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I have no innate right to use government roads. Likewise, kids do not have rights the same way an adult does. The government can compel education until you're
by vorpalhex 6y ago
I have no innate right to use government roads.
Likewise, kids do not have rights the same way an adult does. The government can compel education until you're 18 (thankfully).
We do not have laws because they are good. It is the case that some laws are good, but we have laws because the goal of governments is to govern the people. The difference between a democracy and an oligarch is the source of that right.
I have no special rights over you. I am not any better, I am not empowered by any god or special bloodline. I, if elected in a democracy, can pass laws but I can't limit your rights. I can't compel you to worship somebody, limit what you say or take your property - even if I have a good reason.
- kilroy_jones 6y agoWell, being good and for the public good are separate concepts in my mind. That aside, you never addressed the smoking, seatbelt or helmet laws with regard to adults. Permissible or not?
- vorpalhex 6y agoSmoking laws are restrictions. You can't smoke within 30ft of an eating establishment or in a car with a child. You want to go home and chain smoke yourself to cancer? Have fun. Likewise, you couldn't restrict smoking at home typically. Seatbelt and helmet laws are a condition of using property that isn't yours (the road). Likewise for drivers licenses and minimum road hours. A good case here is the Texas anti-sodomy law (Lawrence v Texas) that was struck down in 2006(!) after being used to go after gay men. Here Texas made claims it was acting for the public good, SC ruled the state had no presence on a private matter outside the public eye.
- BubRoss 6y agoWhat about wearing pants? Is wearing pants a compelled action?
- vorpalhex 6y agoWould you be running around naked unless someone required otherwise? Some of us just enjoy wearing comfy pants.
- fzeroracer 6y agoYou seem to be changing the argument rather than answering the question. Do you believe public decency laws are the result of the state overextending its hand?
- BubRoss 6y agoYou are doging the question, maybe because you realize that you can't answer it without lying or contradicting yourself. Do you agree with the fact that you are compelled to wear clothes? After all a mask is essentially clothing.
- PaulDavisThe1st 6y ago> Seatbelt and helmet laws are a condition of using property that isn't yours (the road). "Mask laws" are a condition of using property that isn't yours (the road, the town square, the park, the trail). Nobody is going to force you to wear on mask on your own property.
- vorpalhex 6y agoThe government doesn't own public property. The public does. This is a subtle point. Now, can Wholefoods (to pick a private business) force you to wear a mask as a condition of using their store? Absolutely. Can your friend demand you wear a mask before you hang out and use their pool? Sure. Can the government demand you use a mask on non-government owned land? No. Can the government demand you wear a mask before entering a courthouse? Well, that becomes a whole thing and the answer is "maybe?".
- PaulDavisThe1st 6y agoThe word "public" was used in both cases. There is no "government" as an owner of anything. Anything not owned by individuals (within the USA) is owned by some sector of the public (either the entire nation, or a state, or a city etc. etc.). Governments do not own courthouses, they do not own national parks. Governments are the structures we use to make decisions about legal, economic and social policy. They are not owners - the public is. But I've forgotten your posting history, so I can't really tell if we're in violent agreement or if you're just flipping your terminology around.
- bloak 6y ago> Seatbelt and helmet laws are a condition of using property that isn't yours (the road). In England, at least, the law also applies in the (somewhat unusual) circumstances that you happen to own the road. Going meta here: There seems to be a mental condition that causes people to try to interpret everything in terms of contracts and property rights. In extreme cases it leads to phenomena like https://en.wikipedia.org/wiki/Freeman_on_the_land https://en.wikipedia.org/wiki/Freeman_on_the_land
- pdonis 6y ago> I have no innate right to use government roads. Yes, you do, if you're a member of the public and a taxpayer.
- vorpalhex 6y agoCan you drive without a license or insurance? Can you legally walk down a highway?
- pdonis 6y ago> Can you drive without a license or insurance? Current law does not allow you to do this, yes. But current law also allows you to be ticketed if you exceed the speed limit. So obviously not all of current law is consistent with the basic principle I have stated. The application of the basic principle I stated to these cases should be obvious. (Btw, it seems a little odd for you to be saying, on the one hand, that certain current laws are wrong--such as the 65 mph speed limit--and on the other hand to be relying on other current laws for your understanding of what "rights" you have. Surely you should apply the same principles to all of the laws?) > Can you legally walk down a highway? I actually don't know what the law is on this one. The application of the basic principle I stated to this case, as to the ones above, should be obvious.
- dragonwriter 6y ago> > Can you drive without a license or insurance? > Current law does not allow you to do this, yes. Current law in much of the US absolutely allows this, as long as you aren't on a public road or private property where the owner has opted-in to the rules generally applicable to public roads. Of course, most of the interesting trips a person might want to take by car involve traversing public roads.
- tomrod 6y agoNobody checks these conditions when I use the roads. I could be a tax avoider and my use of the roads is unimpeded. Arrest of my use of the roads is consequent to being arrested for tax noncompliance, but I am not expressly forbidden from use of the roads. Indeed, I could go live under a bridge and never pay taxes, and I would still be able to access and use roads.