Should law have as a fundamental organizing principle that persons have a general right to embark on enterprises not specifically prohibited, or that a wide range of activities should require advance permission by official gatekeepers? New Timothy Sandefur book reviewed by Josh Windham [Libertarianism.org]
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Interesting but I wonder if we’re past the point of no return considering so many people not only expect, but demand, government “protect” them from almost everything in their lives, including being offended.
Isn’t this just a restatement of the fundamental governing principle that all governments have to address – “That which is not explicitly prohibited, is permitted” vs “That which is not explicitly permitted, is prohibited”?
I always understood that this was the big difference between the US and Europe (and most of the rest of the world).
It’s not a difference between Europe and the US. The saying comes from England and most European countries abide by it. I’d bet that most countries and legal codes throughout most of history have followed this model—Imperial China, the Code of Hammurabi, and so forth.