Legal versus Logical Freedom

One hears the word freedom used in as many different ways as one hears the definitions of inflation and God . Like God, people often choose the definitions of freedom that suit their personal interests rather than seeking to find God as he exists independent of, before and after any person. If a society does not have a functional, operational and lasting definition of freedom then the society will not last.

Central to embracing a definition and understanding of freedom that leads to more freedom is knowing the difference between legal and logical freedom. Moreso in the past than the present, it has been legal for some men to own other men through the legal institution of slavery. Ironically, many of the slaveowners cheerleaded the benefits of slavery while, as A. Lincoln noted, none of them gave up their freedom for the bantered, purported freedoms possessed by slaves. In other words, the legal definition of freedom has often not been a logical freedom.

A number of questions comparing legal versus logic clarifies the nature of freedom so as to optimize our freedoms. An important first question is which came first, logical or legal freedom--see legere/legein. Does a noble savage reviling in his freedom do so under legalities? No. The shared literary root of both logic and legal--legein, Latin for to gather--shows not only which came first but which has primacy. In historical fact, the legalities of freedom followed the logic of the successful gatherers in early societies both

  1. to encourage others to gather better for more freedom from the hardships of life and
  2. to discourage some from "degathering" others' legacies. 

Simply stated, as individuals formed larger and larger groups to gather and to cultivate a livelihood, that is going from the mental and ecos nomos levels of existence, politeness of legal freedoms became a necessity.


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