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To: Shalom Israel

I wrote: "But their business is able to operate because of a system of public enforcement of contracts through the courts, and public protection of property and rights through the police forces. The system of law is what allows commerce to function so well in America, and allows the employer to operate secure in his possessions in the first place. The employer did not create that system of law, the people did. And the people have the right to regulate that which benefits from the system of laws."

You responded: "That is an extremely clear and articulated defense of fascism. You've clearly thought about this."

I respond: No, it is an extremely clear an articulated defense of the traditional understanding of the primacy of the rule of law in our democratic republic.

Employers are not free agents, able to do whatever they please in all circumstances.
And private property rights are not so absolute that one can do illegal things on private property.

They never, ever have been. There have been laws limiting employers and limiting private property rights for as long as there has been a Common Law.

Fascism has nothing to do with it.


49 posted on 08/31/2005 8:24:28 AM PDT by Vicomte13 (Et alors?)
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To: Vicomte13
No, it is an extremely clear an articulated defense of the traditional understanding of the primacy of the rule of law in our democratic republic.

You argue that because the government (which you call, cutely enough, "the people") facilitates markets, it has a right to impose any regulations it wishes on participants in the markets. "Government control of the markets" is the definition of fascism. You have articulately argued that because the government giveth (which is false), therefore the government has the right to taketh away.

Employers are not free agents, able to do whatever they please in all circumstances.

...because the government owns my private property, to the extent that they can tell me how to use it. So much for freedom of association. Sieg hiel.

54 posted on 08/31/2005 8:54:46 AM PDT by Shalom Israel (Pray for the peace of Jerusalem.)
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To: Vicomte13

>They never, ever have been. There have been laws limiting employers and limiting private property rights for as long as there has been a Common Law.

That does not make it right.

>Fascism has nothing to do with it.

Giving government control over private property does tend in that direction.


69 posted on 08/31/2005 11:24:27 AM PDT by chipengineer
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