In a stellar short essay, Uriah Kriegel illuminates a dangerous trend in legislative thinking — adherence to the principle: that which is not explicitly allowed is therefore forbidden.
Kriegel focuses on some absurd recent rulings of the European Commission, but his insights apply equally well to all countries’ regulatory bodies.
He rightly points out that such a principle is entirely antithetical to the American system of government, in principle if not always in practice.
His use of Justice Stephen Bryer’s recent book, Active Liberty, as an example is apropos, especially in light of recent debates over ‘judicial activism’.
Readers of Anthem and Atlas Shrugged will understand the principle already, but Kriegel makes his own case with no explicit reference to Rand’s philosophy.
And make it he does… in spades.
The essay is available on Tech Central Station’s web site.
