Category Archives: Justice

UPDATED: Eric Garner: 100% Innocent In Libertarian Law (Note On Natural Law)

Free Markets, Justice, Law, libertarianism, Natural Law, Private Property, Regulation, The State

To the libertarian, the case of Eric Garner is as simple as it is sad. In libertarian law, Eric Garner is innocent as a newborn babe. It all boils down to the distinction between the natural and the positive law. Here again it is useful to contrast the Garner case with the case of Michael Brown (see “Don’t Conflate The Michael Brown And Eric Garner Cases”).

The good libertarian abides by the axiom of non-aggression. Michael Brown, the evidence shows, initiated aggression. He had aggressed against the store keeper and the policeman, who protected himself from this rushing mountain of flesh. In libertarian law, the individual may defends himself against initiated aggression. He does not initiate aggression against a non-aggressor.

Eric Garner, on the other hand, had aggressed against nobody. The “law” he violated was one that violated Garner’s individual, natural right to dispose of his own property (“loosies”) at will. When the enforcers of the shakedown syndicate came around to bust him, Garner raised his voice, gestured and turned to walk away from his harassers. He did not aggress against or hurt anyone of the goons.

“Liberty is a simple thing. It’s the unassailable right to shout, flail your arms, even verbally provoke a politician [or policeman], unmolested. Tyranny is when those small things can get you assaulted, incarcerated, injured, and even killed.” (“Tasers ‘R’ Us.”)

Garner obeyed the libertarian, natural law absolutely. He was trading peacefully and he attempted to walk away from a confrontation peacefully. (More evidence that goes to his character: Prior to his murder, Garner had broken up a street fight.)

The government has a monopoly over making and enforcing law— it decides what is legal and what isn’t. Thus it behooves thinking people to question the monopolist and his laws. After all, cautioned the great Southern constitutional scholar James McClellan, “What is legally just, may not be what is naturally just.” “Statutory man-made law” is not necessarily just law.

Unlike the positive law, which is state-created; natural law in not enacted. Rather, it is a higher law—a system of ethics—knowable through reason, revelation and experience. “By natural law,” propounded McClellan in “Liberty, Order, And Justice,” “we mean those principles which are inherent in man’s nature as a rational, moral, and social being, and which cannot be casually ignored.”

Garner was on “public” property. Had he been trespassing on private property, the proprietor would have been in his right to remove him. However, Garner was not violating anyone’s rights or harming anyone by standing on the street corner and peddling his wares—that is unless the malevolent competition, which sicced the cops on him, has a property right in their prior profits. They don’t.

UPDATE (12/6): Natural law is an ancient philosophy rooted in very real, non-abstract civilizations, going back to ancient Greece, Rome; Ten Commandments, the Scholastics, Thomas Aquinas, Thomists, English common-law, etc. (NOT Rousseau.) It has always been a bulwark against tyranny—that of monarch and mob.

UPDATE II: Ferguson: Thankful For The Founding Fathers’ Legal Legacy (Racial Bifurcation Is Fact)

Founding Fathers, Justice, Law, Race, Racism, Reason

“Ferguson: Thankful For The Founding Fathers’ Legal Legacy” is the current column, now on WND. An excerpt:

Grand-jury deliberations were conducted behind closed doors. The decision was announced at night. It was too dark. Jurors were given too much information to absorb. The St. Louis County prosecuting attorney was not sufficiently involved in the proceedings. The latter, Bob McCulloch, was too “cold” in sharing the cold, hard facts of the case with the public. His remarks were excessively long; or redundant all. The police were too passive in their response to the pillage that followed the unpopular decision.

These are a few of the complaints voiced by the “Racism Industrial Complex (RIC)” against a grand-jury decision in the shooting death of Michael Brown, in Ferguson, Missouri. A quorum of ordinary Americans has determined that Officer Darren Wilson was not “the initial aggressor,” that the officer “acted in self-defense”; that he “was authorized to use deadly force,” in a situation in which he found himself being punched—and then bull-rushed by a demonic-looking mountain of flesh, Michael Brown. …

… I hate to say it, but these riots are an object lesson as to what transpires in certain chaotic communities when the police practice peaceful resistance.

Let’s face it: Had St. Louis County Prosecuting Attorney Bob McCulloch, a Democrat, opted for an open, probable-cause hearing before a judge, as opposed to convening a grand jury, the “Racism Industrial Complex”—forced to face a decision not to its liking—would be decrying the despotism of this single judge. They’d be calling for a jury of the people’s representatives, as bequeathed by the Founding Fathers, in the 5th Amendment of the Bill of Rights. The grand jury institution, as legal analyst Paul Callan has explained, “was actually created by the Founders to provide a wall of citizen protection against overzealous prosecutors.”

Had the decision been revealed in the AM, the RIC herd would have argued for a night-time reveal.

Had Mr. McCulloch meddled with the jury, he’d still be accused of rigging the outcome against Brown.

Had McCulloch hand-picked the evidence for the grand jury, instead of providing the 12 jurors with access to all of it—a “document dump,” brayed Big Media—he’d have been accused of concealing information.

