Fundamental Laws
Thu, 18 Jul 2024
Opinion
================

The code of Hammurabi is one of the oldest and most well
preserved legal texts and at some point supposedly governed the
ancient Babylonians. The laws of the code are inscribed onto
basalt, and while the Babylonians may have had further laws to
supplement these, it is safe to say that 282 inscribed ones were
considered most fundamental, requiring the need for inscription.

Looking at what the ancient Babylonians considered to e
fundamental gives us insight into changing attitudes regarding
what ought to be legislated. The code for instance contains laws
regarding the giving of testimony in court, laws regarding
marriage, divorce, and adultery, as well as assault, robbery,
and destruction of property. These topics are still regarded as
rather fundamental in modern society.

However, the code also contains laws regarding wages and prices
for goods and services. This sounds more peculiar to the modern
reader. Certainly, most legal scholars are not in favour of
entirely unregulated markets, though doubtless few would be in
favour of a constitutional amendment putting a fixed price on
the rent of freight vessels as the ancient Babylonians had.

We find similarly overly specific laws in the books of law of
the Torah. Here, we are told what animals to eat, how to prepare
them, what cuts are suitable for sacrifice, how the sacrificial
altar should be constructed, and which transgressions require
which sacrifices. These are interwoven with laws which we
consider fundamental to this day, such as those regarding
marriage, property, and crime.

It seems then that attitudes regarding legislation change with
time. Certainly no modern western state would legislate in
minute detail how one should worship or make amends to God. Yet
we have kept many of the laws regarding marriage, property, and
crime. Are these laws truly fundamental? Or are they just as
arbitrary as the price and consumption of food? 

Marriage
--------

``Minimizing Marriage'' is a book by Elizabeth Blake where she
explores the various dimensions which marriage occupies.
Marriage can simultaneously be a romantic commitment, a legal
contract, a driver of moral legitimacy, and a religious act. The
question remains whether marriage *should* occupy all of these
dimensions, or whether certain ones are arbitrary. Blake writes
extensively on decoupling romance and ethical/legal legitimacy.
I similarly would like to ask the question whether states
should be in the marriage business at all.

Several European countries do not recognize marriage between two
people of the same sex. In some of these countries, such couples
can enter into a civil union, which is the same in all but name
legally speaking. Acceding to some however, civil unions lack
the moral legitimizing force associated with marriage. Even
outside of same-sex unions, I know of religious people who speak
of ``common-law marriage'' as opposed to ``christian marriage'',
where only the later is legal in the eyes of God.

Food, Drink, and other consumables
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Many modern states regulate what substances citizens are and are
not allowed to put in their bodies. No alcohol or tobacco before
16/18/21/ever, no marijuana, LSD, MDMA, etc. You are allowed to
eat contaminated or expired food, but you are not allowed to
sell it. Certain foods are out-right deemed to dangerous by
certain counties, such as unwashed eggs and raw milk in the
United States. Others are deemed immoral: human flesh, foie
grass, veal, etc, and are legislated against accordingly.

To some this seems sensible, other such as Joel Salatin (author
of ``everything I want to do is illegal''), argue that ``the
right to eat what you want'' should be a constitutional
guarantee on-par with the right to free-speech. Many of my
friends and associates who do not write books but do consume,
sell, or produce illicit substances, are of the opinion that, if
everyone involved in the procurement process consents, then the
government should ``stay out of it''.

Private property
----------------

Private property is named such because it is yours. It opposes
public property which is owned by the state, or similar
entities. If you are not on your own private property, you have
to follow the rules of its rightful owner. Yet you are not
entirely free to choose what you do with your property either.

The most obvious example is zoning regulations. These laws
dictate which pieces of property are to be used for agriculture,
commerce, or residential purposes. You may be the sole rightful
owner of a piece of land, but that does not mean you may build a
house on it. Even if you are allowed to do so however, the house
must conform to certain standards set by the government. While
these laws (and indeed all the ones mentioned in this post) are
clearly designed to keep to populace safe, they also restrict
our freedoms. So I ask once again, should the lawmakers be in
the business of deciding what spaces you are allowed to live in?

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I could keep going but I think my point has been made. There are
various areas of legislation which at some point in the past
were deemed sensible and important enough to be included in
major legal texts. Today, there are various areas of legislation
which seem sensible, but where an argument can be made that the
lawmakers should have nothing to say about them. Attitudes
surrounding these topics will change, and thinking about your
stances on these topics is important if you wish to anticipate
said change. What you consider fundamental today, may be
unlegislated tomorrow. Likewise, freedoms which we currently
enjoy in un(der)regulated areas may disappear some day soon,
when governments decide that, yes; this too is our business.