Work
Van Dun published his book Het Fundamenteel Rechtsbeginsel (Dutch for The Fundamental Principle of Law) in 1983, in which he argued that a rationally convincing answer to the question "what is law?" can only be found by respecting dialogue and argumentation. He thus adheres to argumentation ethics justification of private law society or anarcho-capitalism. Based on this premise, Van Dun argues that every natural person (individual) has a lawful claim on his life, freedom and property. This claim is absolute, insofar it does not prohibit the equivalent claims of other natural persons, i.e. insofar as argumentation is respected.
Van Dun clearly distinguishes the lawful (ius) and the legal (lex). In his view, Western positive law systems reduce people to human resources, artificial persons with merely legal status. Positive law defines the legal but can only be lawful insofar as individuals have full secession rights from the institutional framework that is making said positive law. It logically follows that no judge can be forced upon a person who is willing to search a lawful solution for any conflict.
Van Dun claims that the correct interpretation of the non-aggression principle (NAP) is praxeological rather than physical, because property is a "means of action". He thus claims freedom before property instead of freedom as property. This implies that it's not necessarily only the last action in the chain of social causations that is unlawful. Consider the following examples:
- With regards to land encirclement, a praxeological NAP could imply a "freedom proviso" when the encircling land owner refuses to discuss a reasonable solution.
- With regards to copyrights, a praxeological NAP implies that the use of one's signature (as an expression of one's body as "means of action") could reasonably be considered more important than the physical freedom of exactly copying another person's signature with one's paper and ink.
- With regards to freedom of speech, a praxeological NAP could imply that it is unlawful for an individual to order an unlawful act, e.g. a general ordering a murder of someone willing to seek lawful solutions.
The freedom before property interpretation of the NAP is not widely accepted within the libertarian community. For example, Walter Block adheres to the freedom as property interpretation.
Read more about this topic: Frank Van Dun
Famous quotes containing the word work:
“The last thing one discovers in composing a work is what to put first.”
—Blaise Pascal (16231662)
“The truth is, the Science of Nature has been already too long made only a work of the brain and the fancy: It is now high time that it should return to the plainness and soundness of observations on material and obvious things.”
—Robert Hooke (16351703)
“Most women without children spend much more time than men on housework; with children, they devote more time to both housework and child care. Just as there is a wage gap between men and women in the workplace, there is a leisure gap between them at home. Most women work one shift at the office or factory and a second shift at home.”
—Arlie Hochschild (20th century)