Tag: Rule of Law
Randall Holcombe | Thursday December 21, 2017 at 2:31 PM PST | Comments Off on Rule of Law: Order Versus Justice
One of the most important factors that generate prosperity is rule of law, which means having an objective set of laws that apply to everyone. Rule of law provides the incentive for people to engage in productive activity so they can prosper themselves by producing value for others. In the absence of rule of...
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Tags: Civil Liberties, Criminal Justice, Law, law and order, Personal Liberty, Power, Restitution, Rule of Law, The State
Lawrence J. McQuillan | Thursday September 28, 2017 at 5:35 PM PST | Comments Off on Transcending Government — A Future of Competitive Governance Driven by “Governance Entrepreneurs”
In a little-known 2006 World Bank report Where Is the Wealth of Nations? a team of economists provide a snapshot of wealth in 120 countries, and they find that governance is key. A full 46 percent of total wealth in high-income countries derives from the rule of law, the most important factor. This is an...
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Tags: Andrei Shleifer, charter cities, civil law, common law, competitive governance, creative destruction, Dubai, Friedrich Hayek, governance, governance entrepreneurs, governance entrepreneurship, governance systems, human capital, legal origins, path dependency, Ross Levine, Rule of Law, special economic zones, voluntary cities, wealth, wealth of nations, World Bank
Jonathan Bean | Friday July 28, 2017 at 9:38 AM PST | 0 Comments
(continued from Part II) After the Watts riot of 1965, bureaucrats in the administrative state (e.g., EEOC, Small Business Administration) created racial preferences in employment and lending programs based on their own administrative authority, not any explicit authorization from the Congress. Indeed, the Democratic majority (and the Republican minority) were adamantly opposed to racial discrimination...
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Tags: colorblindness, Constitution, Detroit, Detroit riot (1967), EEOC, MENA, Middle Eastern North African, Rule of Law, Small Business Administration, Ward Connerly, Watts riot
Jonathan Bean | Thursday July 27, 2017 at 1:35 PM PST | 0 Comments
Throughout American history, government at all levels has used race to categorize, enslave, segregate, regulate human behavior, and limit immigration with “nationality” quotas that served as substitutes for race. Categorizing by race was essential to racist agendas.
In response, classical liberal civil rights activists struggled to eliminate government-mandated racial categories. They were anything but naive: racism was real, categories or no categories, but the government stamp of approval made things worse–and caused constant mischief in the ever increasing addition of group categories in the census or in immigration statutes. The only feasible solution was the most radical one: the complete elimination of government racial categories. Individuals might discriminate but would no longer have the support of the State. With time, classical liberals felt, the irrationality of racism and xenophobia would give way to better human relations.
Tags: affirmative action, Black capitalism, civil rights, classical liberty, colorblindness, Constitution, Criminal Justice, Detroit, Detroit riot (1967), Frederick Douglass, James Forten, Louis Marshall, Loving, Martin Luther King Jr., NAACP, Police, Politics, politics of crisis, Richard Nixon, riots, Rule of Law
Jonathan Bean | Sunday July 23, 2017 at 12:53 PM PST | 0 Comments
Fifty years ago today (July 23, 1967), the largest urban riot of the 1960s rocked Detroit for five days (July 23-28). An encounter with the police (shutting down an illegal after-hours bar), sparked looting and arson on a scale far surpassing the riots that had burned in other American cities. While such riots often started with incidents involving law enforcement, the police were ordered—again and again—to stand down and let a small minority of African Americans loot property of small business owners (both black and white).
The Detroit Riot marked a turning point in how American policymakers dealt with race. The classical liberal tradition of civil rights, with its emphasis on rule of law and equal protection (regardless of race) gave way to policies that purposely treated minorities as “protected categories” deserving of treatment not accorded other citizens.
Tags: affirmative action, American History, Black capitalism, civil rights, Constitution, Criminal Justice, Detroit, Detroit riot (1967), Martin Luther King Jr., Police, Politics, politics of crisis, Richard Nixon, riots, Rule of Law
Robert Higgs | Friday August 12, 2016 at 12:03 PM PST | Comments Off on So-called Police Misconduct
“Police misconduct” is a term one hears from time to time. Some people complain about it. Most, however, refer to it as simply a mistaken idea advanced by disgruntled ne’er-do-wells who refuse to accept that only a few “bad apples” among the police ever do anything wrong—and when they do it’s for altogether understandable...
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Tags: Asset Forfeiture, militarized policing, policing, Rule of Law
Alvaro Vargas Llosa | Thursday October 7, 2010 at 4:12 PM PST | 14 Comments
The 2010 Nobel Prize in Literature awarded to my father, Mario Vargas Llosa, is great news for those of us who value freedom. His work, as the Swedish Academy recognized in its public statement, explores the oppressive structures of power and the plight of the individual who rebels against them. His novels examine this...
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Tags: Art, Civil Liberties, Civil Society, Culture, Economics, Entertainment, Family, free enterprise, Free Market, human rights, individual liberty, Integrity, Latin America, Law, Liberty, Mario Vargas Llosa, Media, Morality, Natural Law, Nobel Prize in Literature, novelist, Personal Liberty, Peru, Philosophy, Politics, Power, private property, Privatization, Property Rights, Rule of Law, Swedish Academy, The State
David J. Theroux | Saturday February 13, 2010 at 6:17 PM PST | 8 Comments
In an article in the Los Angeles Times on November 29th, “The case against military tribunals,” Judge Andrew P. Napolitano presented his opposition to military tribunals in the U.S. government’s undeclared “war on terror.” It’s a violation of the Constitution to use the panels without a declaration of war—and just calling it a “war”...
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Tags: Afghanistan, Andrew Napolitano, Barack Obama, Barry Goldwater, Bill O'Reilly, Civil Liberties, conservative, Constitution, Corruption, Criminal Justice, due process, Fox News, Franklin D. Roosevelt, George W. Bush, Glenn Beck, Integrity, Iraq, Law, Liberty, Middle East, Military, military tribunals, Morality, Natural Law, Nazi saboteurs, Personal Liberty, Presidential Power, Ronald Reagan, Rule of Law, Torture, Transparency, War, World War II
Anthony Gregory | Monday May 12, 2008 at 12:59 PM PST | 0 Comments
I have an article defending rules, order and the natural law, as opposed to state lawlessness, here.
Tags: Anarchy, Criminal Justice, Natural Law, Rule of Law, The State
Anthony Gregory | Monday April 7, 2008 at 1:16 PM PST | 8 Comments
[NB: I wrote this piece for the Libertarian Perspective over a week ago. It hasn’t gone online yet, so I’m posting it here. Some updates at the bottom] The Formula for a Police State by Anthony Gregory On the night of March 15 in an Oceanside, California, parking lot, after a dispute over one...
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Tags: Civil Liberties, Police, Police State, Rule of Law