Rights & Rates

  • "Ordinary use of public roads and parks is a natural right and is not conditional on the payment of rates. The rating system is fraudulent since it assumes an obligation in cases where there is no delivery of service."

    Quoting William Blackstone:

    With regard to the first of these, the declaratory part of the municipal law, this depends not so much upon the law of revelation or of nature as upon the wisdom and will of the legislator. This doctrine, which before was slightly touched, deserves a more particular explication. Those rights then which God and nature have established, and are therefore called natural rights, such as are life and liberty, need not the aid of human laws to be more effectually invested in every man than they are; neither do they receive any additional strength when declared by the municipal laws to be inviolable. On the contrary, no human legislature has power to abridge or destroy them, unless the owner shall himself commit some act that amounts to a forfeiture. Neither do divine or natural duties (such as, for instance, the worship of God, the maintenance of children, and the like) receive any stronger sanction from being also declared to be duties by the law of the land. The case is the same as to crimes and misdemeanors, that are forbidden by the superior laws, and therefore styled mala in se [wrong in itself], such as murder, theft, and perjury; which contract no additional turpitude from being declared unlawful by the inferior legislature. For that legislature in all these cases acts only, as was before observed, in subordination to the great lawgiver, transcribing and publishing his precepts. So that, upon the whole, the declaratory part of the municipal law has no force or operation at all, with regard to actions that are naturally and intrinsically right or wrong.
    INTRODUCTION, SECTION 2: Of the Nature of Laws in General

    Black's dictionary of law, 5th ed.

    Liberty. Freedom; exemption from extraneous control. Freedom from all restraints except such as are justly imposed by law. Freedom from restraint, under con­ditions essential to the equal enjoyment of the same right by others; freedom regulated by law. The ab­sence of arbitrary restraint, not immunity from rea­sonable regulations and prohibitions imposed in the interests of the community.

    Quoting Blackstone again:

    Next to personal security, the law of England regards, asserts, and preserves the personal liberty of individuals. This personal liberty consists in the power of locomotion, of changing situation, or removing one's person to whatsoever place one's own inclination may direct; without imprisonment or restraint, unless by due course of law.
    BOOK 1, CHAPTER 1 Of the Absolute Rights of Individuals

  • So who should build and maintain public roads, and how is this paid for?

    IMO capable people should be remunerated by a trust which applies a levy against licensed road users, i.e. commercial transport operators like taxis and freight companies. Obviously the operation of the trust would be a matter of public interest so it's appropriate to have a democratic process for resolving policy issues like road safety and duty of care and administrative issues like levy levels .

  • Gezza@yournz writes:

    Who pays for the footpaths, and the maintenance of parklands and public amenities? How’s that to be done?

    Same approach as for public roads I expect, by levying non-ordinary use. Obviously ordinary use would vary depending local conditions, but like roading any policy decisions should be arrived at by a democratic process.

  • "Ok, so we all have to pay a levy to drive on the roads. That’ll have me reaching for my shotgun." ~ Gezza

    No, ordinary use is a right so licensing ordinary use would be fraudulent.


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