Reinventing government as a friend of the people: common law and equity, legislation and the Constitution

Abstract

For a platonic idealist government is the ideal expression of society; for a contemporary pessimist government is nothing more than an insatiable political monster feeding on the body politic. In the mind of the latter, government is an enemy of the people, a gigantic Leviathan that ought to be kept at arm’s length. Whereas in Marxist thought government is a manifestation of bourgeoisie rule, for a theocratic fanatic government is the manifestation of some divine will on earth and is therefore (quasi) divine. For a full-blown capitalist government should only be a night watchman with minimal intervention in the deregulated world of market forces, but for people with naturalist inclinations government is a servant of the people instituted by, through and with the consent of the governed to serve specified functions. So long as government is fulfilling the functions it was created to fulfill then it will always be a friend of the people. Make of government what you will, the simple fact for us is that we too have a government, and it is our social and moral responsibility to make it better and worthy of our allegiance, trust, and confidence.