| | Objective law is defined principled law uniformly applied. It's being written down is a symptom, not a cause. I again strongly suggest Isabel Paterson, whom Rand fully endorsed in this area. From Ayn Rand Lexicon:
Law, Objective and Non-Objective
All laws must be objective (and objectively justifiable): men must know clearly, and in advance of taking an action, what the law forbids them to do (and why), what constitutes a crime and what penalty they will incur if they commit it.
The Virtue of Selfishness “The Nature of Government,” The Virtue of Selfishness, 110.
The retaliatory use of force requires objective rules of evidence to establish that a crime has been committed and to prove who committed it, as well as objective rules to define punishments and enforcement procedures. Men who attempt to prosecute crimes, without such rules, are a lynch mob. If a society left the retaliatory use of force in the hands of individual citizens, it would degenerate into mob rule, lynch law and an endless series of bloody private feuds or vendettas.
If physical force is to be barred from social relationships, men need an institution charged with the task of protecting their rights under an objective code of rules.
This is the task of a government-of a proper government-its basic task, its only moral justification and the reason why men do need a government.
A government is the means of placing the retaliatory use of physical force under objective control-i.e., under objectively defined laws.
The Virtue of Selfishness “The Nature of Government,” The Virtue of Selfishness, 109.
When men are caught in the trap of non-objective law, when their work, future and livelihood are at the mercy of a bureaucrat’s whim, when they have no way of knowing what unknown “influence” will crack down on them for which unspecified offense, fear becomes their basic motive, if they remain in the industry at all-and compromise, conformity, staleness, dullness, the dismal grayness of the middle-of-the-road are all that can be expected of them. Independent thinking does not submit to bureaucratic edicts, originality does not follow “public policies,” integrity does not petition for a license, heroism is not fostered by fear, creative genius is not summoned forth at the point of a gun.
Non-objective law is the most effective weapon of human enslavement: its victims become its enforcers and enslave themselves.
The Objectivist Newsletter “Vast Quicksands,” The Objectivist Newsletter, July 1963, 25.
That which cannot be formulated into an objective law, cannot be made the subject of legislation-not in a free country, not if we are to have “a government of laws and not of men.” An undefineable law is not a law, but merely a license for some men to rule others.
The Objectivist Newsletter “Vast Quicksands,” The Objectivist Newsletter, 28.
It is a grave error to suppose that a dictatorship rules a nation by means of strict, rigid laws which are obeyed and enforced with rigorous, military precision. Such a rule would be evil, but almost bearable; men could endure the harshest edicts, provided these edicts were known, specific and stable; it is not the known that breaks men’s spirits, but the unpredictable. A dictatorship has to be capricious; it has to rule by means of the unexpected, the incomprehensible, the wantonly irrational; it has to deal not in death, but in sudden death; a state of chronic uncertainty is what men are psychologically unable to bear.
The Objectivist Newsletter “Antitrust: The Rule of Unreason,” The Objectivist Newsletter, Feb. 1962, 5.
An objective law protects a country’s freedom; only a non-objective law can give a statist the chance he seeks: a chance to impose his arbitrary will-his policies, his decisions, his interpretations, his enforcement, his punishment or favor-on disarmed, defenseless victims.
The Objectivist Newsletter “Antitrust: The Rule of Unreason,” The Objectivist Newsletter, Feb. 1962, 5.
The threat of sudden destruction, of unpredictable retaliation for unnamed offenses, is a much more potent means of enslavement than explicit dictatorial laws. It demands more than mere obedience; it leaves men no policy save one: to please the authorities; to please-blindly, uncritically, without standards or principles; to please-in any issue, matter or circumstance, for fear of an unknowable, unprovable vengeance.
The Objectivist Newsletter “Antitrust: The Rule of Unreason,” The Objectivist Newsletter, Feb. 1962, 8.
See also ANARCHISM; ANTITRUST LAWS; CONSTITUTION; CRIME; DICTATORSHIP; GOVERNMENT; INDIVIDUAL RIGHTS; RETALIATORY FORCE; RETROACTIVE LAW; STATISM.
I am not aware of any concise definition. If it is based on principle the principle would presumably be protection from crime (justice) without impingement of freedom (liberty). Roman law was a defined rational set of rules knowable to all and not subject to the whim of any potentate. Roman law was brutal, sometimes religious in form and substance, and it discriminated between slaves on one hand, and plebians and noblemen on the other. But Roman law allowed the government to act only on set charges of a defined nature with set proceedures and set penalties. One knew where one stood ahead of time and could appeal to the law. The arbitrary whim of a ruler or a Greek Jury (which could do such thing as Ostracism) was not to be feared.
Ironically, the advent of the printing press allows the law to become unwieldy. Roman law was engraved on twelve golden tablets. Roman canon law is embodied in some 1700 or so principles. With the printing press we get 1300 page laws that no one reads. :)
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