Had the cops moved to curtail the crowds from “venting” over “legitimate issues,” caused by “the legacy of racial discrimination”—the president words—they’d have been convicted of police brutality.

As to the affective dimension, McCulloch’s alleged frigid demeanor: A silent majority whose “culture” is being crowded out still finds such WASPY mannerisms comforting and familiar; a sign of professionalism, dignity, decorum and rationality. Profoundly alien and disturbing was the wretched excesses of Michael Brown’s mother (Lesley McSpadden) and her new husband (Louis Head)—both of whom have had brushes with the law—howling, “Burn this bitch down.” …

… Read the rest. “Ferguson: Thankful For The Founding Fathers’ Legal Legacy” is now on WND.

Happy Thanksgiving.
ILANA

UPDATE I (11/28): Racial Bifurcation is Fact. The jury’s
racial make-up was majority white. “According to the St. Louis
Post-Dispatch, the racial makeup of the grand jury [was] similar to the racial breakdown of St. Louis County, which is about 24 percent black and about 68 percent white.” A majority black jury would have opted to indict Darren Wilson.

UPDATE II: As with the OJ decision, America is bifurcated along racial lines. “Pew Research Center polling consistently shows that,

When it comes to Ferguson, a larger share of blacks than whites said the shooting of Michael Brown raised important questions about race, according to an August survey conducted just after the event. Eight-in-ten blacks said the shooting raised issues “that need to be discussed.” Whites took a much different view: about half said race was getting more attention than it deserved while 37% of whites shared the views of most blacks that the case raised larger issues.

MORE.

UPDATE II: The McCulloch Remarks Nobody Bothered To READ (Coulter’s Blame-Liberals Reductionism/Rubbish)

Ann Coulter, Justice, Law, Left-Liberalism And Progressivisim, libertarianism, Race, Racism

Regrettably, at the time of the Michael-Brown shooting, this libertarian column had expressed the opinion that Brown was the victim of “murder-by-cop.” As the evidence subsequently demonstrated, I was wrong.

Part of my conversion lies is the remarks of St. Louis County Prosecuting Attorney Bob McCulloch, a Democrat. These were, well, remarkable. (More about that in the weekly, WND column, tomorrow.) McCulloch’s remarks revealed the exhaustive scope of the search for truth undertaken by a grand jury that was left to its own devices.

Since the text of the statement has not been disseminated, I’ve transcribed and summarized some of it for interested Americans. Particularly brilliant is the manner in which McCulloch co-opted the DC “RIC” in support of the rule of law, in Ferguson, Missouri:

St. Louis county police conducted an extensive investigation at the crime scene together with agents of the Federal Bureau of Investigation, at the direction of Attorney General Eric Holder. Together they sought out witnesses and gathered additional information over a period of three months, beginning on the day of the shooting death of Michael Brown. Fully aware of the growing concerns in parts of the community that the investigation and review of the death would not be full and fair, St. Louis County Prosecuting Attorney Bob McCulloch decided to hand over to a grand jury all physical evidence related to the case, all individuals claiming to have witnessed any aspect of the events and any and all related matters. The grand jury comprised of 12 members of the community.

Federal investigators worked closely with local law enforcement, with the St. Louis county police and persecutor and Attorney General Holder and his department vowing to follow where the evidence led. These federal investigators shared information with St. Louis county investigator and vice versa. In addition, the Department of Justice conducted its own investigation and performed its own autopsy. Yet another autopsy was carried out by the Brown family and all information was shared and collated. All testimony before the grand jury was immediate forwarded to the DOJ. Eyewitness accounts were compared with the physical evidence. Many witnesses contradicted their own statements and the physical evidence.

As an example of witness testimony that contradicted the physical evidence McCulloch offered numerous statements that claimed to have seen Officer Wilson stand above Michael Brown and fire many rounds into his back. Others claimed that Officer Wilson shot Mr. Brown in the back as he was running away. Once the autopsy was released showing that the deceased did not sustain injuries to his back, statements to that effect were retracted. Others admitted they had, in fact, not witnessed the shooting.

All statements were recorded and presented to the grand jury before the autopsy results were released. There was no “document dump,” as some media claimed. Two of Bob McCulloch’s assistants presented the information to the jury in an organized, systematic manner. All jurors heard every word of testimony and examined every item of evidence presented. McCulloch described a proactive and engaged group working since August 9th to do their due diligence. In the course of 25 days, the jury dissected over 70 hours of testimony and listened to 60 witnesses. They heard from three medical examiners and many other DNA and forensic experts. They examined hundreds of photographs and looked at various pieces of physical evidence. They were instructed in the law and presented with five possible indictments. Their burden was to determine, based on all the evidence, if probable cause existed to determine that a crime was committed and Daren Wilson committed that crime. There is no question that Officer Wilson caused the death of Michael Brown by shooting him. However the law authorizes an officer of the law, and all people, to use deadly force to defend themselves in certain situations. The grand jury considered whether Officer Wilson was the initial aggressor, or whether he was authorized to use deadly force in the situation and acted in self-defense.

