👩‍⚖️ Law

Definition

A law is a type of rule made by specific authority which determines how one must act.

Discussion

Overview

A law differs from general “rule” due to its source of authority.

One might think an employee is bound by the laws of an employer’s office. Although, what we really mean in this case is that the employer has rules which the employee is expected to follow.

An employment contract between the employee and employer, however, is law. Those laws, however, can require the employee to follow an employer’s office rules.

The authority of the employment contract is the mutual consent between competent adults. This separates the nature of the contract from the nature of its obligations.

As such, while an employment contract is source of law, the employer’s anti-harassment policies, quality assurance standards or preferred time for tea breaks are rules which may or may not be enforced using law.

However, reasonable people may disagree on what “authority” is (as in, what exactly distinguishes between a law and a rule). Applying the concepts of rights is a useful way to identify a law or what should be a law.

Live and Let Live recognizes that self-ownership means the authority for law does not depend on a government. Rather, it may derive from other types of collectives including non-government associations between individuals.

Types of law

In the Live and Let Live context, there are three main types of law:

When we refer to the Legal Principle, we are almost always referring to positive law, that is, law codified or otherwise made explicit by humans. Most of the laws controlling our actions today are positive law.

An employment contract is an example of positive law, as are other forms of private (civil) law. Positive law also includes public law such as regulation and criminal law.

Customary law refers to law which humans have not systematically expressed. There is a lot of potential for customary law to play a far greater role in society than it does at present. In fact, before the last two centuries, unwritten laws were a primary way humans peacefully interacted with one another.

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Function of law

As a human construct, some people believe there is no objectively correct law. Rather, some hold the view that laws are simply the rules we choose to live by.

Ideally, law facilitates peaceful coexistence between individuals. Although, a great deal of positive law does not support this function. Despite the intentions behind the development of criminal law and regulations, for instnace, a great deal most such laws are actually contrary to the Legal Principle.

Live and Let Live considers that to not aggress against another is the least common denominator upon which all reasonable people can agree.

The Live and Let Live Movement supports laws which best facilitate freedom and universal peace. The way in which the movement facilitates such laws is by:

  • promoting natural law (such as self-ownership)
  • encouraging all customary law to align with the Legal Principle
  • seeking all positive law to implement the Legal Principle.

The law is no place for subjective preferences

Many of the countless laws enforced around the world today, such as those which outlaw victimless activities, are subjective moral preferences imposed on people acting peacefully. Such laws conflate the Moral Principle with the Legal Principle.

One key insight the 3L Philosophy offers is that freedom and peace require us to remove our moral preferences from the law.

Law is valid insofar as it respects self-ownership on a non-discriminatory basis.

The national governments of most countries practice positive law through one of two legal systems:

Civil law is widely practiced in states in Europe and Asia.

Most anglosphere and British-colonized states employ common law, including the United Kingdom, United States, and India.

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