Talk:Rule according to higher law

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Singular vs Plural / Individual vs Community

Legislation is not law; gravity is, or electro-magnetism, or time.

Law defined as legislation is dictatorial - regardless of how many dictators there are: one prince/king/emperor, a triumvirate or 50% plus a single vote in parliament to oppress/suppress the individual's personal freedom. This freedom is, however, limited: it can/must/may not limit any other individual's equal right or freedom, regardless of teh question whether individuals are equal. (see: Robert A. Heinlein - For Us, the Living (novel) 1938)

Community depends on and is served by the individual and his/her right(s). If a right can be abrogated; then it is a mere privilege, not of him/her inherently. Therefore legislation cannot be deemed supreme law (if there is such concept outside mathematics). (see: Frank van Dun (university of Gent, Belgium / Maastricht, Netherlands) - The Lawful and the Legal 1983?)

Hence (post 1949 German legislation; following the Neurenberg trials, in which some defendants adhered to the "Führer-principle" - blaming, or shoving all responsability to, the high command) the individual may act according to or adhere to 'unjust' legislation if, and only if, his/her, or a relative's life/limb are at stake, and not be prosecuted for such action, or lack thereof. Still, this is not, in principle, law - however just it may seem - only (just) gut feeling.Sintermerte (talk) 01:52, 19 September 2019 (UTC)[reply]