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Nature of Law

There are two kinds of law.  One is based on Justice.  The other is based on control.  The predominant form in use today, and which has the greater ancient heritage, is the latter.  Basically, what the vast majority of individuals view as law today is a bastardization of the Golden Rule:  “Dem wid de gold, makes de rules.”  It is the law of control, of raw power, of “might making right”.  It is retribution, instead of restoration.

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Law at its most fundamental level is a means by which individuals and groups with wildly different agendas, goals, and aspirations can function in a tolerant, cooperative, and/or competitive environment.  Just as there is no reason to dismiss law (and order?) merely because of its grotesque misuse by those with the power to use it as a manipulative and enslaving tool -- there is also no reason to assume that the latter is the only viable form of law.  The law of control is not the law which at a fundamental level is what one desires.

 The Me of the Sumerian civilization includes one of the earliest known forms of law, which was based -- curiously enough -- on fairness, justice, and equality -- as opposed to making it easier for those with the gold to run roughshod over everyone else.  Today, this same system of just law is called Common Law or Restorative Justice.  

The key to this early form of law -- and its modern equivalents -- is that the victim is the focus, instead of the State.  The idea is to seek justice, do what is fair for all concerned.

One alternative is to seek retribution -- retribution which is almost always to the distinct benefit of those in control of the State’s bureaucracy.  According to  <http://www.wsu.edu/~dee/MESO/CODE.HTM>, the famous Code of Hammurabi was one of the earliest (circa 1750 B.C.E.) example of the concept, where the idea of crime and punishment was introduced -- a linkage which has persisted to this day in most forms of law.  For in the Code of Hammurabi, the ultimate, underlying key is the ability of the State to control the population.  [Note, for example, in the Code’s preamble: “When Anu the Sublime, King of the Anunnaki... who decreed the fate of the land, assigned to Marduk, the over-ruling son of Ea [Enki]... dominion over earthly man...”] [emphasis added]   

This problem continues today, even in allegedly democratic Republics. As Robert Heinlein noted in his novel, The Moon is a Harsh Mistress: “A managed democracy is a wonderful thing... for the managers... and its greatest strength is a ‘free press’, when ‘free’ is defined as ‘responsible’ and the managers define what is ‘irresponsible’.”

Consider our current body of laws.  They define what is permissible and what isn’t.  If there is no law on the books for a particular act, then no matter how damaging or hurtful it is to others, then there is no crime.  But if there is a law which defines a crime for an action which harms no one, a crime has indeed been committed.  In the latter case, the State then claims injury to “the peace and dignity” of the State.  Barn carpeting!  Such a State has no “peace and dignity” when they would enforce victimless crimes.  

Common Law is by comparison the simplest of concepts.  If someone is injured or their property damaged, then there is a crime.  If not, there’s no crime.  This would mean that such things as environmental damage would be a crime, but only if someone could show injury or damage to their property.  Meanwhile, running a red light when no one is around (other than the local gestapo), and where no one is injured, and no property is damaged, is not a crime.  Running alongside Common Law is Restorative Justice, where justice is emphasized instead of retribution, instead of Hammurabi’s punishment.  What everyone (other than anal retentive control freaks) want is a system which is fair, where there is some semblance of what “ought to be”.  It’s that simple.  

The original concept of Jewish Law was that of an instruction book on how to live on Earth.  Interestingly enough, it was, among other things, based on mathematics!  There is, for example, the significance of the number seven.  Sacred Geometry and Numerology really get into the number seven, for our purposes here, it is enough to note that:  

zEvery 7 days, you rest from sundown to sundown recreating yourself.  (I.e., Observing the Sabbath -- see the Days of the Week).  

zEvery 7 years (Jubilee):

            All contracts are broken -- (the derivation of the seven year itch in marriage?)

            All debt is repudiated -- (the derivation of bankruptcy laws)

            All slaves and criminals freed -- (including the repatriation of exiles and release of everyone who had not committed a capital crime, or who had not been killed by the community via stone throwing)

            The Land is left fallow -- (and thus breaking the pest cycle).

zEvery 49 (7 times 7) years (Grand Jubilee):

            The land is left fallow for two years.

            The land is given back to the people who originally owned it -- (Thus ancestral land predominates and prevents the land and power from accumulating in roughly 1% of society.  

While Jewish law may not be for everyone (gentiles, for example), it does attempt to do what is right, recognizes man’s tendency to seek power over others, and redress the more obvious grievances.  (The fact the Grand Jubilee concept is not getting much press lately might be do to the question of just exactly whose ancestor is whom’s.)  

But the point is the attempt to establish justice, instead of control.  To have protective law, instead of power over others at any cost.  To establish Maxims of Law, which can be used to ensure continuity of laws which seek justice.  Or perhaps to redress the obvious problem of why in the most abundant society with the highest quality of life on the planet (i.e. the United States), there are so many laws, lawyers, lawyer jokes, and Martial Law.   

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Enough is enough.  It’s time for a change.  Your choices are:  

            qAnarchy [including anarchy Heinlein style (The Moon is a Harsh Mistress)]  

            qRevolution [which is only the means to an end]  

            qCommon Law [and its sidekick, Restorative Justice]  

            qCorporate Rule [and its gang, Corporate State, Corporate Politics, et al]  

            q2012 A.D. [where maybe it doesn’t matter, what with the world ending and all!]  

Choose one (at a time):

War Wars         Bush Wars         Oil Wars         Buy One, Get One Free

Oil in the Family         The Mother of All Battles         9-11-2001

Privacy         Justice        Justice, Order, and Law

Forward to:

Remedy and Recourse         Maxims of Law         Common Law



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