Law and Liberty


"The end of law is not to abolish or restrain, but to preserve and enlarge freedom." -- John Locke


What is the proper role of government in a free society? To answer this question, we must first understand what is meant by "government."

Government is the use of force. To govern means to control. The use of force is implicit in the definition of control. Otherwise, it would be "influence" rather than control. Even the good things that governments do involve the use of force somewhere, somehow. Sometimes government uses force directly to control behavior. Other times, government uses money taken by force to fund activities which would otherwise not involve the use of force.

Understanding that government is the use of force, the question then becomes "What is the proper use of force in a free society?" To answer this question, we first look at different types of force:

  1. INITIAL FORCE: In any group of people, there is no use of force until someone uses it first. Initial force is aggression or coercion
  2. DEFENSIVE FORCE: Defensive force is the use of force to defend your safety, rights, or property. You have the right to defend yourself, and the right to authorize others, such as those in government, to use defensive force in your behalf. Defensive force is survival.
  3. RETALIATORY FORCE: Retaliatory Force is punishment of someone who has initiated force. If someone assaults you, you have the right to authorize government to punish those responsible in your behalf. Retaliatory force is justice.

Libertarians are those who oppose the initiation of force. Some libertarians are militant(they support the use of defensive or retaliatory force), others are pacifists, but all libertarians oppose the initiation of force.

Freedom is the absence of the initiation of force

A robber cannot be "free" to steal your property nor can the bully be "free" to strike you. The robber and the bully have initiated force and the condition of freedom doesn't exist unless there is an absence of the initiation of force.

It doesn't matter if the initiators of force are in or out of government. Government doesn't confer some mystical right on some to violate the rights of others. If it is wrong for a person to commit a rape as an individual, it must be equally wrong for a person to commit a rape as an agent of government. If it is wrong to steal as an individual, it is equally wrong to steal as a government.

If somebody takes your property without your permission, it is theft (an initiation of force).

The proper role of government (force) in a free society then, is to defend and/or retaliate against those who initiate force. Government in a free society should not be the initiator of force.

Some laws, such as those prohibiting murder, rape, robbery, and fraud, are laws against the initiation of force. Enforcement of such laws is the application of defensive and/or retaliatory force, and is appropriate for government in a free society.

In a free society, you have property rights.

You can use honestly acquired property in any way that does not constitute initiation of force or fraud, trespass on the property of others, or violate agreements you have voluntarily entered into. You decide which charities to support, and don't have to sacrifice your property against your will for purposes that others decide on rather than you.

In a free society, you have personal rights.

Ownership and the use of honestly acquired property is not, in and of itself, an initiation of force and therefore does not violate the rights of others.

With freedom comes responsibility. If you initiate force, you should be held fully accountable. No cop-outs, no devils, no shifting the blame to others or to inanimate objects. If you do not initiate force or fraud (a subtle form of force), you should be left alone and force should not be initiated against you by government or anybody else.

My philosophy goes beyond liberal or conservative because both philosophies advocate the government removing the liberty of individuals by force. However, I usually vote Republican since conservatives usually (but - unfortunately - not always) encourage the preservation of individual liberties. I believe a government's role is to protect life, liberty and property. These rights are not given by the government, but are inherent rights given to us by God. Since they are not bestowed by government, they cannot be taken by government, but can be abdicated by the individual (theft may abdicate one's right to liberty, for example).

For more information about this philosophy, you can read a very short book entitled The Law for free! Just click the link and the e-book will load. The book was written around the time of the French Revolution by a philosopher named Frederic Bastiat.

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