Law: A perspective.
15 years ago
General
I was thinking about the nature of law and I came to theorize that it is merely a tool by which me manage and regulate the use of violence.
The most primitive and original law can be summed up thus: "Do what I say or I'll smack you."
It is only through the threat of violence that law has any power. Those that are capable of expressing the most violence are those that dictate law. This has been a universal truth since the dawn of humanity.
We might like to think that it's fundamentally a social agreement, and to an extent it is. However due to their fundamental nature laws will always favor the strongest.
If you've not realized, there are few if any substantial changes that can be enacted through legal means. Only through violence can change be accomplished and only then when it is directed at those that wield/direct the greater violent power in the enforcement of law.
A demonstration has no power, a petition has no power, a protest has no power. These actions are bound by law and therefore held in check through unequal force.
As we've seen before. 500 million people demonstrating have less power to enact change than a well placed explosion.
Edit: Bencoon brought up a good point. The way to get effective and lasting change is not through violent actions, but by the capacity to resist them. If you don not fear the threat then it has no power over you and the laws that restrain it are moot. Of course the degree is directly proportional to how important what you are standing for is.
The most primitive and original law can be summed up thus: "Do what I say or I'll smack you."
It is only through the threat of violence that law has any power. Those that are capable of expressing the most violence are those that dictate law. This has been a universal truth since the dawn of humanity.
We might like to think that it's fundamentally a social agreement, and to an extent it is. However due to their fundamental nature laws will always favor the strongest.
If you've not realized, there are few if any substantial changes that can be enacted through legal means. Only through violence can change be accomplished and only then when it is directed at those that wield/direct the greater violent power in the enforcement of law.
A demonstration has no power, a petition has no power, a protest has no power. These actions are bound by law and therefore held in check through unequal force.
As we've seen before. 500 million people demonstrating have less power to enact change than a well placed explosion.
Edit: Bencoon brought up a good point. The way to get effective and lasting change is not through violent actions, but by the capacity to resist them. If you don not fear the threat then it has no power over you and the laws that restrain it are moot. Of course the degree is directly proportional to how important what you are standing for is.
FA+

That's an interesting thought in theory.. history has proven otherwise.
The women's rights movement didn't have to deal with actual legal regulations restricting them. Merely legal omissions being corrected. In their case the use of violence was not disproportionate as there was no need to hold them to the law.
In either case the legal framework actually preventing those goals was relatively minimal.
With regards to womens' suffrage, I quite disagree. Much of those actions were actually codified in law. In fact, it wasn't that long ago when women were considered the legal property of their husbands. Those women who fought for the right to vote were persecuted and often jailed during the early twenties.
There's quite a lot of fascinating history behind both movements, and nonviolent methods in general. (Why do you think Ghandi was so famous?)
Changes brought about solely by violence can actually have a detrimental effect, and the backlash is much more severe. Kind of like a democracy forced onto a people by an unwelcome outside entity is one that is tenuous at best. Like in Iraq; I'd be amazed if anything we created there will hold up in the next twenty years. Violent dictators who attain power through force of arms rarely last more than a couple years.
I would instead posit that you actually have it backwards. It isn't creating change that involves the threat of violence, even in the most abstract sense, it's preventing change. Enforcing the status quo. I had more to back up this theory, but sadly, I believe my brains have leaked out my ears by this point due to the early hour.
Gandhi succeeded due to economic aggression. He helped effectively halt the economic viability of India for Britain.
So you are correct that effective change does not rely on the use of violence, but it does rely on the ability to overcome violence.
"Do what I say or I'll smack you!"
"No!"
*Smack*
"I'm still not gonna do what you say!"
Oh, I agree, any major shift in a society will have a violent backlash, it's an inevitable result when those on the losing side refuse to adapt to changing conditions. Just part of our nature.
So yeah.
and yet The LAW is attempting to strip them of these firearms and the Constitutional RIGHT to own them
I would say that The Law is being used unequally, unfairly, and not by the strong but rather by the weak to FORCE the strong to be weak.
to give the minority the power over the majority.
just one example
The reason that you have the right to bare arms dates back to the founding of the country and it is part of an oath, forgotten, but its whispered echo is still present in the oath signed by those who protect this country. To defend the nation from all threats, foreign and domestic.
