Common Law & Natural Rights

What this furthermore means is that the basic economic relation is not the transitory, ephemeral kind established through purchase and sale, but long-term

society. Justice cannot be achieved until atonement is achieved: ancient societies perceived this, and made sacrifice - plant, animal, even human - an integral part of their public life. Modern man thinks he has escaped this necessity, relegating religion to the private sphere, secularizing the public square. This is pure self-deception.

But those Rights and Priviledges, which I call English, and which are the proper Birth-Right of Englishmen, and may be reduced to these Three. I. An Ownership, and Undisturbed Possession: That what they have, is Rightly theirs, and no Body's else. II. A Voting of every Law that is made, whereby that Ownership or Propriety may be maintained. III. An

Why did its exponents take this approach? They were quite aware of the danger to liberty formed by unaccountable government. But their focus had been on the restraint of government wherein the executive and the legislative powers were joined, absolute monarchy being the most glaring example. Their views of legislative power as a separate branch of

It is this understanding of the primacy of law over government which has been lost, and it has been lost in the transition from monarchy to government based on the will of the people. What the Stuart kings could not accomplish - the primacy of government by prerogative - representative government has.

This market never would have boomed without the implicit government guarantee of the trillions of dollars of mortgages essentially laundered by the GSEs.

such "fairness" that, as we have seen, triggered the credit crisis of the late 2000s. The common law is under attack, the means of attack is legislation,

Subjective right was developed as a secondary principle of the legal order. Grotius was the first to invert the order: he made subjective right into the primary, originating principle of the legal order.

term relations established through credit and debt, by which commitments are forged which shape life situations in an ongoing fashion. These commitments are freely engaged, rather than imposed. (124) They form the backbone of the free society and the civil condition, and <82>enable it to function. Without them, the return to autarchy and mono