The first laws, preceding man-made laws, preceding any state laws, are the laws of physics, from which there is no appeal, and the laws of biology or nature, which may be but don't seem to be quite so absolute. Within the leeway they seem to allow lies freedom, first, for individual choice. Any individual may, if he chooses, within that space, make his own laws governing himself. Self rule, historically preceding any state's law, initially establishes existential rights (you can call them human rights, basic rights, or fundamental rights, but they are, most logically, existential rights). That is, since we exist and can choose to do and are able to do some things, and since no cosmic will stronger than ours stops us, we have the existential right to do whatever we are able to do. Self rule, logically, only surrenders some precedence to laws agreed on between individuals or communities so that important things can be done together we can't do apart. Philosophically realistic laws thus begin with the social contract, a mutual defense pact between individuals, and progress to the laws of a community or state, as an extension of the social contract and as a codified commitment to work together and assume responsibilities as necessary to ensure that the state will effectively function for the benefit of the individual. Only to serve the purpose explained in the last 16 words of the last paragraph should people in any sense serve the states they create. States are logically created to serve people, not vice versa. Historically, states have been formed for baser reasons, but, so far as most of us are concerned, the state should be formed to ensure that all participants live a good, civilized life, wherein, through cooperative effort, those needs are met which can best or only be met through cooperative effort. Logically, a state is a mechanism through which people can do together what they can't or can't easily do apart. And that's it. Even an ideal state should not and does not logically have comprehensive authority over its participants. Willing participants should logically be expected to forfeit only those existential rights they need to forfeit to ensure the state will function effectively. |
