Monday, June 12, 2006

LAW of the LAW

The law defines a set of boundaries between people. Trespass is the transgress of a (real estate) property boundary. Theft is the transgress of boundaries of tangible property (by claiming someone else's property). Assault is the transgress of a the property in one's body. Contracts refine property relations: for instance, a lease agreement allows you to rent someone else's property, subject to certain terms and conditions. The law also defines boundaries between individuals and government, such as due process and other civil rights (free speech, freedom of religion, etc., which set certain boundaries that the government may not transgress).

But what are the boundaries, if any, that keep the law itself bounded? Are there boundaries which prevent the law -- which itself is a set of boundaries -- from encroaching beyond certain defined limits?

If unfettered, can the law impede our autonomy, our ability to engage in self-government? Or is our willingness to allow the law to grow -- beyond any bounds -- merely a result of preexisting limitations of our faith self-government?

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