December 8, 2010

Ian Welsh: Mindless obedience to bad law is what makes tyranny of any kind possible


What is Legal and What is Just Are Two Different Things  <Ian Welsh>
Just saying. A lot of people seem to have forgotten that.
While we’re at it, you either believe that human rights should be inalienable, or you don’t.  That doesn’t mean they can’t be taken away, it means that any time they are taken away it is automatically unjust.
Next: governments exist to serve the interests of their citizens.  Any government which exists for any other reason is illegitimate, and defacto tyrannical, no matter how many or how few kneecaps they are breaking.  The relationship is similiar to a fiduciary relationship, where the government has its powers only in order, and so long, as it is acting in the interests of of its citizens.
Next: governments and individuals are different types of entities.  The presumption is that an individual has the right to privacy unless there is reasonable cause to believe the individual has committed a crime.  The presumption for government is that its proceedings and actions should be transparent to its citizens because it exists to serve its citizens, and they can only know that it is doing so, and doing so in ways they would approve of, if they know what it is doing.

Governments which do act in the interests of their citizens and do so transparently and justly, respecting inalienable rights, are legitimate governments.  Because such governments are how humans organize to meet needs which cannot be met by individuals or smaller groups, citizens owe those governments their support, but only to the extent that they are just, transparent, respect inalienable rights and act in the interests of the whole body of the citizenry.  When they fail in this it is the duty of citizens to oppose those failures.

Mindless obedience to bad law is what makes tyranny of any kind possible.

Justice and law are not synonyms.

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