Potestas

In a true government of the people, for and by the people - natural rights remain with the people.

Where the people remain in a “natural state”, under Natural Law, as God intended, before the creation of a “social contract”(whether implied or actual, defacto or dejure), the power of government remained with the individual. In this natural “state of society” the power of choice (liberty or right to choose), called the potestas,^[1]remained with every man as the genius within the family.^[2]

The Romans called this form of government libera res publica, which means free from things public. It is this phrase which is the origin of the Latin word republica. But over time the word developed two senses and uses. A Republic in one sense is “that form of government in which the administration of affairs is open to all the citizens. In another sense, it signifies the state, independently of its government.”^[3]

In the latter sense we can envision a republic as a system where the people retain their rights, hold the power of the state and the ministers are titular servants of the people. In such systems taxes remain voluntary and it is every man’s responsibility to protect his neighbor as he would desire to be protected by his neighbor. What would hold such a society together as a nation? Are there examples of such a government anywhere in man's history?

There is a rich history of such governments and nations operating as diversified networks of voluntary systems of faith, hope, and charity. In fact, “our modern reliance on government to make law and establish order is not the historical norm.”^[4]

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Footnotes

↑ Potestas, in the law of the Latins, "signifies generally a power or faculty" of authority by which we do anything." Patria Potestas originally signified the authority which a father had over of his children, grandchildren, and other descendants. When this right or power was eventually vested in the State the agency of government became the father of the people and this not only weakened the people but reduced their liberty. See Parens Patriae or "Call no man Father".
↑ Leviticus 25:10 “And ye shall hallow the fiftieth year, and proclaim liberty throughout [all] the land unto all the inhabitants thereof: it shall be a jubile unto you; and ye shall return every man unto his possession, and ye shall return every man unto his family.”
↑ Republic. Black’s Dictionary 3rd Ed. p1536.
↑ Part I of The Enterprise of Law : Justice without the State by Dr. Bruce L. Benson.

[lpotestas-1] Potestas, in the law of the Latins, "signifies generally a power or faculty" of authority by which we do anything." Patria Potestas originally signified the authority which a father had over of his children, grandchildren, and other descendants. When this right or power was eventually vested in the State the agency of government became the father of the people and this not only weakened the people but reduced their liberty. See Parens Patriae or "Call no man Father".

[2] Leviticus 25:10 “And ye shall hallow the fiftieth year, and proclaim liberty throughout [all] the land unto all the inhabitants thereof: it shall be a jubile unto you; and ye shall return every man unto his possession, and ye shall return every man unto his family.”

[3] Republic. Black’s Dictionary 3rd Ed. p1536.

[4] Part I of The Enterprise of Law : Justice without the State by Dr. Bruce L. Benson.

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Potestas

Potestas

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