The law exists to remind the rulers that they serve the people as much as the people serve them. This does not mean that it is an open threat to rule by pole, people are too ignorant for that to be healthy. It is a warning spanning the generations, from the founding fathers to all whom follow them. This country is of the people, by the people, and for the people, act against their interests at your own peril.
I have yet to see an uprising.
and yet when 75,000 people match on washington, every news organization covers it...
but 2,000,000 people march on washington, only Fox News covers it.
yes, the two items are related. a minority is trying top usurp the majority... and the majority is stupid enough to allow it >.<
The law, right now, isn't restricting gun ownership. In fact, in the last year and a half, I've seen a greater expansion of gun rights than in the previous eight.
But yeah, you're right. A minority is trying to usurp the majority. We'll just see how successful they'll be.
there is Bias in the mainstream media, and it's to the left. Fox is only "rightwing" compared to the rest of them.
The lawsuit in question I think took place in the mid 90's and was the result of a whistleblower exposing the false news stories.
Fox news was caught and exposed using footage from different rallies to depict the ones they were reporting on. It was so blatant that even the season was wrong.
The numbers they provided were also found to be very inaccurate based on aerial photo comparisons of similar gatherings.
or the horrible (and fake) things STILL being said about Governed Palin can all stop now that FAUX news has be outted?
Or how about how the Parks And Recreation Department estimated the Tea Party march at 1.5 to 2 MILLION, but CNN, ABC, SEE-BS, and PMsNBC all refused to cover it?
(basically, if using ONE incidence from over a decade ago is reason enough to discard an entire news corporation, don't you think they have ALL discredited themselves enough over the years?)
didn't fox news copp to it after the fact? admit their "mistake"
I have never heard Any other news org apologize for their attacks (which were all lies) on Bush, OR Palin.
I'll admit that I'm Biased, but anyone that knows me KNOWS that I am, so it's all good.
so, Most of the "news" organizations out there ARE biased, but they deny it. Fox, from what I have seen, at least TRIES to be fair and balanced.
That lawsuit set a precedent for all news organizations.
You should probably do a bit more research before you try to defend Fox news as being fair and balanced.
so may I presume that this is just another hit piece on fox, and ignore it as you would ignore the lies of CNN or Dan Rather?
(p.s. I am not writing this in HATE. there is little hate in me. just annoyed that one incident from over a decade ago dismisses any truth they are telling now)
I'm also not defending CNN or anyone else. Every news org is full of crap. Fox just happens to have an agenda and is a bit more blatant.
Now yes, I do believe that most of the news outlets are biased. But Fox is as far right as the rest combined lean left. You need to listen to all of them in order to try and discern the real deal. The truth is usually the gray area in between.
As for firearms, I think those who want them need to be given a psych eval to determine if they are competent enough to handle and wield a firearm properly.
Yes, I listen to "the Left-Wing" media. 90% of the time they are all I can get on the radio.
there is also the truism from Sun Tsu "Know your enemy".
I'm not completely ignorant, I DO listen, and not just to find things I disagree with. I hope, each and every time I turn on the news that I will hear something that I agree with, and or makes me happy.
I should know better by now.
on firearms: who gets to make that judgment? and how can you trust them to always make the right call?
PLEASE do not say the government decides...
I think we are just going to have to disagree with each other on this topic. I don't see how we'd be able to come to a mutually acceptable middle ground.
Huh. Guess I was wrong, yeah. February 2003. http://www.relfe.com/media_can_legally_lie.html
ref: http://ceasespin.org/ceasespin_blog.....rm_public.html
second video down on the left
FOX did not "win" the right to mislead. they got the whistleblower case thrown out.
I had not heard of this before, but I have heard of the ®BGH issue, and I oppose the use of ®BGH.
so, one point there.
hmmm... a news company being paid billions in advertising and insisting that a story NOT be run that sheds a bad light on one of their products. I can understand it, but these reporters should have had the wherewithal to move the story to another outlet.