They were the only people who examined every piece of evidence and heard every witness. They debated among themselves. After an exhaustive review of the evidence the grand jury deliberated further over two days to arrive at their final decision. And it is that no probable cause exists to file any charges against Officer Darren Wilson. They returned a “No True” bill on each of the five indictments. All the evidence, witness statements included, was made public.

[SNIP]

UPDATE I: I abbreviated without explaining: RIC is the “Racism Industrial Complex,” originated by Jack Kerwick. More in the weekly, WND column, tomorrow.

UPDATE II: Coulter’s Blame-Liberals Reductionism/Rubbish. As I always argue, in the structure of argument—and thus the source of culpability— there is no difference between conservative, lite-libertarian, and left liberal. That structure is: The Dog/Society/State/Liberals Ate the Criminal’s Homework. This, Ann Coulter proves. She blames liberals for rioter actions.

“‘Absolut’ Libertarian Lunacy” touches on this blame the society/state/liberals reductionism: “For the sins of man, hard leftists blame society, and hard-core libertarians saddle the state. ‘The State made me do it’ is how such social determinism can be summed-up.”

UPDATE IV: A Remarkable Legal Process Unfolds In Ferguson (Individualism Vs. Collectivism)

Individualism Vs. Collectivism, Justice, Law, libertarianism, Race

A remarkable process unfolded in Ferguson, Missouri, where St. Louis County Prosecuting Attorney Bob McCulloch has just detailed the grand jury’s lengthy fact-finding mission, executed impressively, the upshot of which is that Darren Wilson, the police officer whose fatal shooting of the unarmed Michael Brown “sparked days of turbulent protests,” will not be indicted.

As infuriating as ever is that the entirety of the text of an official statement is no longer released to media, right away. No one reads any longer. However, McCulloch’s remarks (précised here) were impressive in the exhaustive scope of the search for truth they reveal, undertaken by a grand jury that was left to its own devices.

Nor did the unethical intervention of Attorney General Eric Holder and President Barack Obama on one side of the dispute serve to sway the grand jury. This is a good day for American justice. Unfortunately, many of the vested interests do not understand that the law is a search for facts; truth, and not about an abstract idea of social justice that exists in the minds of the perpetually aggrieved.

UPDATE I: Documents:

* Ferguson grand jury documents, courtesy of the LA Times.

* President Obama’s remarks after the Ferguson grand jury announcement.

UPDATE II (11/25): In the absence of text, I had to transcribe, but will keep the written material for the weekly column.

UPDATE III: FACEBOOK Thread:

Myron Robert Pauli The grand jury most likely acted properly (I say most likely since I was not presented with all the evidence) and any rioting is inexcusable. But I will slightly digress in saying that I read a long but interesting article by “libertarian” Radley Balko on how the local governments (politicians/lawyers/cops) exploit the lower classes (mostly black) in St. Louis County by extorting $$$ to support their parasitical power base using petty traffic crimes, etc. When government goes from protecting lives and liberty and property of people to just bleeding people to support itself (e.g. Inspector Javert meets Lucky Luciano) – it is a sad and tragic overreach. A long article but it raises interesting questions.

Ilana Mercer: Dog ate my homework, Myron Robert Pauli, from left-libertarians. The government robs me too. Blind. It robs you as well. More so than those who get back from the state (aka the taxpayer) more than they pay in. This is a prime example of confusing the argument. Lite libertarians make the mistake a lot. “‘Absolut’ Libertarian Lunacy” touches on this blame the state for individual flaws: “For the sins of man, hard leftists blame society, and hard-core libertarians saddle the state. ‘The State made me do it’ is how such social determinism can be summed-up.”

UPDATE IV (11/26): FACEBOOK Thread:

Myron Robert Pauli:

I always like to caution those on the right OR left when dealing with statistics about people. Yes, in my business, it might mean something to say that “Sensor X has an 80% of detecting Vehicle Y and Range R in Atmospheric Condition Z” – models and data points can be validated to some degree and one can draw conclusions. People are a bit different – so when the left says “look, Group N is underrepresented in Activity M” (Vietnamese women in the NBA, Black women in physics departments), it is not per se a proof of some deep conspiracy. Similarly, if 0.01% of Thai women are pathologically violent but 2% of black men are pathologically violent, it still means that 98% of black men are NOT pathologically violent even if it is far more likely to see that group rather than Thai women behind bars. However, statistical generalizations aside, Ferguson’s Kristallnacht is a reason to be depressed about the “melting pot ideal” working in America.
3 hrs · Like · 1

Ilana Mercer:

Actually, Myron Robert Pauli, sorry to burst the Bubble you’ve retreated into, but check that book, “Into the Cannibal’s Pot.” I gave it to you personally. If only 98% of black men were non-violent, we’d have our Jeffersonian republic. South Africa would be one too. Your stats are way OFF. Still, you are right about treating individuals as individuals, something I’ve preached too for as long as I can remember. Coming from a “black” country, my book is dedicated to 2 black ladies the likes of which cannot be matched among whites: ladies of the finest upbringing and nobility of character!!!! My dad’s caretaker is a gem: a black man. Kind and sweet like nothing I’ve seen among whites. Myron Robert Pauli, you are right about your reminder, not your numbers.