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Freedom Fox's avatar

About ten years ago while I was riding my bicycle around town a thought came to me that put our system of law into stark relief for me. I was riding in a downtown residential area with very narrow streets, cars parked on it with doors prone to swinging open right in front of you by a driver not thinking about cyclists riding by. It was dangerous for a cyclist to ride on street there. Yet the law in the city was cyclists must ride on the street, riding on the sidewalk was subjected to a $40 fine. I reasoned that my life and health was worth at least that much. And willfully chose to ride on the sidewalk. The law allowed for cyclists to ingress/egress from the sidewalk to the street at the end of the block, I always figured I'd just use that excuse if ever caught.

Occasionally I'd encounter the random pedestrian who shouted angrily at me that cyclists had to ride on the street and to get off 'their' sidewalk. I'm a pedestrian, too. And hate encountering the cyclists who pass me dangerously, either riding too fast or too close for my sense of safety. And being a conscientious person, when I made the choice to ride on sidewalks there I was always very courteous. I'd ride very slowly for every pedestrian encounter. I'd use my bell to announce my presence if I was overtaking from behind. Slow. Courteous. Those who shouted angrily didn't care, they just had hatred for all cyclists who used their safe space. Not without good reason, experience with others. I didn't begrudge them or shout back, either apologizing or ignoring if they were hostile.

I questioned the origins of banning cyclists on sidewalks. Which was for that exact reason, to avoid cyclist/pedestrian conflicts. But my life mattered more. My natural law right to live. Overrode positive law prohibitions on using that typically empty space. If natural law was in practice a safe mutual accommodation of the sidewalk would be acceptable. All parties, particularly the one with the higher duty of care, the cyclist, sharing the sidewalk safely wouldn't be a violation. Only by imposition of positive law was that a crime, no matter how safe and courteous a rider was.

The same understanding of law came to me about five years ago. I had lost my ID while traveling, was waiting for several weeks to get replacement birth certificate, new ID. I was meeting several friends out at a bar. My appearance is very obviously over 21, father time shows my five+ decades of life. The bouncer at the bar refused entry to me because I didn't have my ID. Yes, sure, we can all say that's just his job, we're accustomed to presenting ID for bars. But it also defied common sense. I'll ignore the argument about the requirement for 21+ proof for drinking (was 18+ when I was younger), its own natural law v positive law dynamic. But just focusing on the requirement for proof of age made no sense. When a positive law is passed to regulate a behavior that behavior is what is being regulated. I needed to be 21+ to enter a bar under the law.

But the *enforcement* of the law is where my lack of ID came into play. It allowed for no common sense, as in, "of course this person a handful of decades old is obviously old enough to enter a 21+ bar. But the enforcement of the law, passed ostensibly to prevent under 21 from being in bars, was where positive law intruded over common sense, natural law. I failed to meet the "legal proof of age" enforcement criteria. So the law that was passed to require persons be 21+ to enter a bar was actually a law requiring possession of a document attesting to that. Not a law regulating a behavior, it was a law regulating an administrative process.

Which is what happens with all positive law. It's where common sense and natural law becomes divorced from law. Positive laws aren't passed to regulate behaviors so much as they are passed to regulate processes. And process violations are not violations of natural law, only positive law.

Just some anecdotal thoughts I've had along my life journey to understanding the law we live under, and how positive law grows into the monstrosity of administrative power that it is today. Imperfect a device as it may be.

Hat Bailey's avatar

Allways worth speaking the truths that need to be heard. This ought to be posted in every legislative office in the nation, and carefully considered before passing any legislation, or hearing any court case. Clear logical and ethical.

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