NOT defending FOX, just saying if they didn't like the bull, they should have stepped over the cowpatty.
Everything has a bias, but no, the news corporations are not as leftist as you are told to believe. Facts are not a liberal plot. The closest there is to a leftist news channel is MSNBC, and only because they have Rachel Maddow and Keith Olbermann. Hell, they hired a commentator who referred to Souter as a "goat fucking child molester." Yeah, that's one liberal mofo, right there. Fox is not just an extension of the Republican party, at this point, they pretty much run it.
It's quite obvious by your posts that you watch Fox, and specifically watch Glenn Beck. Unfounded claims, appeals to emotion, and outright attacks, as demonstrated by your post here. Expand your view. Watch the Daily Show and Colbert Report; it's funnier and you still get to be outraged. They also pick on Democrats! And while Jon may sometimes softball interviews, he and Stephen Colbert do plenty of factual pieces, while making it really obvious when they go out of context for the sake of humor.
personally, I like Kennesaw, Georgia. they have a law on the books clearly stating that if you are a homeowner within the city limits you are REQUIRED BY LAW to have a working firearm on your premises at all times.
There is no enforcement of that law, but crime drop significantly after that law was passed.
They have been able to set themselves outside of european law, and basically write their own laws, due to their threat of violent actions if their stone age values are not respected.
I'm not trying to be a dick, and probably failing cause i kinda am one.. but.. the way its phrased is...kinda dangerous.. you substitute the word "islamist" for any other minority group and it suddenly sounds alot worse...the dicks and extremists always stand out... and they do tend to get their way, but "they" usually speak only for their own goals, "they" want you to think that all of their minority is the same.....so that no one will listen when the normal every day person says "those" guys are insane... black panthers, the IRA... hell, the fugging KKK, white racists are shitheads! and every time i go in public and hold a door for a black lady i get this look like "oh my god, that shaven headed camo wearing skinhead is being nice to me! wtf is going on!"
...maybe i oughta stop shaving my head...it seems to be making people judge my character unfairly...
And islamists are also pushing for worldwide blasphemy laws, to protect their followers from hearing words that might pry their tiny little minds out of the stone age.
I'm sorry, but free speech is more precious than any religious belief system will ever be.
I'm sorry to sound like I am bashing your religion. Well, no... I'm not.
Islam is a horrible belief system, and it's ardent followers tend to be cruel, heartless monsters. The "dicks" of the muslim world murder people. You can pull out the biggest race card you want, but islam will still remain a barbaric religion that enslaves women, hardens hearts, and contaminates other cultures like a vile oil slick.
It saddens me that such a relic of past brutality still persists into modern times.
My problem wasnt with what you said, but rather the way it was said...i know that sounds stupid, but there it is, i thought you were making a general statement about all muslims, and as i say, ive heard this tune befroe..
I value free speech over anything and everything, but i also value your right to believe what ever the hell you want, that also means you have a right to talk about what you believe and not be persecuted for it... The aggressive Islamic movement (fundamentalists and terrorists) go across the line because they are telling people what they are allowed to say and what they are allowed to think. This dumbassary with that stupid comic strip...
So... there is no love lost between me and Muslims, I once had a Palestinian man in my class start preaching to me about how i just didnt understand because the way they behaved, with guns and bombs, was the only venue open to them and that i could never imagine what it would be like to be kicked out of your home by some invading army and having to live in a tent somewhere....I snapped his head off by telling how him and his family would have been treated for acting the way he was by any other conquering army through out history... (if a roman legion kicked me and my family out of our house id be thankful to not end up nailed to a tree, butt naked, along with all my loved ones, to starve, or, if lucky, suffocate on my own fluids...they did that, they are in fact rather famous for it)...i didnt make any friends that day but i think i made my point as he didnt bring it up again..
