solzhenitsyn
Thinker
- Joined
- Feb 6, 2011
- Messages
- 187
Almost forgot my second point.
You use the word government and state, are they the same? It lloks to me like you were trying to use some deceptive lawyer type tricks. You agree that the government is composed of people, and bound by the law, but then you introduce a new word, state, and claim they are bound by the rules of the state. But is not the state and the government the same thing?
There is a slight difference. The "state" usually refers to the institutions of an organized political community (i.e., the constitution, the courts, the police, the military, etc.) The government usually refers to the actual legislators. In Canada, governments change every election whereas the state endures (well, until the revolution anyway.) In any event, they are also often used interchangeably, and I didn't really mean to make any meaningful distinction in the context that I was using them.
Let us assume they are.
The government/state is composed of people.
They are bound by the law.
But now you say they are bound by the rules they make up, what with them being the state.
So you have a group of people who are bound by the rules they make up.
Yes, all of these things are true.
Sounds fair, but you also claim that those rules also bind other people not members of that group.
Yes, also true.
How is that so?
It is so because the government/state have an army and the "other people not members of that group" do not (or if they have one, it is inferior.) This is the general pattern of history since the dawn of civilization.
We agreed they are bound by the law, before they ever start making up words, calling them rules and claiming to be the state or the government.
There is no law without a government of some kind. It is not possible. The definition of the word law is:
Source: http://dictionary.reference.com/browse/lawLaw
noun
1.
the principles and regulations established in a community by some authority and applicable to its people, whether in the form of legislation or of custom and policies recognized and enforced by judicial decision.
No authority, no legislation, no courts (i.e., no judicial decisions), then no law (i.e., wangdoodle.)
Since they are bound by the law, before they are 'the state' as you have agreed, then they are bound by the concept of equality, and thus they cannot simply make up rules, agree to be bound by them, and then impose them on everyone else. Because they are bound by the law, and are equal with others. If they have the power to do so, they are not bound by the law. If they are bound by the law, before they are 'the state' or 'the government' and start making up rules, then they simply cannot. For if they are bound by the law, and are equal with others, they lack the authority to do so.
The people in the government are not bound by "THE CONCEPT OF EQUALITY" at all. Only the wangdoodle can bind the government to a concept of equality. In Canada, we are lucky enough to live in a place where the wangdoodle does bind the government to a concept of equality. It is fairly straightforward to determine what the scope and limits of that concept of equality are. The wangdoodle concept of equality can change, and indeed, it often does. For example, a hundred years ago, women were not entitled to vote in Canada. So clearly, a hundred years ago, the wangdoodle did not even bind the government to any concept of equality at all (or at least it was a far different concept of equality than the one which the government is bound by today.)
I see you using the word state as a way of trying to avoid an examination of the source nature and limits of the state authority. Unless you wish to claim the people in the government are bound by the rules of the state, and are not the state, you are saying the people in the government are bound by the rules of the government. Unless 'the government' and 'the state' are two separate things, why would you introduce the term? I see only one reason. Let's see what happens when you replace 'the state' with 'the government' and what we end up with.
Not at all. Please see above.
People in the government are bound by the law, and the law is the rules the same people in the government make up, and they are the government because they make up those rules.
They are the government because (1) they have an army sufficient to force the people to obey the government; and (2) because the people in their territory generally see them as the legitimate authority in that territory (and therefore generally follow the rules of the government anyway.) Some governments rely more on (1) to maintain their position as government, other governments rely more on (2) to maintain their position as government.
Say it like that and the idiocy of the statement is obvious.
Agreed.
Add the distracting term 'the state' to replace the second use of the term 'people in the government' and you have a chance of your logical inconsistency being missed.
Nice try Sol, but 'the government' and 'the state' are the same thing, and they are composed of people bound by the law, and thus they are neither the state nor the government without the consent of those whom they govern, and it is this consent which empowers them to do so.
Source, nature and limits of 'the state's' authority. That is the gist of this discussion, and saying 'rules of the state' to avoid the fact that they are just people, and they are in fact 'the government' does not change the truth. Nice try though.
I think I've already addressed these points. The source, nature and limits of the state/the government's authority are the extent to which: (1) the government have an army sufficient to force people to obey the government; and (2) the extent to which the people in the government's territory generally see the government as the legitimate authority in that territory (and therefore generally follow the rules of the government anyway.)