Archives for category: Rule of Law

And the LORD God said,
Behold,
the man is become as one of us,
to know good and evil:

We live in a world of our own making.
We build it by talking ourselves into shaping it one way or another.
If not careful, we end up building a lie!

Competition has nothing to do with what’s going on in the jungle!

The jungle is about eat or be eaten!
Competition is about rules. Follow the rule or you’re kicked out before you get to the end!
The competition stops being true the moment you break the rule and your co-competitors do not throw you out.
By not throwing you out, those in attendance have just transformed that particular pitch into a jungle!

Cooperation is the law of the civilization!
This part is true. But incomplete!
As I explained before, to compete implies to cooperate. Those involved in a competition want to know who amongst them is better in a particular field. And COOPERATE in order to find that answer. By doing that they also build what we currently call ‘civilization’.

Kropotkin might be forgiven for what he had said.
He didn’t get to witness the Chinese Cultural Revolution. That was the true pinnacle of ‘cooperation’! Not civilized by any measure…

We really need to be more careful with words.
With what we say and with what we end up holding to be true!

“And the Lord God commanded the man,
“You are free to eat from any tree in the garden;
 but you must not eat from the tree of the knowledge of good and evil,
for when you eat from it you will certainly die.””

As you might already know, I grew up under communist rule.
The regime described itself as being democratic and promoting freedom. Freedom for all!

The day to day practice, the life we had to endure, proved those words were blatant lies.
Nobody but the dictator was free and the communist democracy was a sham. As soon as anyone opened their mouth – nobody was crazy enough to open their mind! – however slightly, their words were met with extreme caution!
This way I became accustomed with ‘double talk’ before even knowing the book existed!

In a sense, being aware of the fact that words are able to ‘transport’ anything – from abject lies to sublime – is a step further. For the individual. For a society…
When each individual member of a society doubts everything heard or read, that society does have a problem! Disseminated disbelief precedes dissolution.
When individuals no longer trust each-other, things go south fast. Society wise!

Freedom has three dimensions.
‘Phusical’, personal and institutional.
Phusis is the ancient Greek term for ‘growing’ and ‘becoming’. My point being that some things are free in a naturally occurring manner. Also, the phusical freedom is naturally limited. Birds are free to fly only inside the lower strata of the atmosphere.
Personal freedom resides inside our individual minds. Is learned by each individual as a result of social interaction. Is limited by what each individual internalizes during their ‘potty training’.
Institutional freedom is the cultural product of social interaction in a given historical context. I’ll leave aside the fact that history is heavily influenced by geography.

Back in my communist experience, freedom was ‘make believe/belief’. We pretended to be free – otherwise we would have gone nuts – to the tune of convincing ourselves that life was worth living. Otherwise we would have died trying to escape. Furthermore, we convinced the ‘others’ – the ever present ‘political surveyors’ – that we were at least content with what was going on. With how our lives were unfolding.
Our pretenses were the opportunity on which ‘the party’ – the communist party – had built its edifice.
The opportunity grabbed and put in practice by the dictator. Which dictator was the only one enjoying actual freedom. Institutional, personal and, certainly, a lot more phusical freedom than the rest of us.

Another crass example of double talk is how the Americans use the term ‘liberal’. For the Conservative Americans ‘liberal’ is a cuss-word while the Liberals are proud to be called in this manner but the word does have the same meaning for both of them. It includes everything on the left side of the political spectrum, communists included.
The problem with this whole thing being the fact that the communists – the ones inspired by Marx, anyway – are amongst the most conservative political operators ever. No communist has ever changed anything in Marx’s Communist Manifesto. Or doubted anything written by Lenin. No communist has ever accepted that institutional communism, the one that failed, was far more than a crime. A huge error!

Anything familiar?

And what has any of this to do with the First Lie?
With the first lie, perpetrated by the Founding Father at the very beginning of the most important Book?
Which Book is supposed to be read literally by certain individuals having a certain political orientation?

