The nature of law...

An interesting question has come up in my mind.  I have been ruminating on Proudhon's book, What is Property?  An Inquiry into the Principle of Right and Government.  Specifically, the portion about lawmakers and laws has been fascinating me.  Proudhon makes the statement to the effect that legislatures don't really make laws, they simply announce laws that already exist. 

Now we all know this is not true.  There is no way that the exemption of the oil and gas tax of tarbit is not a natural law which the legislature simply recognized.  I dare say it is not even a socially accepted principle.  Most people are probably not aware of the issue, nor do most of them understand it.  I don't even understand it completely.  And I am educated, and have years of experience in government, law, and energy. 

But my rumination is not whether Proudhon's statement is true.  Rather, I am questioning whether he may not again be correct.  Laws which are not based in natural truth or social truth are simply invalid.  They are based on false premises.  The premises being that somehow the election of a Republicrat legitimizes whatever actions they take in the name of the electorate.  Even if those actions are not what the electorate want.  But is this not really legislation without representation?  The electorate could not possibly want something they do not know about or cannot understand.  The electorate probably does not even know the rider was placed on the bill or the exemption was hidden on page 365 of a 576 page bill. 

Libertarianism has an interesting view of these issues.  Government that governs least governs best.  Not that all libertarian ideas are correct, but in truth, I am beginning to believe the explosion of laws, regulations and policies and statements are simply counterproductive to a free and responsible society.  It is extremely important that we as a society have a set of norms and laws we live by.  It is equally important we do not try to legislate morality and ways of thinking.  Actions can be regulated, not ideas.  Ideas need to be moderated by associations between individuals.  Perhaps more personal connections on ideas and less demagoguery would ease the polarization this country feels.