Archives for category: Rule of Law

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 had 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 had been proven 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, ‘equality’.

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 had run backwards.
No matter whether that ‘limited vision’ had been focused in the past or on “a” 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 had seen as 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

Bill Cosby was released from prison Wednesday after the Pennsylvania Supreme Court overturned his 2018 conviction for sexual assault,

Let’s recap the events, as described in the NY Times article.

2004 – Ms Constand was raped by Mr. Cosby.
According to the 2018 sentence!
Please note that the Pennsylvania High Court didn’t say the 2018 jurors had ‘seen things”. Only that the trial shouldn’t have taken place!

2005 – The district attorney prosecuting the case “announced in a news release at the time that after an investigation he had found “insufficient” evidence. He later testified that he had given Mr. Cosby the assurance to encourage him to testify in a subsequent civil case brought by Ms. Constand. (A civil suit she filed against Mr. Cosby was settled in 2006 for $3.38 million.)”
As he was convinced he didn’t have enough evidence to make a penal case against Mr. Cosby, the prosecutor promised the defendant he will not be further prosecuted if he testified (a.k.a. ‘told the truth’) in the civil suit.
“In that testimony, Mr. Cosby acknowledged giving quaaludes to women he was pursuing for sex.”

2006 – The civil case was settled for $3.38 million. As in Bill Cosby agreed to pay that amount of money for something the prosecution wasn’t sure that it was able to convince a jury that he had actually done it.

2015 – The next district attorney reopened the case. And got a conviction. Despite the fact that the ‘main’ evidence had been provided by the defendant himself. Given after he was promised he wasn’t incriminating himself in a penal way.

2018 – Mr. Cosby is convicted for something he had done 14 years ago.

2021 – The Pennsylvania Supreme Court decides that Mr. Cosby had been practically duped into incriminating himself, found this to be unacceptable and released the former prisoner.

What are we, ordinary citizens, to make out of all these?

Be glad that our individual rights have been upheld?
It makes a lot of sense!
After all, upholding individual rights is what makes the difference between a free society and an authoritarian one.
Between people being free and finding themselves at the whims of the government.

Ask ourselves ‘what about the individual rights of the victim’?
That also makes sense.
But my experience of living under a dictatorship strongly suggests that letting some guilty people walk free is a small price to pay for making resonably sure that a government – any government, doesn’t accrue too much power over the individuals making up the people.

Ask ourselves ‘what happened to us’?
What drives so many of to use constitutional rights as loopholes?
Is this OK?

No legislation will ever be perfect!
That’s why verdicts are given by ‘peers’, judges are given so much ‘leeway’ and why, in general, the law is administered by highly trained responsible people and not by ‘machines’.

After all, how we use whatever we have at our disposal – legislation included, speaks more about ourselves than about the things we use and the circumstances in which we make our choices.

Just came across this story:

A king had 10 wild ferocious dogs.

He used them to torture and kill any minister that misguided him. A minister once gave an opinion which was wrong and which the king didn’t like at all. So he ordered that the minister to be thrown to the dogs. The minister said “I have served you loyally for 10 years and you do this?”

The king was unrelenting.

Minister pleaded “Please give me 10 days before you throw me to the dogs”.

The king agreed. In those 10 days the minister went to the keeper of the dogs and told him he wanted to serve the dogs for the next 10 days.

The guard was baffled, but he agreed. So the minister started feeding the dogs, caring for them, washing them, providing all sorts of comfort for them.

When the 10 days were up the king ordered that the minister be thrown to the dogs as sentenced. When he was thrown in, everyone was amazed at what they saw. The dogs were wagging their tails playing with the condemned minister, licking his feet.

The king was baffled at what he saw.

“What happened to the dogs?!” he growled.

The minister then said “I served the dogs for only 10 days and they didn’t forget my service. I served you for 10 years and you forgot all at the first mistake!”

The King realised his mistake and replaced the dogs with crocodiles!

