Friday, February 20, 2009

THE INDIVIDUAL AS A BEARER OF RIGHTS/CIVIL DISOBEDIENCE

Phillip Bobbitt says in “Shield of Achilles” (in reference to the Grotian View), that “being a source of law, the individual person is a bearer of rights.” He also says, “Natural Law is a source of the rules that govern states because man is a creature of nature and all his activities are governed thereby.” What does this mean?
Thomas Jefferson says in the unanimous Declaration of the thirteen united States of America of 1776, 180 years after Grotius, “When in the Course of human events it becomes necessary for one people to dissolve the political bands which have connected them with another and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.” What does this mean?
It is my understanding that Natural Law is the law which operates independent of anything Man can do. When Man does anything that violates that law, he is outlaw, and must be reconciled to it by becoming obedient to that law again; paying any recompense that must be paid for the damage done by violating that law. In the spiritual world, we see Natural Law as God’s Law, that body of Laws both temporal and spiritual which He, God, has determined to be the Law for this planet and for His people, Mankind. In the political world, Natural Law is the body of Laws which pre-exist any form of state or social organization. This means that Rights, as we understand them, exist because God bestowed them upon Man and made each individual Man a bearer of those rights by virtue of his birth into this mortal world. Those rights are pre-existent and cannot be violated without accountability before the Judge of the Universe. No State, therefore, can create or bestow Rights with impunity. We are not obligated to obey any laws which violate our Pre-existent Rights. We can choose to obey laws which violate those Rights because the State can use the threat of force to impel our obedience, or we can practice civil disobedience by asserting our rights through refusal to obey that which violates our Rights. A classic example of this is the story of Daniel in the Old Testament. Natural law, that is, God’s Law, requires Daniel to show obeisance to God and God alone, through daily prayer. The State, in the personage of the King, is persuaded to command obeisance to himself, in violation of the Natural Law to show obeisance to God, the Creator of All. Daniel must now choose between obedience to God and obedience to State. He chooses God because Natural Law trumps the Law of the State. We call this Civil Disobedience. He is arrested, tried, and given a sentence of death by lion. God protects him from the lions because they obey Natural Law, when God speaks they listen. The State, in the personage of the King, is now persuaded that Natural Law is superior to the Law of the State, frees Daniel, and, in an example of sowing what you reap, feeds the now very hungry lions, those men who counseled him unwisely to violate Natural Law.
We must begin to practice Civil Disobedience by knowing what is voluntary and stop complying. For example, learn what is a proper use of your Social Security number, and stop providing it. If there is a law or statute or regulation that violates that proper use, then work to change it. Apply this principle of Civil Disobedience to all things which you know to be beyond the Natural Law of government provided by God. The proper role of government, i.e., State, is to protect life, liberty, and property, in those areas in which the individual, as bearer of rights, has delegated to that State, and no other function shall it seize upon as its own.

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