Sempre in inglese, per voi, buona lettura e ditemi la vostra (In English, for you, good read and tell me your): Brad Spangler, Josh Latimer, Stephan Kinsella, Gary Chartier, Gary Johnson, Alliance of the Libertarian Left, Libertarian Party, Bretigne Shaffer, Ron Paul, Ludwig von Mises Institute, Catherine Spooner, Enrico Massetti, Center for a Stateless Society (C4SS), Agorism, Alma Sommer, Eric Pitts. For a libertarian theory of law A libertarian theory assumes that the anti-authoritarian imposition and coercion are harming the individual, from these considerations, any law is not considered legitimate because it is imposed by a majority over a minority, non-shared and not suitable for every localist situation but programmed, planned, centralized and institutionalized. Libertarianism is against the law, but not against the rules, or rather what the anarchist movement has taught humanity is precisely the sharing and participation in the creation and testing of rules, the ability to self-organization and rules of living together, a sort ethics of law, not monopolized and constantly changing in relation to situations and conditions. For the libertarian law and right are not and do not represent the same thing. The law appears to be the result of the experience of life, the result of a rational path of knowledge and experimentation. The anarchist tradition has very well Illustrated what is right and what is being imposed. Proudhon held separate the notions of law and right where the first is event of the exercise of power monopolized by the state, while the latter covers all forms of regulation, mediation and management of relationships, and conflicts of interests that occupy human affairs, a libertarian conception of rights that define anti-hierarchical and consensus-based relationships. A libertarian theory of law that goes beyond the eternal conflict between utilitarianism and natural law and give legal status to an approach of consensus and acceptance, legal tolerance. The law expert Fabio Massimo Nicosia has tried to structure this theory on concepts of consensus and market (understood as the product of agreement and free trade). According to this consensual the market is in fact a self-regulator and regulating mechanism of human actions that functions primarily as a political and legal order. The same rules of behavior or language in use among the various human groups are the result of this headless and autopoietic mechanism. All according to this theoretical concept appears to be the result of the comparison; everything is, namely, active and dynamic transactions that can be defined in a broad sense, market, so was born the same property from the market, not natural law, but as a useful, temporary agreement. But if an agreement is such, has nothing sacred and defined, perennial and in the changed conditions, the market (understood as a dynamic synthem comparison, regardless of whether the infringing goods, ideas or habits, customs, languages, etc..) can review their decisions that are always the result of consensus, agreement and exchange. These thoughts without getting too philosophical and theoretical speculations are interesting just to confirm how the law is the result of coercion and imposition of the same as the Constitutions can be created, modified and discussed on a voluntary basis and comparison. The American individualist anarchist Lysander Spooner described of constitution without authority, Spooner moved the criticism of the U.S. Constitution by a realistic assumption in his contract to be valid, must be entered into by individuals in relation to each other, put in writing, signed by the parties. Without this procedure, a contract has no authority and has no obligation, in short, is not the result of the comparison and tolerance. Interesting, then, would be to initiate a debate among libertarians on the law and its libertarian application. Domenico Letizia arivista.org/index.php?nr=360&pag=100_en.htm&key=Domenico%20Letizia
Posted on: Thu, 14 Nov 2013 12:09:36 +0000
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