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#5 in a series of essays on Liberty
Via Hans
Most analysis I read is an effort to illustrate what is wrong with our society and its government. I’m more interested in the ideas and actions necessary to reverse the degeneration and re-establish Rightful Liberty.
In prior essays, I argued a case for recovery of Rightful Liberty through a return to the common-law. In so doing, I explored the demise of Liberty as a consequence of the replacement of common-law by statute, ordinance and regulation.
If my argument was and is valid, one should be able to identify a point in time before which Rightful Liberty prevailed under common-law, and after which Liberty was infringed by transformation of law into its’ current form of legislative acts.
We must identify the features of the common-law that promoted individual liberty in an age before our liberty was substantively infringed. We must find indicators in common-law action that signify a change from a ‘concern for justice’ to a principle focus on torte.
The title of this essay is a clue to my findings: creation of legal arguments that promote a concept of ‘public duty’ above individual rights; establishment of ‘civic virtues’ as obligations men owe to society.
Source: http://freenorthcarolina.blogspot.com/2014/08/5-in-series-of-essays-on-liberty.html
