The ideas of liberty of movement are worth exploring because they are positive benefit to Chattanooga and Hamilton County and and encouragement of capitalism and entrepreneurship.
By David Tulis / 92.7 NoogaRadio
As we have seen in transportation administrative notice, the freedom of movement has a keyword.
That is pleasure.
The roads exist for the pleasure of the people. The state is the steward of the infrastructure that is owned by the people. The state is a trustee, as it were, with a people being the beneficiaries.
Egress, ingress — and transgress
There is a conflict on one hand between free ingress and egress (liberty of movement) and, on the other hand, free transgress. This word applies to the state, which today routinely transgresses both egress and ingress, insisting on control and domination.
A free people enjoy egress, “the act of going out, a word in Latin the brings out the idea of gress, which in its origins means step or go, an etymology says. Ingress also is from Latin, with a stem of ingredi,”to step into, or enter.” Transgression combines the idea of across. The idea of transgression is to step across, step over, climb over, pass, go beyond. That’s what the state routinely does against the people in my state, and yours. Transgress the law.
The state refuses to recognize the liberty of ingress and regress, keeping people in subjection and in a constant state of fear as they use the public road. A life in fear and uncertainty is just the opposite of pleasure, ease, leisure, enjoyment.
A free people owe no explanation
I would say that pleasure is the same as whimsey. But two more claims for free travel emerge..
No. 1 is the exercise of necessity in one’s life and in the larger economy. Necessity dictates how one fulfills personal, family or business duties..
No. 2 is the exercise of rights. These rights include the right of the press, the right of bearing arms, the right of free expression, the right of assembly for any purpose, the right of redress of grievances. These imply meetings, marches, protests, lectures, vocations, callings, religious exercise and many other things that we would say protected by the 1st amendment to the federal constitution.
The idea of whimsey, caprice and unpredictability is extraordinarily important. Whimsey is that free movement without consideration of cost or damage or contingency. A reporter up and follows a story. A minister lingers after a meeting, but next day cancels a sermon and moves on. A party of activists gather to discuss turning out the vote. The Lord Jesus went where he would, following his own secret plan and he was not to be held to account by any body, whether Romans or Israelite officials or pharisees or priests. The disciples went where the Holy Spirit directed them.
The idea of whimsey, again, is that a man, considering his situation and circumstances, the nature of his house, perhaps as poverty, says suddenly that he is going to move up and out without notice.. That would be moving across the city.
That could include moving across the county. That could refer also to the movement of his property and effects into the next county. Or across the state, or also interstate. Whether he is changing his domicile or simply changing his place of business is entirely up to him.
This can be referred to as whimsey, or pleasure.
The idea of necessity is also important. People tend to personal necessities all the time, whether it be the obtaining of sustenance, cash flow, property, improvements to one’s domicile, supplies for one’s business, tending to aged relatives, shopping for food, going to the garage for repair, meeting someone for an act of mercy, extending charity, exercising religious duties and other necessities. I have a necessity of getting toilet paper on an errand this afternoon, as my house has about six rolls left in three bathrooms.
Duties = rights
This concept of necessity includes of course the exercise of rights.
As Brent Alan Winters, the attorney commonlawyer.com, explains it, every right is really the backside of the duty.
When we say that we have rights because we’re made in God’s image, what we’re saying is that we have duties before God and our rights are the defense of that duty from anyone who would prevent us from doing those things.
Your duty is protected by by God. You have a duty which is your personal duty. Your necessities and your duties and your rights all coincide. In a way, it’s impossible to separate them, though we can see them them as distinct. If you have a religious right, a first amendment protected right of religion and free exercise, that also is a duty, which means it is a necessity.
A vital defense if accused
That means you have a ready-made defense in abuse of the state transportation law: The necessity defense, available along with other defenses of those caught in abusive law enforcement activity in Tennessee and other places. Necessitas, quod cogit, defendit. (The necessity is a defence to what necessity compels one to do.) As when houses are blown up to stay a conflagration.
Under Tennessee law, conduct that would otherwise be criminal is justified if it is immediately necessary to avoid imminent harm. The need to avoid harm must outweigh the harm to society or the interests of others brought about through the defendant’s act. T.C.A. § 39-11-609.