| LAW:
the raft of rules that supports the gravy-boat of state |
 |
Law is the raft of accumulated formal rules with the objective
of optimizing the retention of power by the executive social order.
By this means ongoing access to state resources is ensured.
The consequences of transgression are imposed upon the general citizenry
by education and persuasion where possible
but, ultimately, by means of force.
The control and restraint of groups
and individuals by means of such a state-organized justice
system of retribution, has much more serious outcome implications than those resulting
from simply breaking the rules of a grammar or a game.
Life itself, freedom and rights are incorporated in the consequences
of the laws of a state.
Once apprehended, the individual can quickly lose all control over their participation in the
society of the state
where there is an effective policing authority to impose the system of justice.
Laws without a functional police and justice system are simply irrelevant.
Whilst laws are contrived to control many facets of state activity, nevertheless,
the individual or group will ultimately be confronted by the apparatus and
organizations of state.
Those laws concerning such matters as taxes, trade, immigration, transport, conscription and
the like, are created in the self-interest of the state and bring any transgressor
into immediate conflict with the state and its self-interest.
If they cannot overcome the intentions of the state by some means,
devious or otherwise, then they will
experience its physical will.
On the other hand, laws concerning such matters as murder,
theft and rape are created for the purpose of reassuring the citizenry that their
individual rights are protected by the state.
Such matters however, do not normally threaten the integrity of the state and
despite public protestations to the contrary, the administration
of justice is often imbued with impotence and indifference.
Impotent, because protecting individual citizens from the predations of
robbery and physical violence is essentially impossible.
Indifferent, because the violation of one individual by other individual only rarely
impinges on the security of the state.
So indifferent does the state sometimes become, that even the rights of
the victims are diminished in an attempt to
compensate for its impotence.
Thus when an individual kills in defending his or her life or property, the intended
victim becomes an easy target upon which the state can demonstrate its power.
The state usually has considerable difficulty in establishing the identity
of the culprit of a physical violence, and a miscarriage of justice is a
very real possibility.
This is especially so in a system of adverserial reconstruction, where the objective is to
win the case by persuasion, rather than to uncover and agree to the probable sequence of
events.
The state does not have the power to protect all individuals.
If an intended victim has the opportunity to administer a justice of
self-preservation directly upon the perpetrating culprit, then sanctioning
such action would go some way to supporting the rights of victims.
Totalitarian dictatorships and
religious hierocracies become so paranoid
about their continuity, that every minute aspect of life
is legislated for and internal revolution only becomes
possible when external disturbances disrupt the structure.
Even in a supposed democracy,
where the laws in general are presented as being the result of majority influence,
some of the laws are always biased towards the
incumbent group being able to retain power as much as possible.
Laws are enacted about who can vote and where and how, and what promotion
facilities are available and so on, so that minority groups are kept
exactly where they are.
The executive members of a state enjoy the privileges
and want to be there because of their ability to recompense their intrinsic
worth with an adequate flow of state assets.
Laws and a justice system are the means of sustaining
their status quo.