I really can’t wrap this thing up before noting that the First Lie didn’t hold.
The serpent convinced the woman to eat, she passed the fruit along to her man and thus we’ve all became able to ‘tell good from evil’. To a degree, of course.
And nobody died! Not immediately, as a consequence of them eating that darn fruit.

And the Lord God said,
“The man has now become like one of us, knowing good and evil.
He must not be allowed to reach out his hand and take also from the tree of life and eat,
and live forever.”
 So the Lord God banished him from the Garden of Eden
to work the ground from which he had been taken
“.

Classic sociologist Emile Durkheim theorizes that crime exists
in all societies because it reaffirms moral boundaries and at times
facilitates needed social changes,
while former U.S. Senator Daniel Patrick Moynihan believes that
Durkheim’s views omit the possibility of too much crime, especially violent crime,
so that deviance as a serious social problem is not addressed.

“Normlessness and deregulation are poor translations of dereglement for several reasons. They did not enter into common English usage until the 1960s and certainly didn’t exist in Durkheim’s time. Dereglement is difficult to render in English. It carries with it in French the connotations of immorality and suffering, but is perhaps best translated as derangement. Anomie as dereglement implies a condition of madness or something akin to sin. This concides with the observation that over 20 words denoting sin were translated as anomia when the Bible was translated by St. Jerome and others.”

Durkheim was right after all.
‘Crime’ does fulfill a social function.
Some deviance, when well ‘managed’, can be useful. The US have somehow managed to transform a rather high level of deviance into ‘speed’. 250 years ago, the 13 American colonies were almost insignificant.
Today, the US is the most powerful/wealthy nation on Earth. While the Union continues to be the most ‘deviant’ among the civilized nations. On all conceivable metrics.

The key words here being, of course, “well managed”!
Maybe the time has come for the likes of Senator Daniel Patrick Moynihan to go back to class. And to finish reading what Durkheim had to say about things.

The problem with the current political class, not only in America, being the fact that too many politicians ‘outsource’ responsibility!
It’s not history’s job to maintain accountability!

The politicians themselves need to provide enough reasonable alternatives for the ‘people’ to chose from!

Durkheim, read from both ends, told us that much.
We are the ones who need to maintain the balance.
For it’s us who will bear the consequences!

No matter who was the culprit, we’ll have to clear up the mess.
So we’d better stop the fan from spreading the mess around!

After all, shit happens. It’s a natural occurrence.
We have to eat so we need to relieve ourselves.
But how about doing this in a civilized manner?
And not rewarding those bragging about ‘inappropriate behavior‘….

Language is the tool we use to convey information.
To speak our minds…

The consequences of tool use – messages, in this case – depend on the yielder.
The consequences of shooting a gun depend mainly on the person aiming the gun.
The consequences of using language … depend on those who are at the both ends of the ‘barrel’.

Messages – consequences of language being used to put together batches of information with the intent of transmitting them to an audience – are interpreted as soon as they reach their ‘target’.
Meaning – what the receptor makes of a message, using the same languaging tools as those put to work by the emitter – depends mainly on the receptor. In fact, most of the times, there’s more information to be gleaned from a message than that intended to be conveyed by the person initiating the exchange.

The text attributed to Orwell is too simplistic and too misleading to had been penned by Orwell.
Hence Google…
There is no substantive evidence that George Orwell who died in 1950 made this remark. The earliest known matching statement appeared in a column in the Washington Times newspaper written by the film critic and essayist Richard Grenier in 1993

If interested in who said what and what Orwell thought about the subject… just click on the link above.
I’ll only add the reasons for which I know it to be a misleading affirmation.

The factual truth is that only dictators need to be guarded by rough men during their sleep. And during the rest of their lives…
We, the rest of ‘the people’, go to sleep at night knowing there’s only a very slim chance to be targeted by thieves. Yes, we know that the police will likely come to investigate after the fact. After the fact…
But we also know that we are less likely to fall prey to violence than those living in other countries because our societies work better than those which are more violent than ours.

Because our society works better, not because we employ more ‘rough men’ to guard us…
On the contrary!
The more violent a country, the more ‘popular’ the ‘rough men’ are. On both ‘sides of the isle’!

