Tuesday, April 29, 2014

The Court and your Castle

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Vattel's The Law of Nations, was the most influential book on the law of nations for 125 years

Justifying the Glorious Revolution of 1688, John Locke advanced natural-rights theory of government. He argued that all just governments are founded on consent and are designed solely to protect people in their inherent rights to life, liberty, and property.  By "property," Locke meant more than land and goods that could be sold, given away, or even confiscated by the government under certain circumstances. Property also referred to ownership of one's self, which included a right to personal well being.

“In one key respect Jefferson used Natural Law instead of natural-rights theory, substituting "the pursuit of happiness" for "property" in the trinity of inalienable rights. In this change, derived from the Swiss legal philosopher Emerich de Vattel, he emphasized public duty rather than (as the language seems to indicate) personal choice, for natural law theory is that happiness is attainable only by diligent cultivation of civic virtue.”

Note that Vattel’s view of property clashes with Locke.  For Vattel - The nation may alienate its public property“THE nation, being the sole mistress of the property in her possession, may dispose of it as she thinks proper, and may lawfully alienate or mortgage it. This right is a necessary consequence of the full and absolute domain: the exercise of it is restrained by the law of nature only with respect to proprietors who have not the use of reason necessary for the management of their affairs; which is not the case with a nation. Those who think otherwise, cannot allege any solid reason for their opinion; and it would follow from their principles that no safe contract can be entered into with any nation; - a conclusion which attacks the foundation of all public treaties.”
READ MORE: http://batr.org/autonomy/062605.html

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