As soon as I finished reading, I started to wonder…

Who, in their right minds, would accept to work for such an ’employer’?
After all, sooner rather than later, everybody makes mistakes!
And if the penalty for the slightest mistake is being thrown to a pack of wild dogs…

On the other hand, who – in their right minds, would treat their employees like that?
Given the fact that no right minded people would accept – as per my previous observation, to work under such ‘constraints’.

And, even more interesting, who – as an ‘owner’, would hire such a ‘manager’?

Two Republican senators are criticizing President Donald Trump and his team for their efforts to pressure state and local election officials to overturn President-elect Joe Biden’s victories in several closely contested states.

Sen. Mitt Romney, R-Utah, one of Trump’s most vocal GOP critics, tweeted Thursday, “It is difficult to imagine a worse, more undemocratic action by a sitting American President.”

Romney accused Trump on resorting to “overt pressure on state and local officials to subvert the will of the people and overturn the election.”

Sen. Ben Sasse, R-Neb., went after Trump lawyer Rudy Giuliani, who held a press conference Thursday presenting a list of far-fetched, thoroughly debunked claims on the 2020 election.

Sasse tweeted: “Rudy and his buddies should not pressure electors to ignore their certification obligations under the statute. We are a nation of laws, not tweets.”

Given what’s currently going on in the most powerful democracy on Earth, it becomes obvious why Putin had helped Trump’s 2016 campaign to become POTUS.
Remember Ulises’s Trojan horse?
OK, it’s impossible to know for sure whether Trump and Putin actually ‘negotiated’ anything.
The point being that for a seasoned judge of people Trump behaving like an elephant in a china shop after being sworn in office was a no-brainer.
Putin could not know exactly what Trump was going to do. But he was certain that it would not end well…. For America!

Now, that Trump is throwing democracy to the dogs simply because the process didn’t end up the way he wanted, Putin must be gloating in front of the biggest mirror in Kremlin!

“We are the tools and vassals of rich men behind the scenes. We are the jumping jacks, they pull the strings and we dance. Our talents, our possibilities and our lives are all the property of other men. We are intellectual prostitutes.”

The words, attributed to John Swindon by Richard O. Boyer and Herbert M. Morais were supposedly uttered sometimes in 1880.

Nowadays, back in 2019, more and more people blame the MSM – main street media, for the sorry state the contemporary society finds itself in.
In fact, those who consider the media to be the source of all evil have been numerous, and focused, enough to elect somebody from their ranks to the highest office in Washington…

Don’t get me wrong. I’m not naive enough to pretend that journalism is any different from any other human activity.

And this is exactly my point.
Journalists are humans. Like all of us.
There is no way that they’ll behave any different than the rest of us.
The day to day practice provides ample proof that far too many of us currently “are the tools and vassals of rich men behind the scenes”. Sometimes even without being aware of it… but that is another issue.
While it is true that too many of the journalists function as “intellectual prostitutes”, the same thing is valid for the members of too many other professions.

Then why do we – all of ‘us’, demand that journalists behave any differently from the rest of us?
Why do we accuse them for not being saints when we are sinners ourselves?
Our sins are lighter? Have less impact?

Are we so thick in our vehemence against journalists that we are deaf to Swindon’s real message?

“We are the tools and vassals of rich men behind the scenes. We are the jumping jacks, they pull the strings and we dance. Our talents, our possibilities and our lives are all the property of other men. We are intellectual prostitutes.”

Three things have grabbed my attention this week.

Carrie Lam, the Cambridge educated Hong Kong’s top civil servant, whose career spans more than 40 years, who happens to be a devout Catholic, had tried to fast track legislation allowing the Hong Kong authorities to extradite people to mainland China.

More than a million of the 7.4 million inhabitants of Hong Kong have taken to the streets, in protest.

Across the Pacific Ocean, in Venezuela, a pregnant mother accompanied by her two small children, had joined other 31 people who attempted to flee their impoverished country. They had climbed aboard Ana Maria, a fishing boat which was supposed to take them to Trinidad but never made it across the 20 km wide stretch of treacherous water.

