| | Jim,
"There’s no way to rule innocent men." You read things into that that aren't there. What could those words mean? It could mean that morally innocent men don't feel guilty which makes it harder to get them to comply. Or, on a another level, it could mean that until a law is passed that makes them legally guilty, they are legally innocent. Without a violation of law, how can government exert power over them.
Tyrants need laws that make innocent men guilty so they can more easily rule them. In no way does that statement imply throwing out the very concept of the rule of law - only bad laws. ------------------------
You said that a person who is perfectly in tune with Objectivist philosophy that invariably and consistently acts in conformance with their beliefs doesn't need law. That is wrong because the laws will protect their property rights from others who are not perfectly in tune with Objectivist philosophy.
And even if everyone was perfectly in tune with Objectivist philosophy there would still be disagreements that would need to be settled by reference to the law as adjudged by a court or mediator. ------------------------
You said, "If a law is based on Oist philosophy, it is not necessary for this person, because they are already voluntarily in compliance."
Philosophy defines moral principles but it doesn't tell you how they are applied. Reasonable men can disagree on the meaning and application of moral principle. And law is needed to define the application of the moral principles. Two reasonable people can agree on a moral principle yet disagree on whether or not a specific act is moral under that principle - that's what the law should give us. ------------------------
You said, "Thus, a perfect Oist should ignore all man-made laws, viewing them as either redundant or immoral, and live entirely by their own moral code."
Jim, if you really believe this makes sense in any significant way, then you need to know that you are no longer tethered to reality. You have drifted off on a cloud of floating abstractions. The same exact 'reasoning' could be used by any follower of any philosophy. But then they would all still disagree and it would be a state of anarchy... oh, yeah, that's where you already are, isn't it? -------------------------
You said, "Such a person might band together with other such like-minded people to prevent others from infringing on their rights under this code of morality, and create their own code of behavior / laws that they insist on others using when interacting with them. This would not, however, be a government, as they would only insist on people conforming to this moral code when interacting with them, and allow others to develop alternate codes for interacting with anyone else."
The founding fathers banded together with other like-minded people to prevent others from infringing on their rights. They created a government for just that reason. If you don't create a government, then your insistence that others interact with you according to those rules will have no teeth. They tried that for decades and King George and his parliment keep 'interacting' with them. Now, if the government only has and enforces laws compatible with individual rights, then there is nothing to complain about and if the laws are only partly right, fixing them is the only workable solution. ---------------------------
You quoted John Wayne's character as saying, ""I won't be wronged, I won't be insulted, and I won't be laid a hand on. I don't do these things to other people and I expect the same from them."
You said, "This is an anarchistic personal code of law. "
No, it is what he would like to have the laws, ethics, and ettiquette conform to. You make a giant and unwarranted leap to say that wishing others had the same beliefs I have is a reason for throwing out the rule of law.
Continuing to discuss this gunfighter character, you say, "And, he doesn't rely on a government to enforce it, he personally enforces it with his gun (though in theory he could hire someone else to enforce it for him)."
Don't you have any part of you that says, "Whoops, I just went too far. I advocated people shoot each other over insults." Why would you think that people making up their own rules and shooting each other to get their way would be better than having laws? Doesn't any part of that make you think of Somalia or rabid gang shootings? -----------------------------
You said, "Do you disagree with the notion that in a truly free society, such an anarchistic, personal code of law would be moral and laudable? Or do you think someone like John Wayne's character should conform to man-made laws that conflict with his values and insult his integrity and code of honor? That is, do you think this character is a hero or a villain?"
All moral codes are personal at the level of action, they must be. That code isn't anarchistic in the sense that it means there should be no laws. Because a person acts on what they believe, even if it puts them in opposition with a law, does not make them an anarchist. Would you consider a member of the crips gang who shoots someone that disrespects them to be a hero or a villain?
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