Government’s Authority Over Contracts

1. In democracies the government’s authority comes from the people.
2. The people lack the authority to dictate terms of other people’s contracts.
3. therefore, in democracies the government lacks the authority to dictate terms of other people’s contracts.

8 thoughts on “Government’s Authority Over Contracts”

  1. I have no problem with this except that the contracts may not include crimes (things which violate the rights of others).
    It is the governments duty to see that private contracts are honoured… eg Promises to pay off a property at a certain rate/ by a certain time are fulfilled… lest there be a fraud committed/ a theft.

  2. Let me say Reed that there are certain ‘contracts’ which push the limits.
    Eg recently a Japanese man had his genitals surgically removed and frozen.
    after having them certified as ‘disease free’ he offered them for sale… as a dish.
    He cooked them under the supervision of a chef and served them up to diners whom paid to eat them.
    The participants in this transaction were able to legally do this because there are no laws against cannibalism in Japan.
    Now ask me if I think such behaviour should be permissible … and my true feelings is I believe all parties involved ought to be shot with tranquilizers, slapped in straight jackets, Given shock treatment, and locked up forever in Padded cells!!!!!
    That such psychopaths can walk the streets defies credulity!
    …yet can these people be certified as Dangerous Lunatics?
    I would hope so!
    The problem I have is that if they are all of sound mind… and to me that’s a big if… then I don’t have any argument that can justify banning such behaviour!… and this troubles me… disgusts me… none the less I cant see any way to justly ban it… and so I wouldn’t lobby to ban it.
    If you can provide me with a just rationale to prohibit such activities I would be most greatful!

  3. That would be one nutty piece of legislation Reed… like legislation which acknowledged and condoned getting paralytic drunk.
    Absolutely unnecessary/ pointless, unless it had the direct intension of granting a positive moral sanction… saying it was a virtuous act, and in that case I certainly would oppose it. .
    The reality is that personally I don’t condone such behaviour… I just don’t see that I have any right to forcibly prevent it.
    I do have the right to publicly condemn such behaviour.
    I do have the right to separate myself from any dealings with those people whom practice such things… and to convince other people to likewise ostracise them.
    Thus there are legitimate ways I can work against this practice which do not involve political/ legalistic means, and such pressure could be just as effective as laws in eradicating this evil from our society ( That some people may carry on the practice in spite of peer pressure, may be likened unto those whom would carry on even if there were prohibitive laws… ie it is a mistake to believe political suppression will work any better than social pressure)

  4. Why accept 2) ? if that were true then people could not demand that others not engage in contracts to have sex with minors, or employ them in child labour, or one could not demand other people contract hitmen to kill other people? That seems clearly false, prior to the state, there are certain types of contracts which are problematic and even invalid and the state has no buisness enforcing or declaring valid a contract which is invalid antecedant to its authority.

  5. Matthew
    2 does not imply that people lack all other authority once a contract is involved.

    Punishing unjust actions and plans is justified irrespective of whether a contract is involved.

    It would be unjust to enforce a contract that entails an injustice – but not enforcing a contract is not the same as dictating the terms of contracts.

    The Court can regulate itself and declare, for example, that it will not enforce minor’s contracts – but the government lacks the authority to regulate you.

    And… there’s nothing wrong with child labour.

    That seems clearly false, prior to the state, there are certain types of contracts which are problematic and even invalid and the state has no business enforcing or declaring valid a contract which is invalid antecedent to its authority.

    What do you mean by valid/invalid?

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