Wednesday 30 January 2013

Regulation versus Law

In a free society men and women are free to be themselves, full grown adults who accept responsibility for their actions. Inevitably they adhere to the rule of law.
In ancient times the people of Israel adhered to the law handed down by God at Sinai. Unlike the neighbouring tribes who trembled in fear at the whims of  kings and idols, the Israelites had no king, bowed down to no idol, and trembled only when they disobeyed the law.
After the Glorious Revolution of 1688 England was governed by the rule of law. English law had many many faults, but people knew where they stood, and they were free to go about their business. It was a law based on common law and common sense, developed by centuries of case law. In theory at least, everyone was equal before the law. Everyone was entitled to be judged by their fellows, in the form of a jury, not an administrator appointed by the bureaucratic Authority.
Law and its application formed the basis of English liberty. Unlike most of Continental Europe, England was a free and dynamic society. Europe was the home of despotism, arbitrary power and the Roman Catholic hierarchy.
In a vertical society, where power and authority flow downwards from the sword of the chief robber baron, there is no need for law. All that is needed is regulation.
The king and his ministers hand down a regulation and it must be obeyed. The regulation may be absurd, but it must be obeyed.
There is no rule of law when we are governed by the hierarchy, we simply need to obey the regulations.
There is no need to act responsibly in a bureaucratic society - just follow the road signs!
Free people relate to each other according to general principles. They do not kill, steal, slander, disrespect their parents, disrespect their spouses, mock God or His Sabbath or take what is their neighbour’s.
In a bureaucratic society people relate to the Authority, not to each other. If they can get away with it they will. If they are obeying the regulations, if they are obeying orders, their slave consciences are free.
Whatever we do there is somebody above us to instruct us. Often there is somebody below for us to instruct. Obedience and disobedience, reward and punishment.
In a regulated society we enjoy the freedom of slaves - free from the law and the moral agency that makes us human, free to follow a path laid out before us, free from the need to relate to one another.
All we need to do is to obey orders.
We are free to be independent, but independent of whom?
Independent of each other, we are dependent on the state.

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