| The system in the United States is "ordered liberty". That is to say, without ground rules, the freedom of some might be held hostage by private actions, and therefore the law must set boundaries, to maximize freedom for all. A good example is first amendment doctrine: people should not be subject to extortion or ruination due to irresponsible or malicious reporting, and therefore there are libel laws. On the other hand, we want a vigorous press, and therefore have made it harder to prove libel if a mistake is made concerning a public figure, or if the criticism is presented as opinion, and so forth. Similarly, people should purchase property with some assurance that the value will not be damaged by inconsiderate third party actions, and therefore we have zoning boards to set rules for reasonable use, and to apply for variances. In such cases, the restraint of freedom on some parties enhances the freedom of all, to go about their business with some security in their person and property, and to make decisions with a degree of predictability....... |
