Posts Tagged liberties

Should there be a law?

Here in the USA, when we think about existing or proposed legislation, we should put it through various processes that test it for problems that make it bad law. One of the most important of these tests needed for any legislation that is directed towards action by individuals is testing for violation of personal liberty.

This chart provides a path for just such a testing process; if this test cannot be passed, then legislation should not be enacted, or it should be discarded if it has already been made into law.

If the legislation in question can pass this test, then it is reasonable to begin considering other disqualifying factors, such as compliance with the constitution’s bill of rights, commerce clause issues, if the law violates the ex post facto provision, enactment and enforcement costs, and so forth. If it cannot, then if the law exists, it should be discarded, and if proposed, the proposal abandoned.

Start by examining the chart below. This gives an overview of the process I suggest should be used to determine if we should be considering laws, or not, with regard to any particular act or acts that are matters of informed, personal or consensual choice. Below the chart, I discuss some of the terms and ideas behind the chart.

Should there be a law?

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On Privacy

What’s the problem?

 

It has come to my attention that many people feel that privacy is difficult to define. I was quite surprised to encounter this claim, because the nature of privacy seems quite obvious to me. Yet, Professor Daniel Solove of George Washington University Law School says bluntly that the question “What is privacy?” has “long plagued those seeking to develop a theory of privacy and justifications for its legal protection.” Apparently, I’m either quite confused, or I owe it to the world to write down what privacy is. The thing is, I really don’t think I am confused, so I suppose I had best put fingers to keyboard. After all, if I am wrong, I’m sure someone will take a few moments to explain why.

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