RULE OF LAW IS NOT A MATTER OF OPINION Either laws completely and totally limit

RULE OF LAW IS NOT A MATTER OF OPINION

Either laws completely and totally limit our executives in all circumstances other than defensive warfare, or there is no rule of law. Administrative ‘law’ is an impossibility. We can issue administrative commands, and by deceit, claim that they hold the same properties as law. We can issue regulatory commands, and by deceit claim that they hold the same properties as law. But they always have been convenient deceits – to grant to arbitrary human wish that which is necessary law of cooperation.

Law is discovered, and recorded by neutral jurists, no less scientifically than physical laws, biological processes, and mechanical operations: as we invent new means of involuntary transfer – from the most simplistic and obvious violence theft and fraud, to the most indirect and obscure socialization of losses, privatization of commons, rent seeking and free riding – we register this new means of involuntary transfer (just as we register patents) as new prohibitions on involuntary transfer: law.

We can choose to construct contracts for the production of commons, using government, and we can resolve those contracts in courts, using laws. But beyond the voluntary production of commons, all else is usurpation and command.