And the more violent a country, the less peacefully people sleep in that country…

Man has a natural tendency to prey on other people.
This being the reason why humans must be educated
and for which we need a lot of coercive measures.

I strongly disagree.
The first sentence is utterly wrong and the second is brazenly manipulative.

Something which can be educated isn’t ‘natural’. Not in the sense implied above!
People can be educated to eat in a certain manner. As in having ‘table manners’.
People can be educated about what to eat. And what to avoid eating. To avoid eating things which are both delicious and nourishing.
People can be educated even about how much to eat!
But you cannot educate anybody to stop eating!

What is truly natural about ‘Man’ – about all people, actually – is that they need to interact with other people. In order to become full fledged human beings, people need to live among other people.

What can be educated is behavior. How to interact with other people.

People can be educated to cooperate.
Or people can be educated to gang up. And prey on those outside the gang.

Please note that those who gang up in order to prey on others do cooperate among themselves!
Even if that cooperative behavior has a strong hierarchical nature.

I’m convinced Putin still believes he might get away with it.
With whatever he wishes to accomplish…

Why?
Because he is convinced that the only thing which might prevent him from achieving his goal is ‘the West’.
You see, he is adamant that without the ‘western influence’ he would have imposed his will upon Ukraine a very long time ago. After all, he’d already done that in Russia, didn’t he?
And the West seems to be loosing its focus….

A lot of ‘distraction’. Trump is indicted on 37 counts, mainly for mishandling highly sensitive information, while Boris Johnson quits his MP chair claiming he is the victim. ‘I did mislead the Commons but I didn’t do it on purpose’.

According to Putin’s book, there’s no difference between him and these two guys. All three of them have nothing in their mind but their own interest. In this respect, Putin is absolutely right.
What he fails to realize is that Trump being indicted and Johnson being investigated by the Commons are signs of strength. The US and Britain, respectively, seem to have came back to their senses. And started cleaning up their act.

He, Putin, also fails to realize that the Western help might come in handy. For the Ukrainians.
But what keeps them fighting is their will. Their quest for freedom!

The very same thing had happened during WWII.
The West did carry huge amounts of weaponry to the former USSR. Which weapons had helped the Red Army resist – and then defeat – Hitler’s attempt to enlarge the German Lebensraum. But without the ordinary Russians putting up with the war… all western help would have been lost!
Same thing is happening under our own eyes. The arms beefing up Ukraine’s army might come in handy but it’s the Ukrainian determination to lead their own, independent, life which will eventually douse Putin’s ambition.

One final thing.
Nazi Germany had ultimately failed because it was an ‘imperium’. A socio-political arrangement where all decisions were made in a highly centralized manner. Where mistakes accumulated and eventually made it impossible for the arrangement to survive. Because unsolved past mistakes make it impossible for a system to evolve. To solve present day challenges.

Any resemblance to what’s going on in present day Russia is nothing but yet another proof that failing to understand history forces you to repeat the lesson.

War and chess have a lot in common.
Most strikingly, the different manners in which both of them end.

The king is captured.
Or the other side gives up.

A tie is nothing but the prelude for an encore, not a real end.

Even the roads to the end are very similar in both cases.
While at the start of the game/’joust’ everything is ‘possible’ – nobody knows what the other side might be doing next, as the end nears each of the combatants are more and more limited in their currently available choices by the consequences of their previous decisions. By the very path they had followed since the beginning. Which path becomes more and more evident for everybody present. Opponent as well as spectators.

Finally – but not the least important, the similarities go even further. Deeper?
The king is the most ‘important’ piece but not the most powerful. In fact, the king cannot do much by itself. It can help the other pieces achieve their common goal but when left alone it is basically powerless. The only thing it can do is run. But only as far as the board allows it to go…
A pawn, if it manages to reach the eight rank, gets to be promoted. To become the new ‘right hand’ of the king. The new ‘most powerful member of the team’.

‘OK. And the real point of your post is?’

