quarta-feira, abril 23, 2014

Secessão "ilegal"

Secession and the Law por Butler Shaffer:
While I do not recognize a “social contract” as the origins of the state, I am quite willing to use the statists’ fabrication of such a transaction against them. By their nature, contracts are agreements voluntarily entered into by two or more persons to exchange claims to the ownership of property interests. Courts often refer to this voluntary nature as “mutual assent.” When one is forced, through threat of violence, to part with some property interest – as occurs when a street-mugger takes money from another at gun-point – a crime, not a contract, has taken place.
When we attach ourselves so strongly to an abstraction that our minds have created, that we identify our very being with it; it becomes difficult for us to examine how such an attachment might contribute to the problems ensuing from our actions. To what extent, in other words, does our thinking contribute to the difficulties we experience in our institutionalized world?

Whether we are considering questions in the realm of religion, science, law, or other subjects, we encounter a truth that few people are willing to consider: no system of thought can be self-validating.
It is on the basis of such thinking that politicians, judges, and other statists assert that “secession” is “illegal.” If the Constitution does not specifically provide for this remedy, it does not exist; it is unlawful to pursue it. That such a proposition negates not only the Declaration of Independence, but the “social contract” theory upon which the state depends for bamboozling the public, is conveniently ignored by the statists. Many even go so far as to argue that the Civil War proved the illegality of secession, a conclusion that disregards the American colonials seceding from their then-present British government in a Revolutionary War aided by the ideas and spirit in the Declaration of Independence.

“Secession” .. is, in other words, a philosophical question; one that requires recourse to deeply-held principled beliefs. Just as those nineteenth century libertarians who sought to abolish slavery had to rest their arguments on metasystems of thought that transcended constitutional, statutory, and other formal legal standards; the secession question cannot be answered by the political authorities who control, for their benefit, the coercive machinery that continues to grind down, loot, and destroy those who seek to liberate themselves from its inhumane practices.
Whether mankind is to survive, or bring about its own extinction, will depend largely on the premises that underlie our social organizations. Will they exist as voluntary, cooperative systems through which individuals can mutually achieve their respective interests; or will they continue to function as herd-oriented collectives that allow the few to benefit at the expense of the many? ..

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