Maroly Bastardo, the Venezuelan mother, was trying to survive. Since it is harder and harder to find food in Venezuela – for themselves and for their children, more and more people attempt to leave the country. Which, despite having an immense natural wealth, is being led to disaster by a group of ultimately incompetent people.

The one million people protesting in Hong Kong have adopted another strategy. They attempt not only to survive, physically, but also to preserve their way of life. Their cherished way of life.

These two are relatively easy to figure out. It’s easy to understand the need to survive. Equally easy to understand is the determination of those who want to continue a lifestyle they enjoy.

But what drives the Carrie Lam’s and the Nicholas Maduro’s of this world?
OK, I might accept the idea that, somehow, each of them might have ‘lost it’.
But what about those around them? How come so many people still consider they can, somehow, contradict the entire human history?
‘This time will be different!” ” ‘This Reich’ will rule for one thousand years!”

Yeah, right…

“A district judge has ordered the Bernalillo County Sheriff’s Office to release property that deputies took during a child abuse investigation and kept after the charges were dropped.

In October, the District Attorney’s Office dismissed sexual assault charges against a nuclear weapons expert who formerly worked at Kirtland Air Force Base. But the Bernalillo County Sheriff’s Office didn’t release the man’s property, which included thousands of dollars of electronics and a draft of a book.”

 

They kept the kids in cages. And Excel spreadsheets. And more than 60 other government files and databases that made it nearly impossible to track the thousands of children who have been separated from their parents by the Trump administration while trying to enter the United States.

This is according to a new report released Thursday by the Department of Health and Human Service’s Office of Inspector General, which finds that, since 2017, the Trump administration has separated thousands more children from their parents than it previously disclosed and that it tracked these kids in ad hoc, disparate databases, including Excel spreadsheets and Microsoft Sharepoint accounts, further complicating the already tortured process of figuring out where those children are today.”

I have no first hand knowledge about any of these two separate ‘incidents’.
The first one might have been caused by a series of ‘misunderstandings’ while the second is only a portion of a hugely complex matter.

What really bothers me is what they have in common.

Both have been initiated by people belonging to/working for institutions put in place to protect the greater good of children. Children who are nothing but our future. Our only future.
Each of these ‘actions’ have been botched. By those who initiated them.
The institutions themselves had failed. To control the ‘runaway operators’ and to perform adequate ‘damage control’.

“Why are we doing things like these to our fellow human beings?”

Because we don’t consider them, in earnest, ‘our fellow human beings’?
For whatever reason?

https://i.kym-cdn.com/photos/images/original/001/178/733/780.jpg

Last time I checked, for a rebellion to make sense, it had to be against some precise thing. Otherwise…

On the other hand, there are only two kinds of freedom.
‘Against all others’ – which starts as anarchy and very soon becomes atrocious dictatorship. Where the dictator is free to rule and the oppressed are free do obey. Or to attempt to climb into the dictator’s shoes…
Or ‘with all others’. Also known as ‘democracy’. The real thing, of course, not the ‘mob rule’ variety which is currently creeping upon us.

Hence the only sensible rebellion would be the one against any form of dictatorship and ‘executed’ in concert with the rest of the oppressed.

As I mentioned before, life is about individual organisms being able to interact with their environment and species being able to evolve as a reaction to what happens in the same environment.

Interaction between environment and individual organisms is based on sensations.
The organism ‘feels’ itself and its environment and (re)acts  based on the gathered information.

The (re)action ca be very basic – as in voluntarily abstaining from breathing when submerged in water, to utterly sublime. Writing a love poem or saving a toddler from a burning house.

Please note that only writing a love poem ‘demands’ a human being. Abstaining from breathing while under water comes naturally for all animals which don’t have gills while saving a toddler from a burning house can be very well ‘performed’ by a dog.

I mentioned earlier that (re)actions can be grouped in three large categories. ‘Mechanical’, ‘learned’ and ‘self-supervised’, a.k.a intentional.

The ‘mechanical’ ones being those also known as ‘instinctive’. They are practically inscribed in our DNA and constitute our default mode. None of us – plant, animal or human, needs any training whatsoever in order to ‘perform’ them.

