Frank Van Dun
Encyclopedia
Frank Van Dun is a Belgian
law
philosopher and libertarian
natural law
theorist. He is associated with the law faculty of the University of Ghent.
A book by Michael van Notten, The Law of the Somalis, was in part influenced by van Dun.
for The Fundamental Principle of Law) in 1983. In this book he argued that a rationally convincing answer to the question "what is law?" can only be found by respecting dialogue and argumentation. He thus adheres to discourse ethics
justification of private law society or anarcho-capitalism
. Based on this premise, Van Dun argues that every natural person (individual) has a lawful claim on his life, freedom and property. This claim is absolute, in so far it does not prohibit the equivalent claims of other natural person, i.e. in so far argumentation is respected.
Van Dun clearly distinguishes the lawful (ius) and the legal (lex). In his view, Western positive law systems reduce people to human resources, artificial persons with merely legal status. Positive law defines the legal but can only be lawful in so far individuals have full secession rights from the institutional framework that is making said positive law. It logically follows that no judge can be forced upon a person who is willing to search a lawful solution for any conflict.
Van Dun claims that the correct interpretation of the non-aggression principle
(NAP) is praxeological
rather than physical, because property is a "means of action". He thus claims freedom before property instead of freedom as property. This implies that it's not necessarily only the last action in the chain of social causations that is unlawful. Consider the following examples:
The freedom before property interpretation of the NAP is not widely accepted within the libertarian community. For example, Walter Block
adheres to the freedom as property interpretation.
reported that between 1988 and 2000 Belgian scientists Frank Van Dun and Marcel Javeau were paid by the tobacco lobby through the group Associates for Research in the Science of Enjoyment (ARISE).
In the Belgian Eos-magazine Frank Van Dun responded that while indeed he gave two presentations for ARISE in which he presented his visons, he wasn't paid to do so and he never was a member of ARISE.
The Legacy Tobacco Documents Library
contains a document that mentions Van Dun as an "associate" though.
Belgium
Belgium , officially the Kingdom of Belgium, is a federal state in Western Europe. It is a founding member of the European Union and hosts the EU's headquarters, and those of several other major international organisations such as NATO.Belgium is also a member of, or affiliated to, many...
law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
philosopher and libertarian
Libertarianism
Libertarianism, in the strictest sense, is the political philosophy that holds individual liberty as the basic moral principle of society. In the broadest sense, it is any political philosophy which approximates this view...
natural law
Natural law
Natural law, or the law of nature , is any system of law which is purportedly determined by nature, and thus universal. Classically, natural law refers to the use of reason to analyze human nature and deduce binding rules of moral behavior. Natural law is contrasted with the positive law Natural...
theorist. He is associated with the law faculty of the University of Ghent.
A book by Michael van Notten, The Law of the Somalis, was in part influenced by van Dun.
Work
Van Dun published his book Het Fundamenteel Rechtsbeginsel (DutchDutch language
Dutch is a West Germanic language and the native language of the majority of the population of the Netherlands, Belgium, and Suriname, the three member states of the Dutch Language Union. Most speakers live in the European Union, where it is a first language for about 23 million and a second...
for The Fundamental Principle of Law) in 1983. In this book he argued that a rationally convincing answer to the question "what is law?" can only be found by respecting dialogue and argumentation. He thus adheres to discourse ethics
Discourse ethics
Discourse ethics, sometimes called argumentation ethics, refers to a type of argument that attempts to establish normative or ethical truths by examining the presuppositions of discourse.-Habermas and Apel:...
justification of private law society or anarcho-capitalism
Anarcho-capitalism
Anarcho-capitalism is a libertarian and individualist anarchist political philosophy that advocates the elimination of the state in favour of individual sovereignty in a free market...
. Based on this premise, Van Dun argues that every natural person (individual) has a lawful claim on his life, freedom and property. This claim is absolute, in so far it does not prohibit the equivalent claims of other natural person, i.e. in so far argumentation is respected.
Van Dun clearly distinguishes the lawful (ius) and the legal (lex). In his view, Western positive law systems reduce people to human resources, artificial persons with merely legal status. Positive law defines the legal but can only be lawful in so far individuals have full secession rights from the institutional framework that is making said positive law. It logically follows that no judge can be forced upon a person who is willing to search a lawful solution for any conflict.
Van Dun claims that the correct interpretation of the non-aggression principle
Non-aggression principle
The non-aggression principle , or NAP for short, is a moral stance which asserts that aggression is inherently illegitimate...
(NAP) is praxeological
Praxeology
Praxeology is the study of human action. Praxeology rejects the empirical methods of the natural sciences for the study of human action, because the observation of how humans act in simple situations cannot predict how they will act in complex situations...
rather than physical, because property is a "means of action". He thus claims freedom before property instead of freedom as property. This implies that it's not necessarily only the last action in the chain of social causations that is unlawful. Consider the following examples:
- With regards to land encirclement, a praxeological NAP could imply a "freedom proviso" when the encircling land owner refuses to discuss a reasonable solution
- With regards to copyrights, a praxeological NAP implies that the use of a one's signature (as an expression of one's body as "means of action") could reasonably be considered more important than the physical freedom of exactly copying another person's signature with one's paper and ink.
- With regards to freedom of speech, a praxeological NAP could imply that it is unlawful for an individual to order an unlawful act, e.g. a general ordering a murder of someone willing to seek lawful solutions.
The freedom before property interpretation of the NAP is not widely accepted within the libertarian community. For example, Walter Block
Walter Block
Walter Edward Block is a free market economist and anarcho-capitalist associated with the Austrian School of economics.-Personal history and education:...
adheres to the freedom as property interpretation.
Tobacco lobby
June 8, 2010 in the article Le lobby du tabac recrutait des profs d'unif the Belgian newspaper Le SoirLe Soir
Le Soir is a Berliner Format Belgian newspaper. Le Soir was founded in 1887 by Emile Rossel. It is the most popular Francophone newspaper in Belgium, and considered a newspaper of record.-Editorial stance:...
reported that between 1988 and 2000 Belgian scientists Frank Van Dun and Marcel Javeau were paid by the tobacco lobby through the group Associates for Research in the Science of Enjoyment (ARISE).
In the Belgian Eos-magazine Frank Van Dun responded that while indeed he gave two presentations for ARISE in which he presented his visons, he wasn't paid to do so and he never was a member of ARISE.
The Legacy Tobacco Documents Library
Legacy Tobacco Documents Library
The Legacy Tobacco Documents Library is a digital archive of tobacco industry documents, funded by the American Legacy Foundation and created and maintained by the University of California, San Francisco...
contains a document that mentions Van Dun as an "associate" though.
Books
- Het fundamenteel rechtsbeginsel (‘The Fundamental Principle of Law’) (1983) (Dutch 2008 PDF version)
- Crash en Depressie (1988) (‘Crash and Depression’) ISBN 90-72435-01-X
- De utopische verleiding (‘The Utopian Enticement’),with Hans Crombag, 1997) ISBN 90-254-2466-X
- Mens, burger, fiscus (‘Man, Citizen, Taxes’, 2000) ISBN 90-423-0125-2
- Over leven en recht (‘About Life and Law’, editor, 2004) ISBN