by Peter O'Donnell » 03/ 01/ 12 11:25 pm
These are tricky questions regardless of your political leanings.
Some believe that under common law, the public roads are free to be used by anyone for travelling. However, the bulk of actual case law probably invalidates that concept "de jure" so that people who decide to assert that right without qualifications (e.g. no valid plates, no insurance) are in essence making a counter-claim against the state, with both parties asserting ownership of the public roads. Since the state builds and maintains the public roads, and the dissenting individual does not, the legal validity of the counter-claim seems pretty weak to me. Of course I have that streak in me too that says, hit the open road and go where you wish. If only life were that simple.
I think it is reasonable to expect people to have paid-up insurance on the road. Not sure how it works in other places, but in B.C., you can't get plates without proof of insurance. More to the point, you can't get a valid sticker for your plates without the insurance. But some people then lapse on agreed payments and so technically they have the plates but no insurance. The state (meaning the province) factors this into rates and more or less agrees to be the minimal insurer of record in such cases, while at the same time asserting a right rather feebly followed up, to take away the plates (usually by towing away the vehicle). This forces the lapsed driver to renegotiate the insurance by paying it all in advance (as well as other penalties). That's probably enough penalty without tossing them in jail as well.
In other cases, perhaps people are out there with no insurance. That's not right. I don't see the public highways as open property to be used in any way seen fit by various individuals. You could view your own driveway or farm lane that way, I suppose, but once on the shared public road, you have both rights and responsibilities. People who don't accept this are basically in a state of social revolution. When leftists make social revolution, they get shot for their troubles, and have we suddenly decided that's a bad thing? I don't quite get this extreme libertarian culture, while I do understand the concept of being left alone by the nanny state, there are other considerations where citizens have responsibilities to each other and to the society. Isn't this why we criticize unlimited immigration? Otherwise the criticism is merely racism.
Some of this really is just citizenship 101 to me, I feel that going to extremes on some of these questions just allows various forms of mental illness and paranoia to rise to the surface, often with violent consequences. Getting the right balance is difficult. This is probably why Jesus took the time to toss Caesar the bone, I can't imagine that He was a big admirer of Roman government otherwise.