Let!
Natural law can be wielded against all positive rights, ie to meet the laws created and designed by man.
Natural law protects individuals, all individuals without exception.
It is natural because it exists even when the man lives in a stateless society, no constitution, no rules, no law says so positive ... This right exists even when man lived in the state of nature (John Locke).
It is natural because it is tied to the nature of man. The nature of man was not created by man. So the natural law was not created by man, but only discovered.
Natural law must be applicable to all human beings.
All these considerations have absolutely nothing original. They have already been conducted by a bunch of intellectuals and thinkers in the past. The Thomists and school in Salamanca XV and XVI century, John Locke the XVI and XVII century, the thinkers of the American and French revolutions, and Frederic Bastiat Benjamin Constant the XIX Ayn Rand, Friedrich Hayek and Milton Friedman the XX century (and I'm forgetting others).
This reflection is the legacy of the Enlightenment.
But today it is sad to see that few people know what the philosophy of law natural. Few are aware of the real contributions of the Enlightenment. Almost nobody understands the true nature of Human Rights and the Citizen.
Many people think that the Enlightenment bequeathed us only the basic intellectual tools that allowed us this wonderful technological good that humanity has experienced these past two centuries. In short we stopped believing in superstition and witchcraft.
it abolished slavery and today, this heritage is full with so-called social progress through the welfare state (with its famous parade of fake right as the right to work, health, education etc. ..). The welfare state would be the ultimate conclusion of this intellectual and social odyssey.
Indeed, the Enlightenment brought us a dazzling progress technologiqueset the abolition of slavery. But this contribution, significantly, is the consequence, and only the consequence of an intellectual revolution on how we look at the man.
This revolution began with a definition of natural law of man, of every man.
So the definition of the nature of man.
Man differs from animals by reason. By right, I mean, for elaborate cognitive abilities. I will not detail this point in this article. With reason, man can survive and live. It is his only tool for living and face the dangers of nature. And as Ayn Rand said if he does not use it, it dies.
So anything that prevents the use of reason is bad for him because he might die.
Man must be free to be able to make full use of his reason. If it is not free, it can not use his reason. He was sentenced to die. Use
his reason is voluntary and requires freedom. And as each
man has a right to exist, it must be free to use his reason.
By freedom is meant by " natural liberty of man consists in being subject to any power on earth [...] , not to be subjected to the domination of any will " (John Locke ).
is a social relationship. This is not freedom to be liberated from the laws of nature. I am forced to eat, drink etc. ...
freedom only applies to relations between individuals.
And the state of nature, reason "teaches all men being equal and independent, no one should harm another for his life, his health, his freedom, his well "(always the friend Locke).
The first natural right of man is freedom. This right is associated with its nature and therefore inalienable. He did more, then it is more human.
When he is free, he can say and think what it wants, and come and go as he pleases.
But to protect this freedom in practice on land, in reality every day, we must preserve their private property.
should not steal a man, because stealing is depriving him of his liberty.
A slave does not enjoy the fruits of his labor, he worked under the threat of his master. It does not even own himself, he is the property of his master.
Preserve owned by the individual, it does not make a slave, it is actually free on this earth. It is subject to any coercion.
The fruit of his work, he keeps to himself. The fly is like enslaving.
Somebody, by violence, which benefits from the work others, is like the master who enslaves his slave.
Natural law preserves the freedom of every man.
He is a slave to anyone, he is the only absolute. He is sovereign.
Natural law protects people against criminals, but also against his worst enemy state.
It has often violated the natural rights of man, and still does today shamelessly.
The Rights of Man and Citizen, which are natural, seeks primarily to protect humans against the harmful actions of the state.
We must understand that the real legacy of enlightenment is to consider the human individual in its own right, as the highest goal.
It can not be sacrificed in the name of religion, state, nation, the general interest of the class struggle, the struggle of races, global warming, social inequality, of Culture, French Language, economic recovery etc. ...
The individual can be sacrificed. It is absolute and sovereign.
His natural right to existence we reminds us at every moment.
