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The Superiority of the Roman Law: Scarcity, Property, Locke and Libertarianism

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The Superiority of the Roman Law: Scarcity, Property, Locke and Libertarianism (Mises, Aug. 17, 2010) (archived version with comments)

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  • A Texas Libertarian December 31, 2020, 2:41 pm

    The Lockean Proviso is certainly misguided. You need property rights especially when supplies or resources are dwindling or there is not ‘enough to go around’.

    It has always been a Christian directive to help those in need, but I think Enlightenment thinkers, like Locke and Hobbes, took this noble duty from Christianity and entrusted it to the State. I think much if not all of what’s wrong with modern governance is due to the filtering of latent Christian feelings, principles, and imperatives through the Satanic institution of the State.

    Instead of Christian brotherhood, we get Communist comradeship. Instead of voluntary alms to the poor and needy, we get the Welfare State. Instead of Christian equity and justice, we get Equality and Social Justice. And on and on.

    “The modern world is not evil; in some ways the modern world is far too good. It is full of wild and wasted virtues. When a religious scheme is shattered…it is not merely the vices that are let loose. The vices are, indeed, let loose, and they wander and do damage. But the virtues are let loose also; and the virtues wander more wildly, and the virtues do more terrible damage. The modern world is full of the old Christian virtues gone mad. The virtues have gone mad because they have been isolated from each other and are wandering alone. Thus some scientists care for truth; and their truth is pitiless. Thus some humanitarians only care for pity; and their pity (I am sorry to say) is often untruthful.” – G.K. Chesterton

  • A Texas Libertarian December 31, 2020, 2:51 pm

    Are you familiar with Fritz Kern’s “Kingship and Law in the Middle Ages”?

    I could be wrong, since it was a while ago that I read my copy of his book (and it’s currently packed away in a box), but I think I remember him having the opinion that it was the reemergence of ancient Roman legal codes in the later Middle Ages that helped give legal justification to absolute states in Europe several centuries later. This along with the misguided notion of Christian Passive Obedience to tyranny were the two main currents I believe in his writing.

    Not that his word on the subject is final or anything, but I think his book is valuable, and I believe it was cited by Hoppe in either “Democracy” or “A Theory of.”

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