🚫 Common Law β€” Part VI: Licensing: How Rights Are Quietly Traded Away

This article is part of a structured series based on the work of John Quade. Each installment builds on the previous one. If you’re new here, I strongly recommend starting with the Series Introduction, which explains the purpose, scope, and proper way to read this work.

πŸ”‘ The Price of Permission

One of John Quade’s most unsettling observations is also one of the simplest:

Every time you accept a license, you surrender a right.

Licenses are presented as conveniences β€” even protections. They appear neutral, administrative, and necessary for modern life.

But at law, a license has a precise meaning:

A license is permission to do something that would otherwise be illegal without that permission.

This definition changes everything.


πŸ“œ Rights Do Not Require Permission

A right, by its nature:

  • Exists without approval
  • Cannot be lawfully prohibited
  • Does not need regulation to exist

Once permission is required, the activity is no longer treated as a right β€” it has been reclassified.

Quade’s contention is not that all regulation is evil, but that classification precedes control.


πŸš— Driving vs. Traveling

Quade uses one of the most common examples:

Driving.

Modern people are taught that operating a vehicle is a privilege.

Historically, however:

  • Travel was understood as a right
  • Driving for hire or commerce was regulated

Licensing did not govern movement β€” it governed commercial activity.

The quiet shift occurred when everyday travel was redefined as a regulated activity.

Once licensed, the individual no longer moves by right β€” but by permission.


πŸ’ Marriage: Covenant or Contract?

Marriage provides another example.

Historically:

  • Marriage existed as a covenant
  • The community and church bore witness
  • No state permission was required

The introduction of marriage licenses altered that relationship.

By applying for a license:

  • The state becomes a third party
  • Jurisdiction is established
  • Terms are imposed by statute

Quade points to court decisions recognizing this shift, arguing that many consequences of family law flow directly from that initial consent.


🏠 Property and the Illusion of Ownership

Licensing logic extends to property.

When property is:

  • Registered
  • Titled
  • Taxed annually

It begins to resemble a conditional grant rather than absolute ownership.

Quade frames it starkly:

If you pay ongoing fees for something, you do not fully own it.

Licenses and registrations convert possession into compliance.


🧠 Why People Accept Licenses

Licenses succeed not because people are malicious β€” but because they are practical.

Licenses offer:

  • Convenience
  • Uniformity
  • Access
  • Predictability

What they quietly remove is independence.

The trade seems reasonable β€” until enforcement appears.


⚠️ Enforcement Reveals the Truth

When terms are violated:

  • Permission is revoked
  • Penalties apply
  • Property is seized
  • Activities are prohibited

At that moment, the individual discovers the true nature of the relationship.

Quade’s argument is not emotional β€” it is diagnostic:

Enforcement exposes whether you were acting by right or by license.


πŸ”„ From Self-Governance to Supervision

Licensing shifts society from:

  • Self-governance
  • Moral accountability

To:

  • External supervision
  • Administrative control

The more licenses required, the fewer rights remain recognizable.


🩸 Why This Matters

A population trained to ask permission for ordinary acts will eventually forget what authority feels like.

Quade warns that liberty does not vanish overnight β€” it is regulated out of existence.


🧱 What Comes Next

If licensing converts rights into privileges, then the next question follows naturally:

What happens to property under such a system?

Ownership.
Title.
Taxation.

β€” Next: Part VII: Property, Allodial Title, and the Illusion of Ownership