No...i get what you are saying...i just dont necessarily want to see an entire race of people round up and murdered because of a few scummy assholes who have diarrhea of the mouth...though it'll probably happen eventually...what's old is new again, as the saying goes...
i believe the Islamists would call it blasphunny... http://www.youtube.com/watch?v=gCGiRf29lAg
The lowest, most brutish, of the species would for ever be in power simply because they answer to no moral. "All that catches my eye is mine, and all who stand in my way of taking what is mine shall suffer greatly"...Many of the "achievements" of the ancient empires were "achieved" by conquest. We will never know who built the sphynx because the odds are the pharaohs of Egypt (the most megalomaniacal people in the history of the earth) likely saw the vast wonders of the ancient empire, and sent their armies in to kill everyone and take it over. There was a third culture at the time of the Romans and the Greeks, and no, im not talking about atlanteans 9.9 though some think that there might be some link to the stories of Atlantis... this other culture, who, i beg your forgiveness, their name currently eludes me, made great advancements...and when it fell, many of these advancements were ultimately claimed by Greece or Rome (this is all coming from the history channel by the way, who tend to be of the theory if it didn't involve Nazis, aliens, demons, the end of the world, or the civil war, its not worth covering, so take it with a grain)...Those were the laws of force, whats mine is mine, and whats yours will be mine soon if i can get it from you...
Today laws exist for the people. They say what you can do. They tell you what you cant do. And the law that says i cant do something means you cant do it either. There are always those who would seek to corrupt the law to their own ends, many make a job of it, we call them politicians, policemen, and lawyers, but the laws are there for the common good. Yes violators are punished, but the question is: A child reaches for the glowing hot element in an open oven, you warn him not to touch it because it will hurt...he continues to reach for it anyway, ignoring mommy and her stupid rules, does a good mommy grab the child and put him over her knee, or does she let the child grab the searing hot element, letting the days of incredible pain and weeks of recovery teach the lesson? I will let you answer that one for your self as both seem viable teaching methods in this country ¬.¬...
Change can happen without violence...Change doesn't happen in a country, or in a world, it happens in one heart at a time, you cannot beat or threaten someone into being who you want them to be. Look at the gay thing. Conservatives can say what they want, but little by little, heart by heart, people are waking up to realize... "Okay, Bob and Jack being together....really isnt such a bad thing, and them getting married certainly doesn't hurt me.....hell, they seem happier then i am with my own marriage" yes, that is my personal politic, you may disagree, and if you do i encourage you to do so, but its how things happen... so much has changed just in the past century... yes, the murder of King did more to advance the cause of desegregation then any of his demonstrations, but does it not say something that change can happen without violence, when violence against a man of peace did nothing but accelerate cause?
There was a man in history who felt change happened only through violence, and that the only way for one race of people to survive is by devouring its neighbors who are competing for the same resources...I draw now connection to him and this discussion, but his example is what makes me believe so absolutely that change can, and must, be possible without the spilling of blood or the destruction of what others hold dear..
You may be thinking of the Khemit, the civilization that thrived in egypt during its fertile period.
You have a noble view of how law functions but unfortunately that is rarely the case. Those that have power have always and will always continue to ignore law. Be it subtle like evading a parking ticket due to their stature or substantial, like invading a nation. The powerful wield violence to ignore or manipulate law. This is as true today as it has always been.
Laws are in general not in place to protect us, but to protect the powerful.
Non-violent social change can and does happen, but only when it does not threaten the power elite.
"There was a man in history who felt change happened only through violence, and that the only way for one race of people to survive is by devouring its neighbors who are competing for the same resources." -Every leader with a military capacity backing them to enact those beliefs.
There's no such thing as a justice system. There's a series of laws and precedents that have taken shape that *resemble* one, but by no means do the laws have any reflection on reality. So, generally, people will do whatever they like, and the smart, powerful and/or rich people will do so within the random rules of the law system, even if it is immoral.
Second concept: Why doesn't it change? Because it works well enough for enough people at any given time that we're not motivated enough to make a change. Same reason anything nonsensical stays the way it is.
Summary: Laws have always been a product of people with power clubbing people without power, and we're all too lazy to stand up for the underdog.
