Here's an account of law that I wrote back in 2012-ish:
A Praxeological Account of Law. It needs some edits/tweaks but I still think the basic argument I make in this text is sound. Law is ultimately praxeological in nature. Law has a lot more to do with betting than it does with administration procedures. I'm not completely a David Friedman-ite, but I think he's one of the closest out there to presenting a thoroughly robust foundation for what law
is. Law is not rules. Not even rules passed by a government. Law is basically right-and-wrong with extra steps. In the vast majority of cases, it is more or less obvious what is right and wrong. What makes law difficult is that the guilty party frequently snows the issue with confounding information to cover up their guilt, or other "game-theoretic" antics.
This is fair. However, I feel compelled to reiterate that which bears it: statute and Law are by no means the same, save that they end up so by pure accident. Law is PRECISELY about right and wrong, whereas legality deals with the formalities of statute, courts, and procedure.
To be clear, procedure is centrally important. Rules of evidence, for example, protect the innocent... at least in theory, and will do so in point of practical fact when prosecutors play with both hands on the table, which they often do not, but that's another discussion.
Back on track, statute is mere whim and caprice. "We shall now vote into criminality the possession, use, manufacture, and distribution of all things cannabis." This is whim. This is caprice. I write this assertion as one who abhors the condition of being stoned. Seriously, I hate it more than I could ever express in words. I find the use of cannabis for those purposes to be despicable, pitiful, and just plainly lame. And yet, regardless of all that I have never agreed with the relevant prohibitions, which are even more despicable. I fully support your right to wreck yourself by whatever means you may choose, so long as you do not violate others in the process.
The idiotic notions such as the assertion of a "state" having a vested interest in X leaves me wanting to hurt someone for the utter moral rot and unforgivable ignorance that it represents.
Without a validly principled foundation,
there is no Law. And yet the raft of jerkoffs we call "legislature" pass into effect all manner of unprincipled statutes that run roughshod over our rights. Gun restriction is perhaps the apex example of this brand of abuse by one set of men of another set. It is pure felony.
This is why law has more to do with betting than administrative procedures. Rules are just sentences written on paper and they may or may not have any actual meaning/significance.
I may be mistaken, but methinks you are using different wording to express a similar or even identical notion.
If so, I would suggest we normalize our terms, and to that end I would suggest "statute" and "Law" (note the capitalization), mainly because that is what the lawyers use, and I am of the spirit to pin those pricks to the wall by producing a well-formed, effectively rigorous, complete, correct, and clear definition of the words that they tend to use so loosely for purposes to which no decent human being would accede.
The law, however, is just right-and-wrong. It just is. It's like a statue hidden within a block of self-chiseling marble... all that must be done to discover it is to chisel at it and the marble will break away and magically reveal the statue hidden within it. Everyone knows they have a right to defend themselves, even if they deny it with their lips. This is praxeologically verified when they themselves are actually confronted with a self-defense scenario and they instinctively, without thought, react in defense of themselves, their property and/or other innocents. Words are cheap, actions tell the real truth. People will grand-stand and virtue-signal and spout all kinds of BS slogans, perhaps even so completely deluding themselves as to believe their own lies. But when reality comes crashing onto their doorstep without warning, the real truth about what they believe is instantly revealed...
Well put. Rubber meeting the road tends to cleanse the individual of all bullshit, save perhaps in the most extreme cases of wild mental/moral infirmity.
Example: Back in 1980 after completing my engineering studies at UC Davis, I returned to NYC to take time to do, and be, nothing. I worked at Princeton Ski & Skate on Fifth Avenue just north of the Empire State building as the in-house ski mechanic. It was a good year and I worked with fun people, one of them being the fabulously pretty Caroline, into whose pants I... oh, sorry, never mind.
Anyhow, we got into the topic of "gun control" one day and Caroline was hard against anyone having a gun at any time, for any reason... except for cops, of course. It irritated the crap out of me too, I would add, that a young woman as painfully attractive as she was (and by God was she ever) would hold so idiotic a position as that which she did.
Well, a few weeks pass, and I don't recall it being more than about two, if even that. Monday morning comes and Caroline come storming up the stairs to my lair - ski sales &c, and blurts out "how do I get a gun?" Asking what had happened, she related to me the story of how at 7 AM the previous morning a dopesick addict busted in the front door to her parent's house across from Kisena Park in beautiful Flushing, not far from where I grew up as a wee lad. He rifled through the house, and when Caroline's dad came on the scene, the junkie beat him into a heart attack. Junkie, having found nothing, fled through the back door. Caroline called 911 and dad was taken to the hospital, treated, and released after a few days.
The bite of the reality of a complete stranger threatening the lives of everyone she loved in so immediate a manner peeled away all her illusions and brought her to instant reason. I never found her more agonizingly appealing than at that moment. The girl was FURIOUS and on a completely correct track. I was tempted to take a knee right there and beg her to be my wife, but it seemed ill time, so I kept it in my pants, so to speak. The story reminds me of the old saw about Republicans being Democrats who've been mugged.
So yes, reality strips away unrealistic ideals in a jiffy at times.