Sunday, November 30, 2014

Autocratic Law Enforcement is not only about restriction but also about permission: Libertarians of the Natural Right side v.s. the Positivist/Utilitarian side

1. The Law Enforcement and the Culture Code

- The self-proclaimed liberals claim that anarchy permits the chaos and the reasonless massacres caused by unrestricted control of lethal weapons.

- As Montesquieu described, the law code is firmly influenced by the culture code of the region where the law is created.

- The government as the guardian of the Natural Right, an abstracted universal principle, may not only restrict but also permit what majority individuals and talented minority individuals disagree to do so.

- The universality of the Natural Right which many anti-Positivist Libertarians believe in needs to be questioned.


2. Both the Natural Law Libertarian, most notably Nozickians, and the modern self-proclaimed liberals are misguided

- The culture code and the individuals' will are more relative to time, place, and occasion than the Natural Right Libertarian, most notably Nozickian ones, assume.

- In an anarchism, people may decide to agree with each other restrict, rather than permit, them to hold lethal weapons freely in order to rationally decide and choose to derive their expected liberal consequence.



3. Not all human individuals are rational: Attack to Nozick style Libertarianism

- There is no such a thing like a naturally endowed universal right for all individuals: All rights are artificially created and the word "natural" is merely an antithesis of artificial.

- The right shall be given to those who are responsible and reliable to own.

- The law permitting all human-individuals to hold the equal right tends to hinder the others and the whole system.

- Thus, the consequence induced by providing all human-individuals with the universal liberal right is more likely to be illiberal.


4. Common Characteristics of Socialism and The Natural Right (Nozickian) Libertarianism

- Both reject the inequality, of both opportunity and outcome, and any regrettable situations such as inevitably occurring accidents and undesired and/or irrational choices which they have unintentionally or spontaneously chosen

- Both stick to their own abstract principle which they hypocritically claim it is the universal absolute principle.

- The government as the guardian of the Natural Right, an abstracted universal principle, may divert from what the market equilibrium