Showing posts with label Spooner. Show all posts
Showing posts with label Spooner. Show all posts

Wednesday, October 8, 2008

Natural Law: Begin with Capitalism

Learn to Identify Natural Law and Ethics:

Begin with Capitalism
Naturalist ethics could not have devised such a convoluted law as that "fathers' rights" law in one state that makes a man claim responsibility for a pregnancy before the pregnancy is known about, let alone confirmed--if he wants any rights. [see Natural Law continued ]

But before we understand why, we must understand why Capitalism is the foundation for a natural rights philosophy, given that capital does indeed exist. Capital did not always exist. Capitalism is a fairly recent development in the economic underpinnings of man's affairs.

Under primitive bartering civilizations, property used for barter must be given the same consideration as Capital in our world. In our world, Capital is the barterable chicken, the service of shoeing a horse, the dozen eggs, or the handmade implement that would be the subject of barter. Capital is property just like a cow.

Underlying all other rights is the right to property: first, to the property of one's own being; secondly to the values that may be produced by one's own being. The property of one's own being involves and includes individual sovereignty, where sovereignty is defined as "indigenous" http://folklife.si.edu/resources/center/cultural_policy/pdf/RobAlbrofellow.pdf ; "substantive ("inherent and inalienable") [Locke] http://patriotpost.us/histdocs/naturallaw.htm ; or as "that state in which an individual would find him/herself if he/she was the only individual in existence."

That "state" is as natural as it gets. But in such a state, as a matter of fact until only a few short hundreds of years ago, capital was not even a consideration. But once its existence became a fact, became known, and its holders knew its value as intangible assets, its ownership had to be accepted as indigenous and substantive, inherent, and inalienable as the ownership of one's own being. The reason for this is because capital is the creation of the being of individual humans.

Capital as wealth is created, in the same manner that art is created, as a meal is created, as a home is created--by the mind and hands of men.

Ownership of one's own being is designated as 'individual sovereignty," and "was not a peculiar conceit of Thomas Jefferson: It was the common assumption of the day..." Kelley L. Ross, Ph.D.; http://www.friesian.com/ellis.htm Today, people scoff at the notion, presuming what modern education teaches, lacking as it is in its original "liberal" roots: that only nations can have sovereignty. Even the sovereignty of each American State is being whittled away by national sovereignty. "Liberal" education in its original roots led Locke, Hobbes, Rousseau and others to consider and endorse at least the concept of "common sovereignty," derived from the "consent of the governed." It took the Americans to understand that what becomes "common" must have its roots in individualism first. No individual can contribute to what becomes "common" unless he or she first owns it in order to relinquish it up to the "common sovereignty."

Individual sovereignty is still is the common assumption today, among naturalists. Kelly Ross goes on to say, "If 'to secure these Rights, governments are instituted among men,' this can only mean that something, from which people must be protected, threatens the exercise of rights to 'Life, Liberty, and the Pursuit of Happiness.'" Governments instituted through the consent of the governed get their powers only from those powers the citizens are willing to give to it. They cannot give to it what they, themselves, do not posses.

"The relationships between federalist political structure and the sovereignty of the individual," writes James M. Buchanan, "must be carefully examined, particularly in terms of the implications for current discussions in Europe, Mexico, and the United States." http://www.cato.org/pubs/journal/cj15n2-3-8.html

"The explicit claim is that the individual is the sovereign unit in society; his natural state is freedom from and equality with all other individuals; this is the natural order of things." Joseph J. Ellis; "American Sphinx,The Character of Thomas Jefferson"

An extremely radical but acceptable view for millions, especially for Americans, runs in the Objectivist line of thinking, as with these quotes from "Objectivism and Thomas Jefferson; 6. The Non-Initiation of Force" : http://www.geocities.com/Athens/7842/otj60.htm


"As a corollary to an individualist society, it is necessary that a nation not have the right or power to compel actions [such as conscription], even for its own survival. Were that right allowed, a nation of people would be permitted collectively to identify duties and responsibilities that individuals owed to the common good and then could compel with force if necessary unwilling citizens. To permit that would be inconsistent with the form of individualism in which individual rights actually mean that no human authority can compel an individual to do anything other than to desist from initiating force against another individual. Therefore, the 'non-initiation of force' is a necessary part of the philosophy of individualism." [ibid]

"Individual sovereignty was not a peculiar conceit of Thomas Jefferson;" thus:

"The only social system that bars physical force from human relationships is laissez-faire capitalism. Capitalism is a system based on the recognition of individual rights, including property rights, in which the only function of the government is to protect individual rights, i.e., to protect men from those who initiate the use of physical force." --Ayn Rand

"Every man, and every body of men on earth, possesses the right of self-government..." Thomas Jefferson: Opinion on Residence Bill, 1790

"Well meaning people say that we are being tricked into giving up our National sovereignty [e.g., to a "new world order,"] to which I reply that I am a Sovereign Individual..." Dennis Lee Wilson; "The Libertarian Enterprise"

"As the U.S. becomes more unsustainable politically, environmentally, and economically, and as it moves closer to the almost complete destruction of unalienable individual rights, more and more people may come to realize that peaceful secession indeed is a viable option. There is nothing whatsoever unconstitutional, illegal, immoral, or unethical about peaceful secession. In fact, obviously it is a very American concept." Scott Haley; "Individual Sovereignty" http://individualsovereignty.blogspot.com/

"Johnny Liberty’s book 'The Individual Sovereignty Process' is for people who have a sincere desire to assert their legal and lawful sovereignty. 'The Individual Sovereignty Process' collectively explains a host of fact-supported legal theories and in addition to their conceptual application." Law Research Group; http://www.lawresearchgroup.com/cart/product.php?productid=31

"European proposals for reforms of international economic law often aim at 'constitutional reforms' (e.g. of worldwide governance institutions) rather than only 'administrative reforms,' as they are frequently favoured by non-European governments defending state sovereignty and popular sovereignty within a more power-oriented "international law among states." [italics added] Ernst-Ulrich Petersmann Social Science Research Networkhttp://papers.ssrn.com/sol3/papers.cfm?abstract_id=964147

"Natural law" is based on what are posited to be the characteristics of human nature qua human nature, i.e., what is empirically and/or psychologically right or wrong for the species' qua species' proper health and welfare. The taking of what is given to a man by his nature, taken by other men with disregard or with criminal intent toward that man or men, is neither empirically nor psychologically nor ethically nor politically the inherent right of those other men.

Instead, it is empirically, psychologically, ethically and politically the inherent right of individual men to keep what is naturally theirs at birth, and the only proper function of any government is the protection of what each is born with, including the right to produce capital.

Natural law, according to Lysander Spooner, "is the science of all human rights; of all a man's rights of person and property; of all his rights to life, liberty, and the pursuit of happiness..." Spooner knew that the context of the science lay in its relationship to the nature of the human species as individuals--no species has a "nature" apart from the individuals who make up that species. The nature of what is proper to men does not apply fully to the elephant or the whale or to canines. The context of natural law as moral philosophy denoted as "ethics" and "politics" can only be valid if and when it takes human nature into full consideration.

Capitalism is the natural state of man when enough capital exists to implement its use in building economic infrastructure which then creates profit, creating more capital. Until enough capital exists, there is no infrastructure, there is only the barter of subjectively-valued objects. A man with two extra chickens, for example, needs four gallons of milk, and the owners of the respective objects agree to a deal. But tomorrow the milk may cost three chickens. Yet a $ sign on a product does not change. The value of that $ fluctuates with the health of the economy, but if a product calls for $1 today, the $1 sign still means $1 tomorrow.

Spooner nailed the naturalist epistemic roots of individual human freedom, "[F]irst, that each man shall do, towards every other, all that justice requires him to do."

But this "first" was a condition which his concept of the "science of justice" would need in order for the science to be implemented. This first condition was in the fourth paragraph of a bare-bones, conceptually black-and-white treatise, the kind rarely found in today's world of double-speak and obfuscation and verbosity.

It was in the second paragraph that he nailed the requirements for justice itself, whether implemented or not: "It is the science [of justice] which alone can tell any man what he can, and cannot, do; what he can, and cannot, have; what he can, and cannot, say, without infringing the rights of any other person." [italics added]

The axiomatic principle by which one refrains from the infringement upon the rights of any other person is the "non-initiation of force." This is the only means by which "each man shall do, towards every other, all that justice requires him to do."