The ‘learned’ – or ‘trained’, (re)actions are those which depend heavily on past experience. They start from the same kind of sensations as the instinctive ones but the organism takes the time to transform the sensation into a perception before (re)acting.
A very good example would be riding a bike. A child can learn to do it well before becoming able to entertain such complicated notions as ‘destination’ or ‘goal’. They are simply happy to do it. Same thing being valid for trained circus dogs or monkeys.

The really tricky (re)actions are the ‘intentional’ ones. Those which are performed under self supervision. Of which we are, at least perfunctorily, aware.

‘OK, very nice recap. You’ve already covered this ground. Get to the point!’

I’ve already reached it.
According to this ‘scheme’, given the fact that we pretend to be rational and that we all live in the same world, all of us should behave more or less in the same manner. Right?

‘Like bees? Or ants? Like a school of fish?’

Yeah, something along that line…

‘Or like Pol Pot/B.F. Skinner tried to teach their respective followers?’

You’re stretching it a little bit but yes, you could say that …

‘But this ain’t happening! Not even the most bigoted followers of any cult nor even the most disciplined soldiers will ever behave in such a manner…’

I told you we’d already reached ‘the point’! You made it yourself…

And here’s why:

Yes, we all live in the same world.
More or less…

But we shouldn’t forget the differences!

Biological ones come first.
Those which make each of us feel differently, even when all of us experience the very same conditions. Temperature, time past from the last meal, elevation from the sea level, etc., etc.

On top of those come the ‘social’ differences.
In this instance ‘social’ has a far wider meaning than in everyday life. Yes, there is a huge difference between individuals belonging to different social strata but that’s only a small part of what I have in mind.
‘Social’ differences means all differences consecutive to the ‘mere’ existence of human society.
Let’s make a thought experiment and evaluate the ‘social’ differences between a guy born in what we now call France some 20 000 years ago and another guy born in the same place 2 000 years later. What do you reckon?
OK. Now let’s consider a Frenchman born in 1920 – two years after the end of the WWI, and his son, born in 1947. Would it make any sense to compare the two sets of differences? Those between the conditions encountered by the two prehistoric guys separated by two almost inconsequential millennia and those encountered by the father and son born 27 years apart in the XX-th century?
Or we could compare a native of the Amazonian forest to a New Yorker. Both born in, say, 1999. Statistics have it that the Amazonian native might already be dead…

Small wonder then that perceptions are so different from one individual to another… given that individual perceptions depend on both our senses and our individual experiences – which, in their turn, depend heavily on where and when each of us have been born.

Right now I feel the need to insist on the difference between sensation and perception.
Sensation being, simply put, what we feel while perception is what reaches our conscious mind.

‘What?!?’

Yeah…  strange, isn’t it?
Let’s return to ‘riding a bike’ for a moment.
It was a big moment when your dad removed the ‘helper’ wheels and you soloed for the first time, right? Just as big as when you walked for the first time… only you can’t remember that, do you?…
You were paying very close attention to everything you were doing… while your father kept telling you ‘relax, you’ll be fine’…
And now – if you’re still riding, of course, you do it instinctively. You pay attention only to where you’re going, without bothering about maintaining the balance or other ‘mundane’ things like that. The whole process takes place ‘behind the scene’. It was you who had learned what to do. Consciously, of course. Only once learned, the whole ‘thinking process’ was moved ‘to the attic’. Out of the way, that is.
There are a lot of things which are done in this manner. Subconsciously and not unconsciously. Riding bikes, driving cars, operating machinery… perceiving the world…
We learn how to do it – according to some rules which depend on our culture, and then we continue to do it subconsciously. For all our lives or until something happens. For instance, until we move to a country where they drive on the ‘wrong’ side of the road. And we have to learn some new rules…

Otherwise put, ‘perceiving’ means subconsciously making sense of what we feel by using some previously acquired ‘rules of thumb’. Those who specialize in this field use ‘heuristics’ to describe them.
The problem with the rules of thumb being that they can very easily become ‘cognitive biases’. A.k.a. ‘fences’ which divert us from the ‘straight and narrow’. As in the situation when some of us feel uneasy in the presence of an unknown person with a different skin color.

