It is a virtually unknown fact that the source of all law is natural law and, as the highest source of law, supersedes all other forms. The implications of natural law are many. According to natural law, the moral standards that govern human behavior are objectively derived from the nature of human beings. They are not ambiguous nor are they arbitrary. For example, it is not okay for one individual to kill another individual when there is no violation of the first individual’s rights. It is not okay for one individual to use force to extract the personal property of another individual absent a violation of the first individual’s rights. These are circumstances where there are no exceptions. Murder and theft are always wrong. There is no moral justification of murder. There is no moral justification for theft. These laws are inborn to humans. Humans have inherent knowledge of these laws, without having to read or study any legal code to instruct them. This topic can be expounded on ad infinitum, however I would like to focus more definitively on the specific realm of the freedoms born of natural law, and the means of human progress and prosperity born out of it.
One of humanity’s greatest tools in providing prosperity for itself, and in its ultimate pursuit of peace and happiness, is the freedom to contract. Contrary to modern intuition, upon strict observation one will find the true harbinger of a classless society is capitalism. The foundation of such a society is the freedom to contract, or the freedom of individuals to bargain among themselves and determine the terms of their own contracts, without governmental interference. According to Henry James Sumner Maine, the evolution of social structures begins from a system where societal roles are derived from status and then, progresses towards societal roles based on contractual freedom. A status system establishes obligations and relationships by birth, whereas a system based on contracts presumes that the individuals are free and equal. In my opinion, status systems can be likened to today’s climate of entitlement. Ideas on freedom of contract also stemmed from the Enlightenment ideas of John Locke. Locke’s “Two Treatises of Government” argued against the divine right of kings as the supreme authority. The essence of Locke’s and other thinkers’ ideas, which eventually lead to the greatest growth in quality of life and living standards in history, were that society functioned best when freely determined social contracts governed human behavior. This was not the preaching of the evil, greedy, selfish and corrupt capitalist that is demonized today. Rather, it was the voice of true liberation that was instrumental in severing the ties of bondage from feudalism and serfdom.
I’m well aware that this view flies in the face of what is seemingly conventional today. It seems today that at its greatest the idea of capitalism is merely tolerated. Even this seems short lived. If anything, the latter part of the twentieth century could very possibly be defined as an onslaught of anti-American, anti-capitalist sentiment. However I propose such animosity is despairingly misplaced. Such resentment, in my opinion, should be thwarted not upon human freedom and human progress, but instead upon the actors who wish to reinstate mankind to a status based society. Unfortunately, the modern idealistic Progressives, with all of their well wishes, are truly and unknowingly Regressives. The ends of their means are unwittingly sure to be an end of man’s ability to enter into contracts freely and on his own terms; and therefore an end to human freedom itself.
Written for biddingbar.com by: Ryan Viramontes
