Archive for the ‘Philosophical Foundations of Liberty’ Category

When OUR ENEMY THE STATE appeared in 1935, its lit­er­ary merit rather than its philo­sophic con­tent attracted atten­tion to it. The times were not ripe for an accep­tance of its pre­dic­tions, still less for the argu­ment on which these pre­dic­tions were based. Faith in tra­di­tional fron­tier indi­vid­u­al­ism had not yet been shaken by the course of events. Against this faith the argu­ment that the same eco­nomic forces which in all times and in all nations drive toward the ascen­dancy of polit­i­cal power at the expense of social power were in oper­a­tion here made lit­tle head­way. That is, the feel­ing that “it can­not hap­pen here” was too dif­fi­cult a hur­dle for the book to overcome.

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A patriot will say that a sol­dier “serves” his coun­try; oth­ers may take him to task for his blind obe­di­ence. Acts con­sid­ered “mur­der­ous” in peace­time are hailed as “noble” in war, and so on.
Some words can never be reha­bil­i­tated – and nei­ther should they be. Nazi, evil, incest, abuse, rape, mur­der – these are all words which describe the black­est impulses of the human soul, and can never be turned to a good end.

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As a corol­lary to the propo­si­tion that all insti­tu­tions must be sub­or­di­nated to the law of equal free­dom, we can­not choose but admit the right of the cit­i­zen to adopt a con­di­tion of vol­un­tary outlawry.

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Men are like hand­some race horses who first bite the bit and later like it,” and even “learn to enjoy dis­play­ing their har­ness and prance proudly beneath their trap­pings.” They “grow accus­tomed to the idea that they have always been in sub­jec­tion, that their fathers lived in the same way; they will think they are obliged to suf­fer this evil, and will per­suade them­selves by exam­ple and imi­ta­tion of oth­ers, finally invest­ing those who order them around with pro­pri­etary rights, based on the idea that it has always been that way.”

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As a result of the Act, the great body of the Eng­lish com­mon law became, so far as applic­a­ble, in force in this state, and remains in force except so far as it has been mod­i­fied or repealed by statute, or changed or mod­i­fied by cus­tom as found in deci­sions of our courts. The com­mon law, when applic­a­ble, is as much a part of the law of the state, where it has not been expressly abro­gated by statute, as the statutes them­selves. In other words, Illi­nois is a com­mon law state.

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I had promised myself that I would not send a mes­sage to this list on Inde­pen­dence Day due to the fact that I find myself in low spir­its when reflect­ing on the state of our nation, but I did not promise that I would not send a mes­sage AFTER Inde­pen­dence Day, which I pre­fer to […]

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