Putin cannot win this war – cause war it is, by himself.
Hence he needs to preserve the loyalty of his henchmen, to instill enough fear into his opponents to make them quit and to convince the ‘spectators’ that their efforts to help Ukraine are too expensive.

Now!
Are we smart enough to understand that we, each of us, are ‘next’? That each time a bully gets his way, all other (would be) bullies present become even more bullish?
Are we smart enough to understand that the most meaningful thing we can do in this situation is to separate Putin from his power base? From the ordinary people who see no other alternative and from those who, for various reasons, continue to support Putin’s misconstrued ‘vision about the world’?
Are we smart enough to understand that no matter how hard it is for us, the Ukrainians have it ten times harder?

Democracy is about every body having the opportunity to speak up their minds.
To speak up their minds, not to kill their neighbors under the pretext that there is a difference of opinion between them!

“We didn’t invade Ukraine,” he claimed.
“We declared a special military operation because we had absolutely no other way of explaining to the West that dragging Ukraine into Nato was a criminal act.”
“Russia is not squeaky clean. Russia is what it is. And we are not ashamed of showing who we are.”

Are you trying to figure out what’s the real meaning of Lavrov’s words?
Let me translate for you this fine example of NewSpeak.

‘We – those who are currently running Russia, will do whatever we need to do in order to preserve our power.
In order to achieve that, we first and foremost need to convince the ordinary Russians to continue to obey our orders.
In order to achieve that, we need to convince the ordinary Russians that you are the enemy and that their only chance lies with us, their current masters.
Hence each time we destroy an Ukrainian apartment block and any of you says ‘Russians are savages’ we’re one step closer to our goal. Each and every time any of you declares ‘Russia has to pay for what it has done in Ukraine’ we tell them, the ordinary Russians, ‘See? This is what they plan to do to you once we’re are gone’.

WWI had lasted until 1945.
We have the opportunity to end the Cold War now.
The war in Ukraine will reach a conclusion. Let’s make it so that after the war will have ended, Russia will fold in the family of ‘civil’ nations.

Those nations that choose to live in peace!
Not because they cannot win wars but because they have learned that winning wars it’s not enough. Those nations which have learned, the hard way, that war has but one winner while for peace to last every body must be a winner.

Some say that history repeats itself until we figure out what it meant in the first place.
Others maintain that history’s first ‘helping’ comes as a tragedy while the second becomes a farce.

Well, I’m afraid things are a little more complicated.

For starters, history doesn’t do anything.
History is nothing but a string of events. Considered noteworthy and written down by some of those who have survived the above mentioned events.
NB, ‘winning’ is not necessary. Being able to survive – and to write, of course, is!

It is us who consider some of the events we have witnessed – or read about, to be noteworthy.
It is us who attempt to draw meaning from what we ‘hear about’.
It is us who are arrogant enough to believe we have learned anything.

Which brings me to the next step.

We live in a huge reality.
But see only a small portion of it. Understand even less than that.
But consider ourselves rational human beings. We are convinced that what we do – the decisions we reach and then put in practice, are based on reason. And good will!!!

Day to day practice tells us that individuals make mistakes.
I’ll leave ‘alone’ the actual ‘criminals’, I’m going to consider – for the scope of this post, that all of us act in good faith, all of the time.
Hence we need a mechanism to cope with the ‘honest mistakes’ made by every one of us.
No matter how low or how high in the ‘pecking order’.
No matter how feeble or how powerfull each of us is.
How much decision power each of us musters at any one moment.

We need a ‘procedure’, an ‘opening’, for each of us who sees something going amiss to be able to tell the others that ‘the emperor is naked’.

That’s what ‘democracy’ is for.

But there’s a caveat here.

Like history, democracy is a human concept. A man-made ‘tool’!

Each of the individual members of the group using this tool is ‘limited’. Has a limited knowledge and a limited ‘processing power’. By definition… Otherwise, democracy wouldn’t have been necessary in the first place. If at least one of the individuals involved would have been omniscient, they would have – somehow, climbed to the pinnacle of the hierarchy.
The fact that all imperia – all ‘arrangements’ where one individual garners a lot of power over a complex system comprising of many other people, have inevitably collapsed is a very powerful empirical proof for my assertion.
Further more, the number of individuals involved in any democratic arrangement is also limited. Also by definition. There’s no place on Earth – there are no humans living someplace else, for an infinite number of people. Hence even the ‘aggregate understanding of things’ any democracy might reach is also limited. Fallible, that is.

