The Right to Rebel: A Guide: This is my own post that supplements the main one on our mother website here. Information on the mother website always takes priority over forum posts, of course. However, I am adding this sticky post to help promote conversation and social interaction about the subject in the Freeman Movement Forum. Indeed, you can submit your own experiences any time.
Introduction
The concept of "Freeman on the Land" and lawful rebellion has gained significant attention in recent years, particularly in the UK, Commonwealth, and America. At the heart of this movement lies the fundamental question: do individuals have the right to rebel against unjust laws and governments? In this comprehensive article, we will delve into the legal and philosophical foundations of the right to rebel, exploring its historical roots, modern applications, and differences between the UK, Commonwealth, and America.
Historical Roots: The Magna Carta and the English Bill of Rights
The idea of lawful rebellion has its roots in medieval England, where the Magna Carta (1215) established the principle that the king was not above the law. This seminal document limited the monarch's power, protected individual rights, and introduced the concept of due process. The English Bill of Rights (1689) further solidified these principles, affirming the right to petition the government for redress of grievances and prohibiting cruel and unusual punishments.
In the UK, these foundational documents have shaped the development of common law, which emphasizes the protection of individual rights and the limitation of government power. The concept of "Freeman on the Land" draws upon these historical roots, arguing that individuals have inherent rights and freedoms that cannot be infringed upon by the state.
Philosophical Foundations: Locke, Rousseau, and the Social Contract
The philosophical underpinnings of the right to rebel are rooted in the works of John Locke, Jean-Jacques Rousseau, and other social contract theorists. Locke's Second Treatise of Government (1689) posits that individuals enter into a social contract with the government, surrendering some of their natural rights in exchange for protection and security. However, if the government fails to uphold its end of the bargain, individuals have the right to rebel and establish a new government.
Rousseau's Social Contract (1762) builds upon Locke's ideas, arguing that the general will of the people should guide government decision-making. If the government acts contrary to the general will, individuals have the right to resist and rebel. These philosophical foundations have influenced the development of democratic theory and the concept of lawful rebellion.
Modern Applications: The UK, Commonwealth, and America
- In the UK, the concept of "Freeman on the Land" has been applied in various contexts, including tax law, traffic law, and other areas of regulation. Proponents of the movement argue that individuals have the right to opt-out of certain laws and regulations, citing the Magna Carta and the English Bill of Rights as authority.
- In the Commonwealth, countries such as Canada, Australia, and New Zealand have similar legal and philosophical foundations. The Canadian Charter of Rights and Freedoms (1982), for example, enshrines individual rights and freedoms, while the Australian Constitution (1900) establishes the principle of federalism and limits government power.
- In America, the right to rebel is enshrined in the Declaration of Independence (1776) and the United States Constitution (1787). The Second Amendment, in particular, guarantees the right to bear arms, which has been interpreted by some as a means of resisting tyranny. The American concept of "jury nullification" also reflects the idea that individuals have the right to rebel against unjust laws, as jurors can acquit defendants despite overwhelming evidence if they believe the law is unjust.
While the concept of lawful rebellion shares common roots across the UK, Commonwealth, and America, there are significant differences in its application and interpretation. For instance, in the UK, the "Freeman on the Land" movement has been met with scepticism by the courts, which have generally rejected its claims. In contrast, the American concept of jury nullification has been recognized by the courts, although its application is often limited.
In the Commonwealth, the approach to lawful rebellion varies from country to country. For example, in Canada, the Charter of Rights and Freedoms has been used to challenge laws and regulations, while in Australia, the Constitution has been interpreted to limit government power.
In Conclusion
The right to rebel is a fundamental concept that has shaped the development of democratic theory and practice. From the Magna Carta to modern-day applications, the idea that individuals have the right to resist unjust laws and governments has been a constant theme. While the concept of "Freeman on the Land" and lawful rebellion has its differences in interpretation and application across the UK, Commonwealth, and America, its underlying principles remain a powerful force in shaping our understanding of individual rights and freedoms.
As we continue to navigate the complexities of modern governance, it is essential to remember the historical and philosophical foundations of the right to rebel. By understanding and respecting this fundamental right, we can work towards creating a more just and equitable society, where individuals are free to live their lives without undue interference from the state.
References
- Magna Carta (1215)
- English Bill of Rights (1689)
- John Locke, Second Treatise of Government (1689)
- Jean-Jacques Rousseau, Social Contract (1762)
- Canadian Charter of Rights and Freedoms (1982)
- Australian Constitution (1900)
- United States Constitution (1787)
- Declaration of Independence (1776)