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Myth of the Rule of Law

2002-01-23 19:34:05+00 by Dan Lyke 2 comments

On Objectionable Content there's a link to and some discussion of an essay called The Myth of the Rule of Law, which says, in part:

But the myth of the rule of law does more than render the people submissive to state authority; it also turns them into the state's accomplices in the exercise of its power. For people who would ordinarily consider it a great evil to deprive individuals of their rights or oppress politically powerless minority groups will respond with patriotic fervor when these same actions are described as upholding the rule of law.

My recent jury duty experience has me thinking more and more about this, about what jury nullification means. Unfortunately, what starts out as a good essay loses direction because the author, John Hansas, doesn't get that law is an expression of implied violence.

[ related topics: Law Civil Liberties ]

comments in ascending chronological order (reverse):

#Comment made: 2002-02-21 05:34:42+00 by: Dylan

To be honest, the recent law-and-order-masked infringements on personal freedoms in this country are making me slide back into a more anarchistic flavor of libertarian feeling than I've had for a LONG time. The sad truth is, the vast majority of the American people will just accept whatever comes from the White House. They don't think they can change things, and to a large extent, they're right. Even sadder is how few Americans are seriously questioning these actions.

I won't even get into the whole Guantanamo Bay/torture or not/ignoring the Geneva Convention (which we ratified, but never signed)/all our enemies are war criminals despite our having no proof against individuals/military tribunals are keen thing.

It's a slippery slope and I don't think the American people are equipped to realize it. Being the world's only superpower has a way of making you complacent. People have lost their ability to smell creeping totalitarianism.

I want the people who made Sept. 11 happen to suffer. I want nothing like it to happen again. But I am not at all sure how much more jingoism I can handle as I watch the freedoms that allegedly inspired said jingoism ooze down the drain.


#Comment made: 2002-02-21 05:34:42+00 by: Larry Burton

Personally, I've always wondered why we keep insisting that we are a nation of laws, not men. I've also wondered if that condition is as desirable as people tend to make it seem.