π« 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 youβre new here, I strongly recommend starting with the Series Introduction, which explains the purpose, scope, and proper way to read this work.
π The Price of Permission
One of John Quadeβs 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.
π 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.
Quadeβs contention is not that all regulation is evil, but that classification precedes control.
π 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.
π 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.
π 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.
π§ 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.
β οΈ 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.
Quadeβs argument is not emotional β it is diagnostic:
Enforcement exposes whether you were acting by right or by license.
π 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.
π©Έ 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.
π§± 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