The common good and laws / by kevin murray

There are plenty of people that believe that there “ought to be a law,” and the fact that there are thousands upon thousands of laws, of which so many of them are: confusing, contradicting, pointless, convoluted, outdated, and intrusive, demonstrates wholly that those that believe that there ought to be a law, seemingly get their way; and to a certain degree, because so many politicians and government officials of high importance, are lawyers, or have a background in law, then not too surprisingly, they are proponents of passing a lot of these laws.


Quite frankly, for the common good, laws that are pretty much unknown, misapplied, or are used as a weapon against certain people at certain times, are all laws that are not for the benefit of the people.  Yet, laws most definitely have their place, because any government governed by a written Constitution, has an obligation to live up to that Constitution, and the Constitution of this United States, is, in fact, the supreme law of the land.  This would seem to imply that all laws subsequently passed, legislated, and enacted must be in accordance with that Constitution, and all laws that really have little or nothing to do with that Constitution, probably should not and need not be passed into law.


Unfortunately, as in many a civilization, the law makers, recognize that the more laws, restrictions, and covenants that are passed, essentially cedes to those law makers, the interpreters of those laws, and the judicial/policing arm of the state, more power to whole sway over the population, so as to better control the population for the benefit of those law makers and their adjutants.  That is most unfortunate, for the very purpose of the Constitution is not to restrict the people, unnecessarily, but rather on the contrary to restrict that government of the people, from dictating to the people what they can or cannot do.


It is important to remember, that the real reason why laws are passed, in the first place, in any civilization or community, large or small, is because all those things that in general that we most respect, have reverence for, and consider to be of upmost importance, are necessary then to be protected and strengthened by appropriate laws, so as to keep those things that we value the most: intact, stable, vibrant, and viable.


This means that the real point of good laws is to make communities better for people and for that law therefore to be consistently and fairly applied to everyone for the continual betterment of that community, without suspending the unalienable rights that all are entitled to.  The problem, that characterizes far too many laws created in today’s environment, is that these laws are structured in a manner that criminalizes activities and decisions, which often have no victim or isn’t really the necessary business of the justice or legal authorities to begin with;, all of which is for the supposed betterment of society, but rather what it does is to take behavior that may be considered to be unorthodox or unusual, and criminalizes it, for the purpose of intimidation, power, and control.


Those that truly believe that there ought to be a law, in a land in which there seemingly is a law for everything and every possible contingency, must surely recognize that laws upon laws upon laws, in and of themselves, do not make for a good society.  Rather, the only laws that are truly necessary are the very ones that uphold our unalienable rights in conjunction with those laws that a good and just civil society, truly need in order to secure those very things that make for that upstanding civil society.