"The recognition of individual rights entails the banishment of physical force from human relationships: basically, rights can be violated only by means of force. In a capitalist society, no man or group may initiate the use of physical force against others. [ ] When I say “capitalism,” I mean a full, pure, uncontrolled, unregulated laissez-faire capitalism—with a separation of state and economics, in the same way and for the same reasons as the separation of state and church. [ ] The moral justification of capitalism does not lie in the altruist claim that it represents the best way to achieve “the common good.” It is true that capitalism does—if that catch-phrase has any meaning—but this is merely a secondary consequence. The moral justification of capitalism lies in the fact that it is the only system consonant with man’s rational nature, that it protects man’s survival qua man, and that its ruling principle is: justice." Ayn Rand; http://www.aynrandlexicon.com/lexicon/capitalism.html

The recent socialistic nationalism of the mortgage markets and the banks that control them; the federal funds needed for a mis-managed "war on terror,"--necessary but mis-named and thus mis-managed--and the budget necessary for FEMA, Social Security, medical welfare, food stamps, and other federally funded infringements of individual sovereignty, are the indicators of an un-natural state of affairs in the ethics and the laws of the Citizens of the United States of the nation called America.

"It is widely believed that politics and economics are separate and largely unconnected; that individual freedom is a political problem and material welfare an economic problem; and that any kind of political arrangements can be combined with any kind of economic arrangements," wrote Milton Friedman in his watershed book, "Capitalism and Freedom," still in print after more than forty years.

"Economic arrangements," Friedman continues, "play a dual role in the promotion of a free society. On the one hand, freedom in economic arrangements is itself a component of freedom broadly understood, so economic freedom is an end in itself. In the second place, economic freedom is also an indispensable means toward the achievement of political freedom."

Curtis Edward Clark

Note: I will be the featured speaker at the Center For Inquiry (CFI) meeting, October 16, 2008, in Portage, Michigan. The topic is "Atheism as a 'Religion' Protected by Courts According to the Establishment Clause" CEC

mailto:freeassemblage@gmail.com


http://freeassemblage.blogspot.com/

The Free Assemblage of Metaphysical Naturalists is the SM of the
The Free Assemblage of Metaphysical Naturalists LLC.
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Academy of Metaphysical Naturalism Blogger Extra TM are the educational arms of the LLC and are:

© 2008 by Curtis Edward Clark and Naturalist Academy Publishing ®




Sunday, October 5, 2008

Natural Law continued

Naturalist Ethics, Natural Law
by Curtis Edward Clark

The Academy's accepted general description of ethics is: "that study (also referred to as moral philosophy) or discipline which concerns itself with judgments of approval and disapproval, judgments as to the rightness or wrongness, goodness or badness, virtue or vice, desirability or wisdom of actions, dispositions, ends, objects, or states of affairs."

It is my favorite description because it covers--in general--everything ethics is concerned with. The "Dictionary of Philosophy," (Runes; Ed.) goes on, in much longer detail as to what all those sub-descriptions mean, and how different philosophers have dealt with it, etc.

Ethics is a "study" or a "discipline," as it says above, but before it ever came to be studied in any academy in Ancient Greece, it was an informal idea for tens of thousands of years, as primitive men tried to live side by side with rules that had value for the tribe or community. But as a branch of philosophy, it could not be formalized until philosophy itself was discovered and formalized.

"[M]etaethics [is] a removed, or bird's eye view of the entire project of ethics [,] as the study of the origin and meaning of ethical concepts...Two issues, though, are prominent: (1) metaphysical issues concerning whether morality exists independently of humans, and (2) psychological issues concerning the underlying mental basis of our moral judgments and conduct." "The Internet Enclyclopedia of Philosophy"; http://www.iep.utm.edu/e/ethics.htm

Formalized ethics is what we find in the fields of professions such as medicine and law:

"Most professions have highly detailed and enforceable codes for their respective memberships. In some cases these are spoken of as 'professional ethics.'

"Though law often embodies ethical principals, law and ethics are far from co-extensive. Many acts that would be widely condemned as unethical are not prohibited by law -- lying or betraying the confidence of a friend, for example. And the contrary is true as well. In much that the law does it is not simply codifying ethical norms." Cornell University Law School http://topics.law.cornell.edu/wex/ethics

And so, in ethics, naturalism forces us to use our own best judgment. We cannot always rely on the "conventional wisdom" of our family, friends, or community. Sometimes we must act contrary to the law. And sometimes our own judgment is going to be wrong; however, being wrong is part of being human and the object is to learn from it. We cannot not make mistakes, but ethically they must be mistakes of honest judgement or ignorance of data that would have caused our judgment to be more correct than it may have turned out to be. With all of the correct and necessary information, our mistakes would only be committed by poor judgment.

