How Big Do Liberals Want Government to Be?
JWC wrote:
From wiki:
Legal definition:
Am I really the one 'mangling' the language here, or are you just in denial of the fact that it meets the definition?
Quote:
In common usage, theft is the taking of another person's property without that person's permission or consent with the intent to deprive the rightful owner of it.
Legal definition:
Quote:
theft n. the generic term for all crimes in which a person intentionally and fraudulently takes personal property of another without permission or consent and with the intent to convert it to the taker's use (including potential sale).
Am I really the one 'mangling' the language here, or are you just in denial of the fact that it meets the definition?
Yes, yes you are.
First--"the generic term fo all crimes," in order to be properly described as theft, the action must, by definition, be criminal. In Common Law jurisdictions there are only two means whereby a crime can be created: by Common Law (a court recognizing that an action is inherently criminal) or by statute. Even if taxation were theft at common law, it is trite law that when statute and common law are in conflict, statute prevails. So when the legislature authorizes government to collect money from citizens, that authorization legitimates the action.
Second--"in which a person intentionally and fraudulently." Fraud has a very specific definition in equity: a person must make a statement that the person knows or ought properly to know is false; the statement is relied upon by another party; and the other party suffers a loss as a result of the reliance." Indeed your definition is completely incorrect, for a person who takes your wallet and removes the money from it commits no fraud at all.
The correct definition of theft, at Common Law is, "the conversion of personal property to one's own use without colour of right."
And the last time I read the United States' constitution, Congress was provided with full and ample authority to levy taxes. Government has colour of right, and theft is not made out.
quod erat demonstrandum.
_________________
--James
visagrunt wrote:
JWC wrote:
From wiki:
Legal definition:
Am I really the one 'mangling' the language here, or are you just in denial of the fact that it meets the definition?
Quote:
In common usage, theft is the taking of another person's property without that person's permission or consent with the intent to deprive the rightful owner of it.
Legal definition:
Quote:
theft n. the generic term for all crimes in which a person intentionally and fraudulently takes personal property of another without permission or consent and with the intent to convert it to the taker's use (including potential sale).
Am I really the one 'mangling' the language here, or are you just in denial of the fact that it meets the definition?
Yes, yes you are.
First--"the generic term fo all crimes," in order to be properly described as theft, the action must, by definition, be criminal. In Common Law jurisdictions there are only two means whereby a crime can be created: by Common Law (a court recognizing that an action is inherently criminal) or by statute. Even if taxation were theft at common law, it is trite law that when statute and common law are in conflict, statute prevails. So when the legislature authorizes government to collect money from citizens, that authorization legitimates the action.
Second--"in which a person intentionally and fraudulently." Fraud has a very specific definition in equity: a person must make a statement that the person knows or ought properly to know is false; the statement is relied upon by another party; and the other party suffers a loss as a result of the reliance." Indeed your definition is completely incorrect, for a person who takes your wallet and removes the money from it commits no fraud at all.
The correct definition of theft, at Common Law is, "the conversion of personal property to one's own use without colour of right."
And the last time I read the United States' constitution, Congress was provided with full and ample authority to levy taxes. Government has colour of right, and theft is not made out.
quod erat demonstrandum.
First of all, in the context of my statements the common usage is more applicable.
Second, legality does not equal morality.
Third:
Quote:
"Never forget that everything Hitler did in Germany was legal." - Martin Luther King Jr.
ruveyn wrote:
AceOfSpades wrote:
If taxation is theft, then is imprisonment kidnapping?
If it is done by a private party without the sanction of law.
ruveyn
JWC wrote:
First of all, in the context of my statements the common usage is more applicable.
Second, legality does not equal morality.
I haven't gotten a straight answer to my question yet out of all times I've asked this. Would you care to be the first?
Second, legality does not equal morality.
AceOfSpades wrote:
ruveyn wrote:
AceOfSpades wrote:
If taxation is theft, then is imprisonment kidnapping?
If it is done by a private party without the sanction of law.
ruveyn
Apples and oranges.
Imprisonment for the punishment of a crime is an example of retaliatory force. The criminal initiates the use of force upon his/her victims, hence it is justifiable to use force in retaliation. In the case of taxation, the gov't is the initiator of the use of force, therefore it's actions are not just.
JWC wrote:
AceOfSpades wrote:
ruveyn wrote:
AceOfSpades wrote:
If taxation is theft, then is imprisonment kidnapping?
If it is done by a private party without the sanction of law.
ruveyn
Apples and oranges.
Imprisonment for the punishment of a crime is an example of retaliatory force. The criminal initiates the use of force upon his/her victims, hence it is justifiable to use force in retaliation. In the case of taxation, the gov't is the initiator of the use of force, therefore it's actions are not just.
Last edited by AceOfSpades on 05 Jul 2012, 3:58 pm, edited 2 times in total.
probably 75% government control?
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AceOfSpades wrote:
JWC wrote:
AceOfSpades wrote:
ruveyn wrote:
AceOfSpades wrote:
If taxation is theft, then is imprisonment kidnapping?
If it is done by a private party without the sanction of law.
ruveyn
Apples and oranges.
Imprisonment for the punishment of a crime is an example of retaliatory force. The criminal initiates the use of force upon his/her victims, hence it is justifiable to use force in retaliation. In the case of taxation, the gov't is the initiator of the use of force, therefore it's actions are not just.
It must be limited to whatever funds it can acquire through voluntary means, just like the rest of us.
JWC wrote:
No, I support a gov't limited to military, courts and police. Nothing more. Anarchy can only lead to chaos and mob rule.
Then you are a hypocrite at best, and a liar at worst.
You cannot support a government limited to military, courts and police unless you support the means by which that government can be financed.
No government in human history has been financed through voluntary means--all governments tax.
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ruveyn wrote:
visagrunt wrote:
JWC wrote:
No, I support a gov't limited to military, courts and police. Nothing more. Anarchy can only lead to chaos and mob rule.
Then you are a hypocrite at best, and a liar at worst.
Beware of personal insults. Do not confuse your opinions with fact.
ruveyn
_________________
Well you can go with that if you want.
visagrunt wrote:
JWC wrote:
No, I support a gov't limited to military, courts and police. Nothing more. Anarchy can only lead to chaos and mob rule.
Then you are a hypocrite at best, and a liar at worst.
You cannot support a government limited to military, courts and police unless you support the means by which that government can be financed.
I do support any voluntary means of financing the gov't.
No government in human history has been financed through voluntary means--all governments tax.
Just because it hasn't been done before, doesn't mean it's not possible. Before the US was formed, there had never been a constitutionally limited republic. Did that stop the Founding Fathers?
ruveyn wrote:
Beware of personal insults. Do not confuse your opinions with fact.
ruveyn
ruveyn
This is so, no doubt.
But the person who comes forward in one breath and claims to support the existence of government in a very limited form, and then in another breath claims that the means of supporting even such a limited government is theft is presenting statements that cannot be reconciled except through hypocrisy or mendacity.
No person insult is intended--merely a respect that if he honestly believes in both of those statements, then he is engaging in an act of self-deception, or else perpetrating one on the rest of us.
_________________
--James
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