03-08-13, 05:23 PM
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#39
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Wayfaring Stranger
Join Date: Apr 2005
Location: Massachusetts
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Quote:
Originally Posted by Platapus
Dowly,
Well, there are two philosophies about this
1. Everything is prohibited unless permitted. Meaning that in order to do something, I need to justify it. This is the position you took in wording your question
2. Everything is permitted unless prohibited. Meaning that there needs to be justification for why something should not be done.
Which philosophy is correct? They both are, depending on the population and the circumstances.
In my opinion, philosophy 2 should apply to citizens. I should be able to do anything I want, unless there is a law/regulation prohibiting it. Citizens don't need to justify why they want to do something, the government must justify why the citizen should not be allowed to do it.
Philosophy 1 should apply to governments. The government should only be permitted to do stuff they are specifically authorized. If the government wants to do more, it has to justify why.
In your knife instance, I should be able to carry a knife, without justification. It is up to the government to specifically justify why I should not be allowed to carry a knife.
That's the difference. In your view, I need to justify why I should. In my view the government needs to justify why I can't.
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Platapus is wise...
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