the principles of objective law & non-objective law
DESCRIPTION
Diagrams depict the principles of: 1) Proper government 2) Objective Law 3) Non-Objective LawTRANSCRIPT
Discover the Principles of a Proper Government
From Capitalism the Unknown Ideal by Ayn Rand
Capitalism and Egoism
What Principles are Manifested ?
Collectivism and AltruismVersus
Capitalism is a political system based on the recognition of individual rights, including property rights, in which all property is privately owned.
Is Man Free?
Collectivism is a political system based on government control of the economy, which holds that man’s life and work belong to the state and that the state may dispose of him for the sake of whatever it deems to be the “good”.
Yes No
Definition Definition
Egoism - the moral code that holds that it is right for man to live for his own sake, and not for the sake of society.
Altruism - the doctrine which demands that man live for others and put the interests of others above his rational self interest.
The Political Expression ofThe Political Expression of
The purpose of law and of government is the protection of individual rights.
The three broad categories of the proper functions of government address the issues of physical force and the protection of men’s rights: the police, to protect men from criminals, the armed services, to protect men from foreign invaders, the law courts, to settle disputes among men according to objective laws.
A complex legal system, based on objectively valid principles, must be implemented to make a society free and to keep it free.
The constitution is a limitation on the government, not on private individuals. It prescribes the conduct of the government, not of the people. It does not grant the government power, but protects the people from the government.
The government’s over-riding concern is the protection of the personal power of its leaders.
Any constitution that exists is subjective and unenforceable in the absence of the balance of powers found in separate branches of government.
The citizens must depend on the good will and motives of its tyrants, whether single dictators or majority rule.
Controlled economies cannot determine how to price goods and services, thus causing increasing shortages in goods and services available to the people.
The government is free to do anything that it wants to do, while the people must have permission to do anything.
Discover the Principles of the Objective Rule of Law
From Humanity’s Darkest Evil by Tara Smith
Page 1 of 3
The Objectivity of Law
EstablishesA Legal System of Objective Law
Serves
The Relevant FactsOf Reality
Determines
Determines
What is the Standard of Objective Law?
Principles of a Proper Government
The Proper Purpose of Government
The Protection of Individual Rights
of the Citizens
The Way Things Are (Reality)
Governs
Determines
The Purpose Of the Law
Philosophy ofObjectivism
See Diagram
See Diagram of the Five Branches of
Philosophy Guarantees
Objective LawDiscovered through logical inference from all of the relevant facts of reality.
Definition of RightsRights are the moral principle that defines and sanctions a man’s freedom of action in a social context.
Rights protect a man’s freedom to take all of the actions required by the nature of a rational being for the support, the furtherance, the fulfillment and the enjoyment of his own life.
My rights protect my freedom of action from the initiation of physical force by others – and that’s all.
See Diagram of the The Nature of Man: Source of
Moral Rights
Discover the Principles Governed by the
Nature of Objective Law
Page 2 of 3
Valid Form ImplementationAnd
Must be written in clear and plain terms.Must be made known to the public prior to its implementation.Must not be retroactive.Must be stable & remain in effect until changed through a predetermined procedure.Must not contradict itself or other laws.Must apply to all men, including the lawmakers, equally.The resolutions of disputes must be respected as final.
What is the Nature of Objective Law?
Valid Content And
Based on the protection of individual rights.Protects a man’s freedom from the initiation of force by the government or by other men.Does not advance any goal outside of protecting individual rights.Supports the government’s ability to serve its proper function – which excludes regulatory law and income redistribution.Required to protect individuals from the passions, prejudices and mistakes that people can make in governing.
The date that the law goes into effect must be set according to standard rules for notification.The exact nature of the crime addressed by the law must be clearly stated.The punishment for breaking the law must be clearly stated.Law enforcement personnel must know how they will detect the crime and what action they may take to enforce the law.Laws must be applied equally to like cases.Methods of resolving disputes must be clearly stated.
Liberated Human BeingsWho are free to plan and engage in the kinds of action that make it possible for them to survive and thrive.
From Humanity’s Darkest Evil by Tara Smith
The Nature of Non-Objective Law
Page 3 of 3
Consequences of Non-objective Form ImplementationOr
Written in ambiguous terms.Industries self restrict because they don’t know what the actual law requires.Punishes a man for exercising his legitimate rights. The law conflicts with other laws resulting in individuals being guilty no matter what.Individuals don’t know exactly what is required of them.Authorizes the unjustified use of force.Businesses refuse to spend or borrow in the face of unexpected regulations.
What is the Nature of Non-Objective Law?
Consequences of Non-objective Content Or
Violates individual rights by restricting actions that are within the rights of the citizens.Regulatory law violates the rights of businesses and consumers to act according to their own judgment.Pretends to offer protection to the individual while directing the use of force against him.Income redistribution violates the property rights of some individuals for the unearned benefit of others.Makes individuals vulnerable to the passions, prejudices and mistakes of well meaning lawmakers. Government is run as a favor trading auction.
Retroactive law punishes without notice (changing the rules for civil matters such as marriage).Lobbyists and administrators control case by case decisions about what the law requires.Law enforcement is vulnerable to the pressures brought by powerful men.Makes the exercise of objective virtues self-destructive.Standards of enforcement vary according to bureaucratic preferences.Legal questions are resolved according to who has the most pull at the moment.
A Nation of Law-BreakersWho have no freedom to use their reason to act on their own judgment in the pursuit of their own personal values.
From Humanity’s Darkest Evil by Tara Smith