Natural law can be wielded against all positive rights, ie to meet the laws created and designed by man.
Natural law protects individuals, all individuals without exception.
It is natural because it exists even when the man lives in a stateless society, no constitution, no rules, no law says so positive ... This right exists even when man lived in the state of nature (John Locke).
It is natural because it is tied to the nature of man. The nature of man was not created by man. So the natural law was not created by man, but only discovered.
Natural law must be applicable to all human beings.
All these considerations have absolutely nothing original. They have already been conducted by a bunch of intellectuals and thinkers in the past. The Thomists and school in Salamanca XV and XVI century, John Locke the XVI and XVII century, the thinkers of the American and French revolutions, and Frederic Bastiat Benjamin Constant the XIX Ayn Rand, Friedrich Hayek and Milton Friedman the XX century (and I'm forgetting others).
This reflection is the legacy of the Enlightenment.
But today it is sad to see that few people know what the philosophy of law natural. Few are aware of the real contributions of the Enlightenment. Almost nobody understands the true nature of Human Rights and the Citizen.
Many people think that the Enlightenment bequeathed us only the basic intellectual tools that allowed us this wonderful technological good that humanity has experienced these past two centuries. In short we stopped believing in superstition and witchcraft.
it abolished slavery and today, this heritage is full with so-called social progress through the welfare state (with its famous parade of fake right as the right to work, health, education etc. ..). The welfare state would be the ultimate conclusion of this intellectual and social odyssey.
Indeed, the Enlightenment brought us a dazzling progress technologiqueset the abolition of slavery. But this contribution, significantly, is the consequence, and only the consequence of an intellectual revolution on how we look at the man.
This revolution began with a definition of natural law of man, of every man.
So the definition of the nature of man.
Man differs from animals by reason. By right, I mean, for elaborate cognitive abilities. I will not detail this point in this article. With reason, man can survive and live. It is his only tool for living and face the dangers of nature. And as Ayn Rand said if he does not use it, it dies.
So anything that prevents the use of reason is bad for him because he might die.
Man must be free to be able to make full use of his reason. If it is not free, it can not use his reason. He was sentenced to die. Use
his reason is voluntary and requires freedom. And as each
man has a right to exist, it must be free to use his reason.
By freedom is meant by " natural liberty of man consists in being subject to any power on earth [...] , not to be subjected to the domination of any will " (John Locke ).
is a social relationship. This is not freedom to be liberated from the laws of nature. I am forced to eat, drink etc. ...
freedom only applies to relations between individuals.
And the state of nature, reason "teaches all men being equal and independent, no one should harm another for his life, his health, his freedom, his well "(always the friend Locke).
The first natural right of man is freedom. This right is associated with its nature and therefore inalienable. He did more, then it is more human.
When he is free, he can say and think what it wants, and come and go as he pleases.
But to protect this freedom in practice on land, in reality every day, we must preserve their private property.
should not steal a man, because stealing is depriving him of his liberty.
A slave does not enjoy the fruits of his labor, he worked under the threat of his master. It does not even own himself, he is the property of his master.
Preserve owned by the individual, it does not make a slave, it is actually free on this earth. It is subject to any coercion.
The fruit of his work, he keeps to himself. The fly is like enslaving.
Somebody, by violence, which benefits from the work others, is like the master who enslaves his slave.
Natural law preserves the freedom of every man.
He is a slave to anyone, he is the only absolute. He is sovereign.
Natural law protects people against criminals, but also against his worst enemy state.
It has often violated the natural rights of man, and still does today shamelessly.
The Rights of Man and Citizen, which are natural, seeks primarily to protect humans against the harmful actions of the state.
We must understand that the real legacy of enlightenment is to consider the human individual in its own right, as the highest goal.
It can not be sacrificed in the name of religion, state, nation, the general interest of the class struggle, the struggle of races, global warming, social inequality, of Culture, French Language, economic recovery etc. ...
The individual can be sacrificed. It is absolute and sovereign.
His natural right to existence we reminds us at every moment.
0 comments:
Post a Comment