Thursday, September 07, 2006

Counterfeit "laws"

How many people do you know who claim that murder is OK? How many would argue that rape is a good thing? Or that "armed robber" is a good career choice? What about someone who scams elderly people out of their life savings? Just about every person would agree that these things are wrong. It does not matter whether a "law" is passed to say it is OK or if the death penalty is applied if you do one of these things. Wrong is wrong. This is called "mala in se".

Then there are other actions that people are divided in their opinion of. Is it wrong to smoke marijuana? Do you deserve to go to jail for hiring a prostitute? What if you don't choose to wear a seat belt? Is is good to have laws to punish you for these things? Once again, it does not matter if the "law" says these things are OK or not. These are things that are only "wrong" because the law says they are bad. This is called "mala prohibita".

I think there is even a simpler way to describe mala prohibita laws: they are counterfeit. A law is counterfeit when it prohibits, regulates, or controls something other than actual force or fraud. No one has any moral obligation to obey counterfeit "laws". I choose to wear a seat belt. I feel more secure that way. Other people feel trapped by them. That is OK. That is personal choice using YOUR best information. No "law enforcement officer" is justified in punishing anyone for violating any counterfeit "law". Once they do, THEY become the criminal. Real laws do not need enforcers. Would you intervene to stop a rape? Me too. Would you hold a person at gun-point while calling for back-up if you see him sitting in traffic without his seat belt on? Of course not. Only a mindless drone of the state would do something that evil.

2 comments:

  1. Thanks for explaining the idea of counterfeit law, Kent. I was not familiar with the term.

    I agree that if something doesn't harm anyone else, there should not be a law against it.

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  2. The term is mine, but was the only way I could think of to describe those laws. I used to call them "illegitimate laws", or "illegal laws". I liked the new term better.

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