Law and Society

From the book Human Action, by Ludwig von Mises:

“Within the frame of social cooperation there can emerge between members of society feelings of sympathy and friendship and a sense of belonging together. These feelings are the source of man's most delightful and most sublime experiences. They are the most precious adornment of life; they lift the animal species man to the heights of a really human existence. However, they are not, as some have asserted, the agents that have brought about social relationships. They are fruits of social cooperation, they thrive only within its frame; they did not precede the establishment of social relations and are not the seed from which they spring.

The fundamental facts that brought about cooperation, society, and civilization and transformed the animal man into a human being are the facts that work performed under the division of labor is more productive than isolated work and that man's reason is capable of recognizing this truth. But for these facts men would have forever remained deadly foes of one another, irreconcilable rivals in their endeavors to secure a portion of the scarce supply of means of sustenance provided by nature. Each man would have been forced to view all other men as his enemies; his craving for the satisfaction of his own appetites would have brought him into an implacable conflict with all his neighbors. No sympathy could possibly develop under such a state of affairs.”

http://www.mises.org/humanaction/chap8sec1.asp#p143

“Man cannot have both the advantages derived from peaceful cooperation under the principle of the division of labor within society and the license of embarking upon conduct that is bound to disintegrate society. He must choose between the observance of certain rules that make life within society possible and the poverty and insecurity of the "dangerous life" in a state of perpetual warfare among independent individuals. This is no less rigid a law determining the outcome of all human action than are the laws of physics.”

http://www.mises.org/humanaction/chap15sec6.asp#p280

From the book Ethics of Liberty, by Murray Rothbard:

“For the assertion of human rights is not properly a simple emotive one; individuals possess rights not because we “feel” that they should, but because of a rational inquiry into the nature of man and the universe. In short, man has rights because they are natural rights. They are grounded in the nature of man: the individual man’s capacity for conscious choice, the necessity for him to use his mind and energy to adopt goals and values, to find out about the world, to pursue his ends in order to survive and prosper, his capacity and need to communicate and interact with other human beings and to participate in the division of labor. In short, man is a rational and social animal. No other animals or beings possess this ability to reason, to make conscious choices, to transform their environment in order to prosper, or to collaborate consciously in society and the division of labor.

Thus, while natural rights, as we have been emphasizing, are absolute, there is one sense in which they are relative: they are relative to the species man. A rights-ethic for mankind is precisely that: for all men, regardless of race, creed, color or sex, but for the species man alone”

http://www.mises.org/rothbard/ethics/twentyone.asp

The Ethics of Liberty:

Hesselberg continues:

“But a social order is not possible unless man is able to conceive what it is, and what its advantages are, and also conceive those norms of conduct which are necessary to its establishment and preservation, namely, respect for another's person and for his rightful possessions, which is the substance of justice. . . . But justice is the product of reason, not the passions. And justice is the necessary support of the social order; and the social order is necessary to man's well-being and happiness. If this is so, the norms of justice must control and regulate the passions, and not vice versa.”
http://www.mises.org/rothbard/ethics/two.asp

All organizations have a “code of conduct”. Even the mafia has it. It is the very foundation on which they last. It is an illusion to believe that this is not so.

In a society there must, also, be a “code of conduct” i.e. a legal code. A society cannot function without those norms. As Mises, Rothbard and Hesselberg have pointed out, without a society we lose, so the great question is not if we should have a lawless society as it cannot exist and is an illusion, but rather something else which we, therefore, cannot avoid to answer; which legal norms or principles are Just and true?

Björn Lundahl
Göteborg, Sweden