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  • A Planned Society and the Rule of Law

    Posted by onparkstreet on November 15th, 2009 (All posts by )

    To say that in a planned society the Rule of Law cannot hold is, therefore, not to say that the actions of the government will not be legal or that such a society will necessarily be lawless. It means only that the use of the government’s coercive powers will no longer be limited and determined by pre-established rules. The law can, and to make a central direction of economic activity possible must, legalize what to all intents and purposes remains arbitrary action. If the law says that such a board or authority may do what it pleases, anything that board or authority does is legal – but its actions are certainly not subject to the Rule of Law.F.A. Hayek, The Road to Serfdom.

    Health Choices Commissioner, “pay czars”, the Kelo decision, bail outs! To this layperson all of it seem so, well, arbitrary. It’s as if we in the U.S. are moving toward a system where just about anything can be justified because some government official says that it should be so. It’s all for the greater good, right? What are pesky little things like individuals and predictable rules in the face of all that wonderful greater goodness?

     

    4 Responses to “A Planned Society and the Rule of Law”

    1. mishu Says:

      The law can, and to make a central direction of economic activity possible must, legalize what to all intents and purposes remains arbitrary action. If the law says that such a board or authority may do what it pleases, anything that board or authority does is legal – but its actions are certainly not subject to the Rule of Law.

      That sounds like Pelosi’s interpretation of the Commerce Clause.

    2. Soapbox Jill Says:

      It’s arbitary, all right. Or as Ayn Rand put it in one article:

      “An individualist is a man who says: “I’ll not run anyone’s life—nor let anyone run mine. I will not rule nor be ruled. I will not be a master nor a slave. I will not sacrifice myself to anyone—nor sacrifice anyone to myself.””
      “A collectivist is a man who says: “Let’s get together, boys—and then anything goes!””

      We’re definately in the “anything goes” stage.

    3. onparkstreet Says:

      Mishu – ha! That’s funny.

      Soapbox Jill – “We’re definately in the “anything goes” stage.” Sadly, yes, I have to agree. It is arbitrary, it is bullying, and it is worrying!

    4. jimbino Says:

      We gave up our freedom long ago when we allowed gummint to run the schools and control our drinking, smoking and pornography.

      I can’t wait until Pelosi and Reid start delivering my food, vacations and sex.