Saturday, February 22, 2014

We have two conceptions of the state that are in conflict and both cannot reign:

1. The notion of legal supremacy, law trumps everything, tradition, institutions, everything. Law is even used to eradicate traditions and institutions that the powerful deem wrong. And ferocious penalties are attached to infractions.

2. The notion of the therapeutic state - GWB said it worst: "When people are hurting, government has to move".

If there are no limits to the state's ambit and the law is supreme and ferocious, then effectively prosecutors and judges become dictators. Incoherent and erratic dictators, like a hive mind Muommar Quadafi. And lawyers a privileged priestly caste. Because if the law trumps everything and there is law everywhere....






We either need to start nullifying lots of law through civil disobedience or legislation or get rid of the law as we now conceive it. Because we can no longer live with it.

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