Poor judgement, at the least was showing in the actions of one of our state legislations. What the intent was is not known, but the effect shows either a lack of judgment, or a lack of data, or both.
It's like this: Did you see the episode of "Dr. Phil" where a particular state has a law pertaining to a father's rights, and even the 3 lawyers involved in the case didn't know about it, including the prosecutor? This law states that if the father in an unmarried relationship wants any legal rights to the fetus, or to the child after its birth, he must register his desire for said legal rights. This applies even if the pregnancy happened during a "one night stand" (or a drunken 10 minute "stand,") under which conditions the father has no idea the woman is pregnant or will become pregnant, any more than does the mother until her Doctor confirms it.

And so, in that state, it has become apparent by the legal case discussed on the Dr. Phil show, that every man in that state who is not married to the woman he has sex with, must register his legal intentions, probably the next business day, with the state, before the woman herself knows she is pregnant. Once she is pregnant, if the father has not registered his intentions, he has no rights.

All laws are not "codified ethics," as was stated above. Clearly in this case the ethics are far from representing natural, real-world situations. In fact, the ethics in this codification actually prevents the father from gaining any rights once he learns of the pregnancy--if he has not registered as the father before he even knows whether he is a father! This law does not fit the mold of "natural law."
And we have a long way to go in this discussion before we understand the real nature of "natural law." It has not been nailed down; it has only been identified ostensibly, and then not to anyone's satisfaction. How is the study, discipline, and codification of natural law different from those of ethics that are not-natural?

Naturalist ethics could not have devised such a convoluted law as that "father's rights" legislation that makes him claim responsibility for a pregnancy before the pregnancy is known--if he wants any rights.

"Natural law" is based on what are posited to be the characteristics of human nature qua human nature. The fundamentals are applicable to any tribe or any modern civilization that aspires to that standard. It is the details above and beyond the fundamentals that are ever-changeable and which are designed by a civilization specifically for that civilization.

As "the study of the origin and meaning of ethical concepts," we are necessarily brought to the subject of what is right, meaning "good." Is something good for its own sake (inherent); good by some subjective standard (perspective); or good by an objective standard? Aristotle formulated the idea that things are good which are good for the species involved, (species qua species,) so therefor they are not inherent and not subjective, but objective. What is poison to a human is, in some cases, very nutritious for certain flora and fauna, like rotting meat. It's a great fertilizer and some birds won't eat meat until it is good and rotting. So in that case, the "good" is good by an objective standard.


Which bring us back to "right and wrong." For the same reason as objective standards in "good," they exist in "right and wrong," but now it comes down to "context." If you shoot a good guy, the context is wrong because you shot the wrong guy and that is not is not good for the survival of the species, to be shooting the good guys. But if you shoot the bad guy, then shooting is not wrong, it is right. Every thing is objective, but sometimes the objective is contextual.

Lysander Spooner, nineteenth-century lawyer, abolitionist, entrepreneur, legal theorist and political radical, was elegant on the subject; elegant, yet as clear and as black-and-white as any individual could be on the nature of what constitutes the "good" and the "just" for the species Man, which means he found, in contextual terms as uniquely American as the Founding Fathers' concept of "individual sovereignty."


Natural law, according to Spooner in his work, "Natural Law,": "is the science of all human rights; of all a man's rights of person and property; of all his rights to life, liberty, and the pursuit of happiness..." [and] "which alone can tell any man what he can, and cannot, do; what he can, and cannot, have; what he can, and cannot, say, without infringing the rights of any other person."


These are the political standards of Man qua Man, and are the fundamentals which ought to be codified, and nothing less than this will do as a basis. But it becomes the terrible duty of any legislative or judicial body to determine what those are. I say it is terrible because, to continue with Spooner:

continuation How Do We Learn to Identify Natural Law and Ethics?

Note: I will be the featured speaker at the Center For Inquiry (CFI) meeting, October 16, 2008, in Portage, Michigan. The topic is "Atheism as a 'Religion' Protected by Courts According to the Establishment Clause" CEC

mailto:freeassemblage@gmail.com


http://freeassemblage.blogspot.com/

The Free Assemblage of Metaphysical Naturalists is the SM of the
The Free Assemblage of Metaphysical Naturalists LLC.
The Academy of Metaphysical Naturalism TM, The Academy of Metaphysical Naturalism Blogger TM, and
Academy of Metaphysical Naturalism Blogger Extra TM are the educational arms of the LLC and are:

© 2008 by Curtis Edward Clark and Naturalist Academy Publishing ®