BY ILANA MERCER
Read the judicial rules for radicals issued by the United States Court Of Appeals for the Ninth Circuit, in affirmation of the ban on The Ban.
It follows the Executive Order issued by President Donald Trump, with the imprimatur of 62 million voters, to protect the nation from foreign terrorists entering into the United States. Continue reading
By ilana mercer
Donald Trump is the gift that keeps giving. The week is still in its infancy, but the president has already made Chucky Schumer cry, fired Acting Attorney General Sally Yates within hours of her acting up, and caused the Forgotten Man to go even harder for their president. This Trump accomplished by inadvertently exposing the Democrats as firmly in the camp of Hollywood harridans, tech execs, the immigration lawyers lobby, the global refugee industry; and in the grip of the international human rights octopus. Continue reading
All in all, the Supreme Court judgement on Brexit is, politically, for the best. The Brexit legislation is now near certain to pass through both Houses of Parliament within the next three weeks, and if it doesn’t there would be a General Election in April or May and both the Labour Party and/or the House of Lords would be obliterated for good. That fall-back position in itself might be a good thing. Continue reading
Observing the Supreme Court Brexit proceedings confirmed in my mind the minimal skills required to be a ‘lawyer’. The quality of the debate was abysmal and there was little focus on the straightforward actual issue in the case.
There was a definite flavour of what we routinely see in civil court proceedings. There is no proper ‘due process’ whatsoever. There is not and never has been ‘rule of law’ in the UK. We congratulate ourselves on our ‘rule of law’, but that’s just lazy wishful thinking. What we have is rule by judges, which is similar in its fundamental nature to the systems operating in the worst regimes in the world. Continue reading
We have had the four days of the Supreme Court hearing which is now over and the judges will not issue their written verdict until the New Year.
It has been four days of extreme tedium, full of highly-paid briefs over-egging the pudding with too many examples to prove a particular point, much irrelevant argument, a huge amount of referring to batch that and manuscript number this with frequent inability of all eleven judges being able to find the relevant document, and shameless toadying by the presenting lawyers with frequent references to cases that one or the other of the Supreme Court judges had presided over. Continue reading
About ten years ago, the Belgian philosopher of law Frank van Dun published a paper entitled “Concepts of Order.” In that paper he gives, among much else, an account of what he calls the convivial order. In this order, “people live together regardless of their membership, status, position, role or function in any, let alone the same, society.” It appeared in a book “Ordered Anarchy: Jasay and His Surroundings,” published in 2007 as a tribute to Anthony de Jasay. It has been preserved on the Internet on Anthony Flood’s website here .
Around the same time, the German-American libertarian philosopher Hans-Hermann Hoppe published a paper, “The Idea of a Private Law Society” . That paper outlines some of the institutions, which might maintain order and justice in societies without political states.
Recently, I re-read Frank van Dun’s work in this area, and I find it seminal. I was surprised and rather disappointed to find no evidence of anyone having tried to build on his framework in the intervening decade or so. So today, I’ll try to build on the theoretical ideas of Frank van Dun and the practical suggestions of Hans-Hermann Hoppe. I’m going to sketch a picture of how people might be able to live together, and resolve their disputes, without a state or a “sovereign.” Continue reading
Libertarianism Is Only a Theory of Law
By Rik Storey
21st November 2016
I am tired of both libertarians and their critics misrepresenting my beloved libertarianism by insisting that I am party to some sort of cult which teaches that some unspecified deity has written the non-aggression principle on tablets of stone. I have lost count of the number of times I have had to parrot the most notable libertarian scholars – libertarianism is just a theory of law, not an entire ethical system, complete with cultural mores, which must be imposed on everyone. As Lew Rockwell put it, ‘Libertarianism is concerned with the use of violence in society. That is all. It is not anything else. It is not feminism. It is not egalitarianism… It has nothing to say about aesthetics. It has nothing to say about religion or race or nationality or sexual orientation.’ Continue reading