to give everything to everybody by printing a lot of money. Eventually the economy collapses. This does not destroy the civilization. But then we get war and invasion. And that destroys the civilization.
A “constitution” is a senior form of law. It describes the form of government and it gives rules about making ordinary laws. A constitution is normally subject to amendment. But Liberty, the Fundamental Rights of Man, should not be subject to amendment. How can Liberty, the Fundamental Rights of Man, be made fixed and unchangeable in a system of law and government?
THE CITIZEN CONTRACT
Skousen’s solution is that each citizen must sign a “citizen compact” or “covenant”. “All citizens must sign and covenant to defend the following declaration and recognition of fundamental rights:”. Then he gives, in the “Citizen Compact”, a detailed listing of “Fundamental Rights”, and what he calls “Corollary Rights”. The Citizen Compact also gives various privileges and duties of citizens and of residents. The Citizen Compact is not subject to revision or amendment. Non-citizens are not allowed to own real estate or vehicles.
In my “LAWS OF POLITICS”, #128, I say citizens “should be further required to swear an oath to enforce liberty within their own nation and to vigorously promote liberty for all men everywhere.”.
FAMILY RIGHTS
Skousen’s list of Fundamental Rights is: Life, Liberty, Ownership (Property), and Self-Defense. But he also adds to this list, Family Rights. “Families possess total SOVEREIGNTY OVER FAMILY AFFAIRS that do not infringe upon other's rights and that do not constitute an imminent threat to the life of the children therein.”. This solves the problem of the government trying to take ownership of children.
This is a brilliant solution – simple, elegant, and effective.
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