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Capitalism is the social system based upon the principal of individual rights.

 Capitalism > Frequently Asked Questions > Law

A rule of laws and not of men

What is the purpose of law?
To ensure no despot -- whether that despot be a single dictator, an elite political pressure-group, or the befuddled democratic majority of the moment -- may usurp the powers of government, and turn its machinery upon its citizens, each and every aspect of government action is codified, and carried out, according to objectively defined laws. In a free society each and every man lives under a rule of law, as opposed to a whim-ridden rule of men. Under such a rule of law, all laws have only one purpose: to protect the rights of the smallest minority that has ever existed -- the individual.

What is a criminal?
In a proper legal system, a criminal is someone who violates the rights of others.

What is the purpose of the police and the courts?
The purpose of the police is to protect against domestic criminals. A court system is required to settle disputes that arise, and to punish criminals according to objectively predefined laws.

Do laws legislate or regulate the actions of the individual?
Such laws form objective legislation, which hold a man innocent until he can be proven guilty, as opposed to a library of irrational regulations which hold a man guilty until he can somehow prove himself innocent, to the gratification of some Atilla able to gain a foothold in public office. In a free society it is the actions of government -- and not the actions of citizens -- that are regulated.

What is the purpose of the constitution?
The supreme legal document of a proper society is the constitution -- a citizen's protection not only against private criminals, but public ones also.



Where can I learn more?
Suggested Reading: The Nature of Government by Ayn Rand in Capitalism: The Unknown Ideal (CUI).






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