Thus even democracies need to follow rules. They just cannot ‘vote’ whatever their members wish to happen…

The first rule, of course, being you should not vote ‘against’ the rules of nature. You cannot, for instance, abolish Newton’s gravity by voting it ‘unlawful’…
The second rule being that the individuals comprising the democratic arrangement have be convinced that each of them is equivalent. Not equal, that’s impossible, but ‘equivalent’. That each of them should be able to vote, that each of them should have only one vote and that each of them should have the opportunity to voice their concerns. In a nutshell, that all of them have equal rights and that nobody – no individual or a smaller number of people than the entire ‘congregation’, has the right to tell anybody else what to do. Or what to refrain themselves from doing.

Now, that I have reached this point, let me go back to history.

The first ‘democratic arrangement’ known to us was the Ancient Athens.
It had evolved, for while, as an increasingly democratic form of government. During this time, the city’s fortune and influence in the region had grown almost constantly until Pericles had ‘bent’ the democratic principles so that he could yield more influence. Almost two centuries of democratic ebbing on and off followed until Philip II of Macedonia had taken over entirely. As a consequence, Athens’ influence had waned and then disappeared entirely.
The second one had dawned in Scandinavia, during the Viking era.
That democratic seed had, in time, spread in Europe, America and, gradually, in many other countries.

In the US, for example, at first only the white men were involved in the democratic process. They were the ones who voted and who were elected into office. Gradually, the democratic ‘rights’ had been extended to the female portion of the society and to the ‘members of the other races’. These successive ‘extensions’ had been parts of the general improvement of the society as a whole. During this period – not necessarily due to but certainly simultaneously with, the entire population lived better and longer lives while the country as a whole had become more and more powerful. The energy and potential of the population – of an ever increasing proportion of the population, had been put to better and better uses.

Simultaneously, individuals – an ever increasing proportion of the individual members of the society, with the criteria of sex, gender and race gradually losing the previously held power of discrimination, had enjoyed more and more power. More and more autonomy to determine their own fate.

Which brings us to the current developments in the US.

Some people, far from a majority of “The People”, would like to see the ‘other end’ of Roe v Wade.
‘These’ people seem to have somehow convinced a majority of the Justices sitting in the Supreme Court not only to hear their plea but also to ‘consider it in a favorable manner’.

In other words, a very small number of people – five out of nine, are going to restrict a previously granted right which had been enjoyed for almost 50 years by more than half of the American Population.

‘You have got it completely wrong!
Scotus isn’t going to prohibit abortion. Only the states can do that!’

Do you remember what the Civil War had been fought over?
Basically, the Confederates were claiming that individual states had the right to determine which people were to be considered ‘free’ while the ‘others’ kept maintaining that all people, regardless of their skin color, were free. That individual freedom was something which had to be determined at federal level, not by each ‘individual’ state.
Nowadays we have the very same thing. Some states claim it’s their ‘right’ to tell ‘their’ women whether, and in which circumstances, they may – or not, have an abortion.

Not a very ‘appealing’ proposition.
It opens the door for individual states claiming more and more ‘rights’ over their ‘specific subjects’.

The absolutely baffling thing about this whole development is the fact that those who want Roe v Wade to be repelled claim they do this in order to enhance individual rights (to live). I can understand that. I even sympathize with them. Ending a life, even that of an embryo, is not something to be treated easily.

But for a minority to impose their point of view – no matter how sound it might appear to some of us, to a majority… that cannot be, either, taken lightly.

Until recently – historically speaking, people had two ideologies to choose from.

Conservative and liberal.

The conservatives used to posit ‘law’ as a ‘cage’ which didn’t allow any transgression while the liberals understood ‘law’ as an agreed upon environment which allowed people an individual but orderly pursuit of happiness.

