[rollei_list] Re: Fair Trade Laws
- From: Marc James Small <marcsmall@xxxxxxxxxxx>
- To: rollei_list@xxxxxxxxxxxxx,<rollei_list@xxxxxxxxxxxxx>
- Date: Wed, 20 Aug 2008 18:09:33 -0400
At 04:28 PM 8/20/2008, Richard Knoppow wrote:
> On the last point could not one argue the legal theory
>that the contract was illegal if it violated a principal of
>law? Plus the issue of property rights: once a dealer pays
>the manufacturer for something does it not become his
>property?
> As to the law about complete assemblies something
>similiar applied to sales or perhaps it was the now defunct
>excise tax
Two points.
First, the "principle" of law is that contracts
are all but sanctified. I can write a lot more
on this -- the history of the US Court's
acceptance of that most blatant of frauds, "the
minimum wage law", derives from the Courts
refusal to understand that basic concept and let
us hope that the current Supreme Court tosses
this out as well. The Far Left legal types have
been accusing the moderates of "Lochnerizing"
since 1902 while they do the same themselves
routinely, trusting that a US legal community
trained by O W Holmes, Jr., will follow
suit. As, they have, until now. This really is something different.
Excise taxes have nothing to do with this but the
idea is a neat one. No, it was just a matter of
the ability of a manufacturer to set the price at
which its products were sold. Nothing less, nothing more.
Me? (A dative of reference, for those who
care) I personally support the right of vendors
to sell under McKeown's Law and dislike the power
of the manufacturer to set prices in
contravention to the free market. But, then, I
detest the intrusion of the US government into
commerce since the reign of Theodore
Roosevelt. So, yes, I believe in a free
market. The late Ludwig von Mises rules! In the
end, legally or not, the Free Market rules.
A contract can be held to be unenforceable if it
is contrary to public policy but that is a shaky
basis on which to base a claim. A contract to
commit a crime is unenforceable but that does not
apply to contracts to violate a civil wrong in
general, though a creative prosecutor can often find a way around this.
Marc
msmall@xxxxxxxxxxxx
Cha robh bàs fir gun ghràs fir!
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