"Those who have the command of the arms in a country
are masters of the state, and have it in their power to
make what revolutions they please. [Thus,] there is no
end to observations on the difference between the
measures likely to be pursued by a minister backed by a
standing army, and those of a court awed by the fear of
an armed people".
Aristotle (384-322 BC), Greek philosopher
"Murder being the very foundation of our social
institutions, it is consequently the most imperious
necessity of civilised life. If there were no murder,
government of any sort would be inconceivable. For the
admirable fact is that crime in general, and murder in
particular, not simply excuses it but represents its only
reason to exist ... Otherwise we would live in complete
anarchy, something we find unimaginable ..".
Octave Mirbeau (1848-1917), The Torture Garden
The state has a monopoly on behaviour usually deemed
criminal. It murders, kidnaps, and locks up people.
Sovereignty has come to be identified with the unbridled -
and exclusive - exercise of violence. The emergence of
modern international law has narrowed the field of
permissible conduct. A sovereign can no longer commit
genocide or ethnic cleansing with impunity, for instance.
Many acts - such as the waging of aggressive war, the
mistreatment of minorities, the suppression of the freedom
of association - hitherto sovereign privilege, have
thankfully been criminalized. Many politicians, hitherto
immune to international prosecution, are no longer so.
Consider Yugoslavia's Milosevic and Chile's Pinochet.
But, the irony is that a similar trend of criminalization -
within national legal systems - allows governments to
oppress their citizenry to an extent previously unknown.
Hitherto civil torts, permissible acts, and common
behaviour patterns are routinely criminalized by
legislators and regulators. Precious few are
decriminalized.
Consider, for instance, the criminalization in the
Economic Espionage Act (1996) of the misappropriation
of trade secrets and the criminalization of the violation of
copyrights in the Digital Millennium Copyright Act
(2000) - both in the USA. These used to be civil torts.
They still are in many countries. Drug use, common
behaviour in England only 50 years ago - is now criminal.
The list goes on.
Criminal laws pertaining to property have malignantly
proliferated and pervaded every economic and private
interaction. The result is a bewildering multitude of laws,
regulations statutes, and acts.
The average Babylonian could have memorizes and
assimilated the Hammurabic code 37 centuries ago - it
was short, simple, and intuitively just.
English criminal law - partly applicable in many of its
former colonies, such as India, Pakistan, Canada, and
Australia - is a mishmash of overlapping and
contradictory statutes - some of these hundreds of years
old - and court decisions, collectively known as "case
law".
Public-domain text, read in full here on John Shaqi.
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