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To: pgyanke

>>Regulation of the environment so as to provide reasonably safe air and water<<

Obviously, you are not regulating the environment but people’s actions.

The foundation of American government was the social compact - where each individual on an equal basis compacted with others to lay aside their natural right to use personal force against trespass/injury, in exchange for an equitable institutional process to define, protect, prosecute and punish the trespass/injury of one against another.

Under the traditions of law we inherited, Viking/Saxon (tort) law was framed in terms of injuries to the individual rights of others: (1) physical rights of “were” (life or limb); psychological status rights of “mund” (peace or privacy); and ownership rights of private property.

Under the traditions of law we inherited from the maxims of Roman law came the basis of property law “sic utere tuo ut alienum non laedas. - each one must so use his own as not to injure his neighbor.” In addition to protections against individual trespass, the “police powers of government” were expanded to include the concept of public nuisance - dangers/injuries/trespass of such magnitude that they affect the general public. This is where government regulation of personal actions to protect public health, safety and morals from substantial injury came in.

In addition to these core government functions, was added the function of advancing or promoting the public benefit. (Unfortunately in the United States in the 20th century, the regulatory powers expanded as a de facto power to promote the public interest by force instead of just preventing injury.) This traditionally included the creation of roads and other infrastructure. This was to be accomplished by taxation for the common good and the creation of publicly owned property. All property was held subject to eminent domain - meaning that if the public needed the property for a legitimate public use, it could be taken as long as the property owner was made whole with just compensation.

In the United States, a great deal of effort was made to limit the power of government over individual liberty and freedom and to protect the individual from the tyranny of the majority.

That is the core of government according to Western and American traditions.


39 posted on 01/25/2008 11:25:37 AM PST by marsh2
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To: marsh2

There’s some good stuff here. Thank you.


40 posted on 01/25/2008 11:33:09 AM PST by pgyanke ("Huntered"--The act of being ignored by media and party to prevent name recognition)
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