Interesting indeed.
The Pen and sword debate has been finally ended with the successful hacking of a nation before a single soldier stepped foot in the land.
Link A
Link B
i understand laws...some are obsolete...some are stupid, and a cop i knew once said if he followed anyone, even another cop, long enough, he could arrest or fine them for something, its impossible to make it through a day without breaking a law...but all are there for a reason, all im saying is that some of them are necessary to defend those who cannot defend them selves...nature says the weak suffer and the strong thrive, i dont want to live in a country that makes that doctrine..someone once said that the true measure of any group of people is how they treat the weakest members of their ranks...and i say the truest measure of a person is what he is willing to give up for someone who needs him. In nature, a weak or injured wolf is killed by the pack, (who ever reads this and spazzes, dont give me pack loyalty, i love wolves, but its true, an injured packmember is just a hindrance, and is either abandoned or just outright slaughtered,) a video made it onto youtube of a dog running into a busy highway to pull another dog who had been injured in traffic to safety...maybe it isnt natural, but i know the world id rather live in, a world that has things in it worth dieing for...laws arent one of them, but there isnt always a hero there to save the day
LAW
Essentially though, you are right and this is the anarchist viewpoint. Law from the barrel of a gun is not righteous and just, and it is generally just expedient to behave and not get thrown in the slammer for your actions.
All those protestors getting gunned down whilst singing "give peace a chance", all the tear-gas and water cannon used at the G8 meetings on innocent, peaceful protesters (yes, there most certainly ARE people who want nothing more than to smash and grab, but that doesn't excuse the hammer going down on those who are not) - this isn't law for the meek, this is law to keep those in power in power. Nothing more, nothing less. You may call it a social contract, but break it and you risk far more than being ostracized.
Try being somebody who doesn't believe in slavery
Just try being a black woman who doesn't want to sit at the back of a bus.
Try being somebody who doesn't think invading a country of people who aren't interested in your "democracy" is right (twice, at least)
try being somebody who thinks that partners in a life-contract don't need to be opposite sexes.
We are very, very far from free.
Most are happy, sure, but it's the tyranny of the masses, and what happens when the masses don't agree with you?
"My Freedom to swing my fist around stops right where your nose starts."
Let's look at that for a moment. you and I have the same essential Freedoms. and the only limits on those Freedoms are when they start to cause harm to others. In other words, Your 'right' to have an unbroken nose trumps my 'right' to swing my arm around.
We can come up with a lot of other examples, and most will seem obvious: if you have something I want, I cannot take it without asking you if it is okay first; if I promise to pay you for a sketch, I should pay you what we agreed upon; and so on. We work by these conventions every day, and in small groups we don't even need to codify them as 'law.'
The penalty in these small groups also tends to be tailored to the offense, but often results in the loss of personal 'honor' in the eyes of the group. This is an effective punishment for the most part because everyone in the group wants to stay with the group, and losing too much 'honor' will result in expulsion. Thing of your own personal circle of friends, you like them, you want to be around them, so you try to avoid doing things that will make you seem like a 'jerk' or a 'creep' in their eyes. Even if there is one person in the group you dislike, you put up with him 'for the sake of your friends.'
As a group gets larger, it is harder to know everyone else on the level where personal 'Honor' ('cool,' 'style,' whatever) seems that important, and stronger punishments are needed to ensure the group can 'function' without too much active internal strife. The rules also start to get stricter and more arbitrary, since it is now a subset of the group dealing with 'justice' and 'fairness.'
As the group grows even larger, the laws grow more detailed and convoluted, until you need a subset of the 'justice dealing' subset just to explain the rules to each other and to the decision makers. Nobody really knows what is right or wrong anymore, as something that seems perfectly right and natural to Able and Baker is seen as an Abomination in the eyes Charlie and Delila.
...
In a perfect world, we would be able to live and work in small groups, with the few 'laws' reaching overhead are there solely to prevent unpleasant acts between groups. A delicate balance between Anarchy and Totalitarianism, as it were.