Category Archives: Law

The Uniqueness of Western Law


By Richard Storey

“When accordingly it is inquired, whence is evil, it must first be inquired, what is evil, which is nothing else than corruption, either of the measure, or the form, or the order, that belong to nature.” (Augustine)

The study of Western Civilization has been all but eradicated.  This was no accident but, rather, an aggressive policy of leftist academe which has used exclusionary tactics to dominate and pervert the culture and purpose of our universities since the 1960s and 70s.[1]  But, for us students, driven underground, Western history is the greatest treasure trove of almost every faculty.  Not least of these is natural law.  Read more

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On Discrimination


ON DISCRIMINATION
By Christian Robitaille

The following is a translation of a speech delivered in French on the 5th August 2017 at the occasion of the 2nd edition of the Montreal Free Market Seminar.

Today, I will talk about a phenomenon that is increasingly decried as unfair or evil by Canada’s and Québec’s mass media and by the most vocal leftists of our society. I will talk about discrimination. However, I will not talk about it in a conventional way, i.e., by decrying as unjust any form of discrimination whatsoever and by demanding that the State intervenes in order to reduce or eliminate it. Rather, I will take advantage of the fact that I am speaking in front of a civilised audience to talk about the true nature of discrimination and to show that it is, in and of itself, a useless concept insofar as one seeks to find in it the ultimate criterion of injustice. Read more

The correlation between state-growth and mass irresponsibility


By Richard Storey

It is my firm belief that the state is the embodiment of collective irresponsibility and that, for this reason, it incentivises its own growth.  Having to maintain a good reputation in a community can be hard work; but, we live in a time of declining birth rates and a growing nanny state – our communities are all but dead as the growth of the state presents an increasingly hostile environment to them.  Read more

Estopping State Systems of Government


By Richard Storey

Introduction

The state, being a judicial monopolist, is an irrational system of government because of the self-contradictory violation of private property rights required to establish or maintain it.  Praxeological jurisprudence and the doctrine of dialogical estoppel provide the rational framework to show that, where there is incentive for rational consistency in the law, estopping the activities of state government and, rather, employing private judicial services is the only rationally viable option.  The state, qua adjudicator of and/or party to civil disputes, seeks to protect private property rights, yet it must violate these rights to maintain its territorial monopoly; therefore, it cannot rationally claim a right to prevent competitors providing judicial services or delegitimize any act by private courts to estop state activities.  This would necessarily result in a performative contradiction – a rights violating rights protector is a contradiction in terms.  Only private systems of governance, that is, private courts enforcing private law through voluntary interactions, can be consistent with the presuppositions of argumentation.

The conventional definition of a ‘state’ is a person or group maintaining a territorial monopoly of ultimate decision-making and, so, ultimate adjudicative power, even in disputes involving itself.  As Hans-Hermann Hoppe put it, the state ‘allows no appeal above and beyond itself. Furthermore, the state is an agency that exercises a territorial monopoly of taxation. That is, it is an agency that unilaterally fixes the price private citizens must pay for its provision of law and order.’[1]  This definition applies equally to states which exercise a separation of powers; an independent judiciary, for instance, is nevertheless an interdependent body of state government, exercising a monopoly of judicial services and receiving its funding from the same source of taxation. Read more

Coequal in Tyranny: The Ninth Circuit’s Rules for Radicals


BY ILANA MERCER

Read the judicial rules for radicals issued by the United States Court Of Appeals for the Ninth Circuit, in affirmation of the ban on The Ban.

It follows the Executive Order issued by President Donald Trump, with the imprimatur of 62 million voters, to protect the nation from foreign terrorists entering into the United States. Read more

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