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:
“How dare I read Washington’s campaigns, when I have not answered the letters of my own correspondents? Is not that a just objection to much of our reading? It is a pusillanimous desertion of our work to gaze after our neighbours. It is peeping.”
—Ralph Waldo Emerson (1803–1882)
“Working women today are trying to achieve in the work world what men have achieved all along—but men have always had the help of a woman at home who took care of all the other details of living! Today the working woman is also that woman at home, and without support services in the workplace and a respect for the work women do within and outside the home, the attempt to do both is taking its toll—on women, on men, and on our children.”
—Jeanne Elium (20th century)
“... married women work and neglect their children because the duties of the homemaker become so depreciated that women feel compelled to take a job in order to hold the respect of the community. It is one thing if women work, as many of them must, to help support the family. It is quite another thing—it is destructive of woman’s freedom—if society forces her out of the home and into the labor market in order that she may respect herself and gain the respect of others.”
—Agnes E. Meyer (1887–1970)