Legislatures are socialistic committes for laws

Reading this excellent essay by Vern Poythress against copyright law (and intellectual property and patents, I assume) it strikes me how his arguments could be turned against all statutory law.

You shall appoint judges and officers in all your towns that the LORD your God is giving you, according to your tribes, and they shall judge the people with righteous judgment. You shall not pervert justice. You shall not show partiality, and you shall not accept a bribe, for a bribe blinds the eyes of the wise and subverts the cause of the righteous. Justice, and only justice, you shall follow, that you may live and inherit the land that the LORD your God is giving you. (Deuteronomy 16:18-20)

When does God ever appoint a legislature?


Whether you have a plurality of judges or one, they are judges, not legislatures.  The only other position is that of an executive, whether a committee or a king.  Someone may give orders for a community, but he never invents new laws in the way we think.

And we never ever hear of someone who does something that everyone knows is wrong, getting away with it because there is no law that has covered it yet.  Nor do I think we find any distinction between private law and civil law.

Who came up with the idea that we needed committees authorized to meet continuously to make new laws.  What brain thought that the one thing that would be in continual short supply and in continual need of increase was laws?

No wonder laws seem so divorced from ethics.  The existence of legislatures presupposes there are no rules of behavior until they are invented by parliamentary procedure.

3 thoughts on “Legislatures are socialistic committes for laws

  1. Scott Moonen

    And Israel managed to survive for quite a long time without a police force, too.

    The idea of common law seems closely related here, grounded as it is in a judicial system.

    Also, at least for Britain, I think it would be correct to say that Parliament for quite a long time was much more a check on executive power than it was a source of new law.

    Lots of unwinding to hope for. And also the establishment of godly judges.

  2. Pingback: Mark Horne » Blog Archive » The analogy between national economic planning committees and legislatures

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