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:
“A good short story is a work of art which daunts us in proportion to its brevity.... No inspiration is too noble for it; no amount of hard work is too severe for it.”
—Elizabeth Stuart Phelps (1844–1911)
“If a man cannot do brain work without stimulants of any kind, he had better turn to hand work—it is an indication on Nature’s part that she did not mean him to be a head worker.”
—Thomas Henry Huxley (1825–95)
“Peace can endure only so long as humanity really insists upon it, and is willing to work for it and sacrifice for it. Twenty- five years ago American fighting men looked to the statesmen of the world to finish the work of peace for which they fought and suffered; we failed them, we failed them then, we cannot fail them again and expect the world to survive again.”
—Franklin D. Roosevelt (1882–1945)