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JakobVirgil
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07 Sep 2012, 8:27 pm

To punish free-riders comes to mind as does to protecting the Weak and consolidating power.These things to seem to be contradictory or at least In tension with one another. It has to have some sort of social evolutionary origin. So what gives? What is the function of legal systems?

I am agnostic on the subject so I will argue against the theories presented. (with the secret hope of being convinced. )


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ruveyn
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07 Sep 2012, 8:29 pm

JakobVirgil wrote:
To punish free-riders comes to mind as does to protecting the Weak and consolidating power.These things to seem to be contradictory or at least In tension with one another. It has to have some sort of social evolutionary origin. So what gives? What is the function of legal systems?

I am agnostic on the subject so I will argue against the theories presented. (with the secret hope of being convinced. )


Ideally the law exists to protect life and property from aggressors and those who would defraud the weak and gullible. It is there to keep the peace in society.

ruveyn



JakobVirgil
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07 Sep 2012, 8:50 pm

ruveyn wrote:
JakobVirgil wrote:
To punish free-riders comes to mind as does to protecting the Weak and consolidating power.These things to seem to be contradictory or at least In tension with one another. It has to have some sort of social evolutionary origin. So what gives? What is the function of legal systems?

I am agnostic on the subject so I will argue against the theories presented. (with the secret hope of being convinced. )


Ideally the law exists to protect life and property from aggressors and those who would defraud the weak and gullible. It is there to keep the peace in society.

ruveyn


The earliest seem to be instituted by people in power Moshe, Hammurabi, The Pharohs, Ur-Nammu.
What interest do these folks have in the weak and the gullible?


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?We must not look at goblin men,
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Who knows upon what soil they fed
Their hungry thirsty roots??

http://jakobvirgil.blogspot.com/


ruveyn
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07 Sep 2012, 9:16 pm

JakobVirgil wrote:

The earliest seem to be instituted by people in power Moshe, Hammurabi, The Pharohs, Ur-Nammu.
What interest do these folks have in the weak and the gullible?


It is not a matter of altruism. It is a matter of principle --- right vs wrong.

ruveyn



JakobVirgil
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07 Sep 2012, 9:32 pm

ruveyn wrote:
JakobVirgil wrote:

The earliest seem to be instituted by people in power Moshe, Hammurabi, The Pharohs, Ur-Nammu.
What interest do these folks have in the weak and the gullible?


It is not a matter of altruism. It is a matter of principle --- right vs wrong.

ruveyn


That may be right but it is a proximal answer where does this altruism come from?

[The preceding was not a Socratic question I believe altruism exists I do not know were it comes from.]


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Their hungry thirsty roots??

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enrico_dandolo
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07 Sep 2012, 9:38 pm

In many monarchies with a strong aristocratic class, the point of the law was so the monarch could gain popular support against the aristocrats by limiting their exactions.



JakobVirgil
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07 Sep 2012, 9:41 pm

enrico_dandolo wrote:
In many monarchies with a strong aristocratic class, the point of the law was so the monarch could gain popular support against the aristocrats by limiting their exactions.


Stationary bandits?


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Their hungry thirsty roots??

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visagrunt
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10 Sep 2012, 11:03 am

I tend to the view that the purpose of law is to well order a society.

As for "altruism"--or any point of moral or ethical prinnciple--I think you will find nothing of the kind in the origins and purpose of law. The protection of the weak might be extolled as an expression of sovereign altruism, but I rather believe that it exists to preserve the weak person's economic contribution. Long before Adam Smith came alone, sovereigns were well aware that they needed a population to from whom to levy armies, raise taxes; and who could be relied upon to grown the food, and build the structures that were required to maintain sovereignty.

A society is, at root, the sum total of the interactions between its members. Law is the framework within those interactions take place.


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