Through a combination of being familiar with the likes of John Locke and other natural rights theorists in my studies, and recent discussions here which have touched on the topic of property rights, I have came to wonder whether or not anti-discrimination laws are legitimate.

As Locke said, the most basic rights are those of "life, liberty, and property", and these are unalienable, and enshrined as such in the US Constitution. To quote from a site Lemur linked to on another thread, "A property right is the exclusive authority to determine how a resource is used, whether that resource is owned by government or by individuals."

Surely anti-discrimination laws such as the Race Relations Act 1976 stamp all over the fundemantal right to the ownership and use of property? If a businessman owns a premesis, who is the government to tell him who he must let work on it?

Maybe this is another topic I'm coming on to, but if the anti-discrimination laws are themselves against the most fundamental laws of the land (those by constitution, whether written or unwritten, since both US and UK constitutions are based on these fundamental rights), surely citizens have no obligation to obey them?

Maybe I am too influenced by the individualistic theory of resistance proposed by George Buchanan in 'de Juri Regni apud Scotos'. While people may criticise this saying it means everyone taking the laws into their own hands and could cause anarchy, I find it to be sound as a political theory.

Indeed, these ideas are the very ones on which the UK political tradition is based. To quote another figure, Francis Hutcheson wrote "For wherever any Invasion is made upon unalienable Rights, there must arise either a perfect, or external Right to Resistance" (I conceded I got that quote from wikipedia).

Say for example a white-supremacist refuses to serve a black guy in his shop. Even if the courts would try to punish him, IMO he is no longer bound to recognise those courts, since they are themselves trying to enforce laws which take away his property rights. And in doing so, they act illegaly, and renounce themselves of all legal authority.

Thoughts?

PS - I am not racist. (wish we had the 'surprise' smiley here)

I just support peoples' right to be racist, so long as they don't start trampling on others rights because of it.