Comments by "harvey young" (@harveyyoung3423) on "Covid is a Battle Between World Views - Pro-Restrictions Lobby are Trying to Remove Johnson" video.
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On the point around 5:00 in on the courts and laws "failure" to hear and respond to criticism of the anti terror laws. there is a presupposition here of a real separation of powers, and autonomous legal system dependent on nothing, as if the written word and linguistic symbols haven meaning all on their own. without institutional mediation and projects of effection and affection on the ground. This is not true of course and is a kind of transcendent error, but not of a transcendent God or order of nature but of the integrity of a purely formal system to be of use. Even Hannah Arendt, no friend of totalitarianism, knew that rights needed institutions and even a state else just barelife Homo Sacur remains so just with symbols on paper. She must have learnt something from Schmitt work. that then means of course that civil liberties depend on the state at once and so cannot, on pain of creating another transcendent object (a stand alone person), be abstracted from the state. so freedom and the state are not really antagonistic opposites but presuppose each other if we add in consent. Consent that is, to that which holds the very idea of consent as a matter of action in play. no one thinks pure freedom comes from a complete state (some Hegelians might if they survive the subtraction), but neither is the state of nature a stand alone place. laws of nature and natural law as understood as absolutes create impossible conflict since they seek to eliminate each other and so mediately eliminate them selves since there are no transcendent positions here. we have to move beyond the Popper Berlin moves of the sixties since they were metaphysically unsound but did the job of distancing liberal capitalism against the totalitarianism of the cold war by conflation of N..I Germany with the Soviet Union. Clearly negative liberty then as a vacuous space is a space only by negation limits of law. but law is negation prohibition, and itself presupposes human relations not given as negative relations between people or indeed by further negative laws that is that negative negative laws are rights they are from institutions for institutions like equality and justice ordinance over legal procedure. right now the problem of rights has become an internal issue of institutions even an internecine one of parts and wholes. it like the person thinks rights as axioms but are put to use as legal ordinance between each other. This is the jurisprudential turn in politics and possibly then also the political turn in law. i read Aquinas on this in his ontological theological views of natural law and he unlike the moderns seems to realise the project of synthesis of the many and the one in a state is not the proper metaphysical framework. he doesn't solve it but knows its problematic ontology and cosmology. its in the old testament, the Ten Commandments are not just Gods word on eternal truth and law but God offer in a contract to the Israelites, who as yet do not exist as a people. the law requires much time and a journey of habit and custom to beginning to take on meaning. God and man are not ontologically distinct. thus rights as conceived as protection by the state of ourselves from each other (eg the state of nature as atomistic war is wrong. Hobbes describes the state of nature in Behemoth as internecine warfare of broken apart institutions and parts of civil society. Surly no one believes the middle class are neutrals in this as agents of either right justice or virtue even against the people as malformed unjust and vice ridden. the middle term of the cosmology the syllogism here of comitology rest on its hold on sciences as independent enterprises grasping transcendent (politically ethically morally socially psychologically culturally and of good taste, while they are its human mediators and interpretators. Science is as Hegelian speculative reason progressing as if humans were just observers and this places the middle class as those who can interpret its mathematical Latin grammar of the universe. the middle classes have intellectual privilege cultural privilege massive wealth privilege and power of dependence as Arendt realised ( I think Phillip Petit also). Politics looks like an internecine conflict within the middle class. We are bystanders waiting for them to apply behavioural science technology to get us to comply with them, but we ware already beholden and dependent. Ariel has nature and natural law as ever changing oscillating seas of onto-cosmological metaphysical creations, like the the movie "The Thing". Conservative and liberal thinkers need to stop fighting with cold war tools. Interesting discussion so far (5:00mins) thank you all.
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