The advent of Marx’s communism changed everything. His promotion of ‘class warfare’ as a legitimate political instrument had effectively muddled that which had previously been considered a clear choice.

After communism proved itself to be an abject failure, the naifs have forgotten about Marx.
Flying under the ideological radar, ‘class warfare’ has metastasized.

Nowadays, Regular Joe is confronted with three ideologies. And to make things worse, their names – attributed and/or assumed, are misleading.

We have a line of thought which uses (natural) ‘law’ as a line of defense against any kind of change. And as a means of bringing back the ‘better yesterday’.

Another line of thought which sees (man made) ‘law’ as an instrument to implement – forcefully, if needed, whatever the ‘implementer’ wants to achieve. One of the most often professed goals being ‘equality’. Close on its heels comes ‘diversity’.

And the ‘classical’ liberals who are squeezed between the previous two.

The state/government – whose job is to keep ‘the playing field’ level and functional, is paralyzed by the first two factions fighting to control it.
The ‘conservatives’ want to use the state/government as a ‘preserving agent’ for what they consider to be their (natural) ‘rights’.
The ‘progressives’ want to use the state/government as an instrument of (forceful, if needed) change towards what they consider to be ‘the common good’.

Meanwhile, the classical liberals – berated by both of the above, have a hard time explaining to a shrinking audience that the state/government is an extremely dangerous instrument if allowed to fall into the hands of ‘single-minded’ operators. That as soon as the freedom of the markets (the economic and, way more importantly, the ideatic ones) is curtailed, everything starts to go south. Fast!

Democracy and the free market have brought us so far.
The freedom of thought/expression and the freedom to act as an honest entrepreneur have been instrumental in us reaching the present state. With the goods and the bads in it.

Each instance in which the state/government had fallen prisoner in the hands of ‘men of state’ with ‘focused vision’, history started to run backwards.
No matter whether that ‘limited vision’ had been focused in the past or on “a certain” future.

Each time this subject comes about I remember about Francis Fukuyama’s The End of History.
About how concentrated he was on the future he considered to be forthcoming.
About how his ‘hard focus’ had prevented him from noticing the sunken part of the iceberg.

https://www.theguardian.com/world/2021/oct/10/texas-abortion-law-jonathan-f-mitchell-profile
https://www.marxists.org/archive/marx/works/download/pdf/Manifesto.pdf

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As much as I love writing, I do have to eat.
And to provide for my family.
Earning money takes time.
If you’d like me to write more, and on a more regular basis, hit the button.
Your contribution will be appreciated!

As much as I love writing, I do have to eat.
And to provide for my family.
Earning money takes time.
If you’d like me to write more, and on a more regular basis, hit the button.
Your contribution will be appreciated!

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Don’t you dare to tell me how to take care of my body!
Or that I should wear those face diapers of yours and that I should accept to be immunized!
According to my book, my individual right to be the sole master of my body trumps your collective right to survive a pandemic. And, by the way, this whole Covid thing is a fraud.

On the other hand, the same book I’ve already mentioned gives me the right to deny all women their right to determine what happens to their own wombs. I infer from reading that book that an unborn fetus is a person – even before it had overcome the viability threshold and despite Roe vs. Wade.
The way I see it, my simple declaration – that an unborn fetus is a full blown person, is reason enough for me to consider that anybody performing an abortion – or aiding a woman to have an abortion, is committing a crime.
And being witness to a crime is detrimental to my well being. To my spiritual well being, in particular.
Hence whenever I learn that an abortion has happened, I’m entitled to receive damages.

Anyone who successfully sues an abortion provider under this law could be awarded at least $10,000. And to prepare for that, Texas Right to Life has set up what it calls a “whistleblower” website where people can submit anonymous tips about anyone they believe to be violating the law.”

https://commons.wikimedia.org/wiki/File:Leonardo_da_Vinci-_Vitruvian_Man.JPG
https://www.https://www.npr.org/2021/09/01/1033202132/texas-abortion-ban-what-happens-next