‘But what happens when consciousness kicks in?’

I thought you’d never ask…

It depends.
On many things. Both ‘social’ and individual.
On the education experienced by each particular individual, on their ‘brain power’ and, last but not least, on something vaguely called ‘individual character’. Something which some people are convinced it can be educated, one way or another, while others are convinced it is ‘hard wired’ into each of us.
If you ask me, both are right. In various, individual, degrees. Character has as much to do with how each of us have internalized their particular experiences as it has with how much ‘spiritual stamina’ exists into each of our souls.

On the practical side of the matter, after each perception reaches the frontier of our consciousness, each of us starts digesting it in earnest. As in attributing ‘value’ to it. Determining whether what has just happened was a consequence of an intention or a happenstance.  Then whether that intention was good or bad. And, finally, the ‘judging’ consciousness establishes a plan of action.  Which can vary from ‘do nothing’ to ‘no holds barred’.

Which explains why no two people will ever react in exactly the same manner when confronted with the very same set of circumstances. There are no two individuals who feel exactly the same, have been exposed to the very same cultural influences AND internalized them in exactly the similar manner. Nor have exactly similar characters and amounts of brain-power.

But what was Mathew trying to tell us?
I’m afraid we are dealing  here with a badly translated metaphor.
‘Poor in spirit’ doesn’t make much sense… unless we consider it an attempt to dull our senses… which may make some sense in certain circumstances…
Only I’m more interested here to determine what Mathew tried to say rather than to interpret the intentions of those who had done the translation. And of those who had, manually, copied the many successive generations of Bibles which had been produced until Gutenberg had, for the first time, printed it in many identical copies.
So, the way I see it, Mathew was speaking of those who are able to stop their conscious mind from building far-flung ‘scenarios’ out of everything that happens to them. Or in their vicinity.

Very similar to the Buddhist concept of ‘non-attachment’?

Well… we do live in the same world, after-all… and we have been ‘made’, more or less, ‘the same’.
We might not be identical, nor having had the very same experiences during our lives… but we do have a lot in common. Despite our differences.

For those who have managed to conserve enough naivety, politics is a team job.

For them, ‘political power struggle’ is an oxymoron. A figure of speech.

Unfortunately, those who have lost their political naivety (innocence?, virginity?) have given up all table manners and have introduced the concept of ‘RealPolitik’.
At first in the international arena and then, using the back door, on the domestic stage.

To what consequences?

When Bismark had coined the concept of RealPolitik, the major players in the international arena were following an already ancient mantra. Divide et Impera.

If ‘naive’ politicians attempt to convince their partners, the ‘real ones’ have only one goal in mind. Theirs.
While the ‘naive’ start any interaction by listening to what the others have to say, in an attempt to learn before starting to build a solution – one designed to fulfill the widest possible array of expectations, the ‘realists’ will use every trick up their sleeves to impose ‘their’ solution. The one which best fits ‘their’ interests and which has been devised without/before any proper consultation with the rest of those who will bear the consequences of that solution being implemented.

Some of the politicians whose naivety has been chipped during constant contact with the social reality eventually ‘wise’ up and reach the point where they accept manipulation as a ‘valid’ political tool. They start to hid part of the truth, to promise a tad more than what would be realistically possible… but at least they continue to pay lip service to the notion of ‘liberal democracy’.
The hard core ‘realists’ are way more ‘straightforward’. They burn bridges and give up any pretense of ‘window dressing’. ‘Struggle’ is no longer understood as a figure of speech.

Political struggle descends into the ring. Or, more exactly, the entire Agora becomes a battle field. The whole ‘arrangement’ devolves into a ‘dog eats dog’ situation.

To the glee of the ‘realists’ outside the border. Who can hardly wait for those ‘inside’ to start fighting in earnest. So that the outsiders might, yet again, put ‘divide et impera’ to work.