Is It Legal to Break the Law?
July 13, 2012 in Activism
By Richard Walbaum
Natural law is the law of cause and effect that underlies all of creation; in the current context it embodies those laws underlying mans inherent nature and social behavior. Natural law is not man-made. Man made bodies of law such as common law, administrative law, and equity, must conform to natural law, and why must they conform? For the same reason you don’t pour water into your gas tank, or drive nails with a screw driver. Violation of nature creates problems. You could even say that a gas engine has a right to gasoline, and a nail a right to a hammer. Man has a right to laws in accord with his God-given nature. The nature of the right determines the governing law, and laws contrary to nature are void to the extent of the violation.
How do you know when law conforms with natural law? Natural law has a feedback mechanism that points the direction. Actions in accord with natural law cause happiness, while violations cause suffering. Plus, our conscience, being the link to natural law, informs us. Some people are attuned to natural law more than others.
In our system or law, the judge decides the law and the jury decides the facts. The only question for the jury is: Did the person break the law? The jury is not allowed to decide if the law is appropriate. This system removes the jury’s link to natural law, conscience, making it an engine of oppression. Actually, the jury traditionally had and still has the right to judge the law, but the judge is not required to inform the jury of that fact. The system requires ignorance to make it work.
Would it be difficult to align our system of law with natural law? We actually have a tradition of natural law that is several thousand years old and is the foundation upon which the United States and Constitution are based. The Declaration of Independence states several of our rights: Life, liberty, and the pursuit of happiness, but we have many more. Natural law once informed the decisions of the courts, but fell into disuse in the early 1900s and is now dormant. We only need to start using it again, and we do that by claiming it.
How do we claim it? Scholars of natural law proclaim that any law that is arbitrary, unreasonable, or unjust is no law at all, and we have a right and duty to disobey. Cicero wrote that “wicked and unjust statutes were anything but law,” and “pestilential statutes … no more deserve to be called laws than the rules of a band of robbers.” “The most foolish notion of all is the belief that everything is just which is found in the customs or laws of nations.”
One Court stated:
“All acts of legislature apparently contrary to natural right and justice are, in our laws and must be in the nature of things, considered as void. The laws of nature are the laws of God; whose authority can be superseded by no power on earth. A legislature must not obstruct our obedience to him from whose punishments they cannot protect us. All human constitutions which contradict his laws, we are in conscience bound to disobey. Such have been the adjudications of our courts of justice.” Robin v. Hardaway, 1 Jefferson 109, 114 (1772).
Only by aligning with natural law can we restore justice and prosperity to our nation.
Richard Walbaum, the author of The LAWFUL Remedy to Tyranny, and Designed for Plunder, promotes the restoration of righteousness through natural law. Find Richard at www.NaturalLawRemedy.com; follow him @legaltender9.
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