Friday, August 5, 2011

Classical Liberalism Is A Guide to What Is Natural.

Some of the cultural changes and some of the elements of civilization across the spectrum of history can be regarded as natural. It is the classical liberalism perspective that serves as a guide to find these elements. “Customary law reflects the norms of those who choose to function in the particular social order ‘governed’ by those laws. In a very real sense, then, such customary law is a unanimously adopted ‘social contract’ or ‘constitution.’ It establishes the rules that are the basis for spontaneous social order. This social contract evolves and adapts to changing social conditions.” [38] “Because the source of recognition of customary law is reciprocity, private property rights and the rights of individual are likely to constitute the most important primary rules of conduct in such legal systems.” [39]
[38] Bruce L. Benson, The Enterprise of Law: Justice Without The State, (Pacific Research Institute For Public Policy, 1990), p. 322.
[39] Bruce L. Benson, The Enterprise of Law: Justice Without The State, (Pacific Research Institute For Public Policy, 1990), p. 13.
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