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My argument is the exact opposite. It is not possible for law and liberty to co-exist. Ever. In any case. They are mutually exclusive. The 'liberty' that exists in your system of laws is not real liberty at all, because it is a liberty that is circumscribed by the law. No legal society can be closer to the ideal of liberty than any other. They are all equally illiberal. The only difference between them is how many actions are permitted.
Yes, but law is also necessary for long-term liberty to exist.
You basically leave it to be decided as we go along. You leave it to lawmakers to play it by ear, to make something illegal when it comes to their attention, when the attitude of their noisiest constituents turns against it, when their personal prejudices and biases tell them that it is bad. If you want to determine the law based on the harm principle, and you want to give lawmakers the freedom to define harm, then you are effectively giving them unlimited power to ban action. There is nothing that cannot be reasonably said to cause harm, intolerable harm.
That should be up to societal consensus
That is the essence of a liberal society. A liberal society is free, but David Cameron and other fascists like him think that liberty and fascism are the same thing. Cameron, like all US presidents, like all British premiers, is a liberal fascist. Historically, the English nations have opposed liberty for anybody. Historically they have preferred to appease the public and the intellectuals by giving them more privileges. Rights are not 'god-given.' They are legal claims that are generally recognized by the lawmakers as belonging to all human beings. They are not intrinsic, they are not part of human nature, and the best evidence of this is that what constitutes a 'right' varies from one country to another. A truly liberal society does not enumerate the claims that people have to certain privileges and call it liberty. It has no laws. It is self-governed.
Why do you take liberty as the absolute and sole quality for judging the rightness of societal systems?
Originally posted by SmedleyBurlap
reply to post by CholmondleyWarner
The Liberal party is not really liberal. They don't value liberty, they value 'liberty' 'protected' by the law.
Jaywalking hurts others? Really?
No legal society can be closer to the ideal of liberty than any other. They are all equally illiberal. The only difference between them is how many actions are permitted.
In a legal society, it is presumed that all things must be considered illegal until further notice.
You basically leave it to be decided as we go along. You leave it to lawmakers to play it by ear, to make something illegal when it comes to their attention, when the attitude of their noisiest constituents turns against it, when their personal prejudices and biases tell them that it is bad.
That is the essence of a liberal society.
A truly liberal society does not enumerate the claims that people have to certain privileges and call it liberty.
It is self-governed.
If you think that a society without laws cannot possibly be one in which people respect each other, then you must have a dim view of humanity indeed.
Blimey 29 pages of people all arguing their corner.......for what religion, belief, colour, nationlism...how stupid we are, supposed to be the most intelligent of all life forms on this beautiful planet and yet still manage to be the most anal !!!
A form of political behavior marked by obsessive preoccupation with community decline, humiliation or victimhood and by compensatory cults of unity, energy and purity, in which a mass-based party of committed nationalist militants, working in uneasy but effective collaboration with traditional elites, abandons democratic liberties and pursues with redemptive violence and without ethical or legal restraints goals of internal cleansing and external expansion. [Robert O. Paxton, "The Anatomy of Fascism," 2004]