Category Archives: Justice

In a Perverse Way, Afghan Justice Is Less Perverse

Christianity, Crime, Justice, Law, Middle East, Military, Morality, Natural Law

“As a Christian,” reasons Thomas Fleming, in his highly recommended Mail-Online blog, “I can say plainly that Afghans have a truer sense of justice than the catechisms of most Christian churches today. As post-Christian savages without a sense of justice, we were quite wrong to conquer this primitive people.”

“The Afghans do not pretend to see beyond the end of their nose or outside the limits of their settlement. Their simple and wholesome ethic is: You kill my people, I kill you. They are demanding nothing less than the transfer of the killer to Afghan jurisdiction. After a speedy trial and conviction, he will be turned over to the relatives of the victims to kill in whatever way they see fit.”

“Americans may pretend to understand this demand as a temporary outburst of grief and rage, but, when they do not relent, in a few weeks we can expect to hear condemnations of the primitive Afghan understanding of justice. We shall be reminded of the Talibans’ mass executions in sports stadiums. ‘They don’t want justice,’ we shall cry, ‘only vengeance,’ and no one will spend half a minute explaining what the difference is.”

“Here in the enlightened West,

we know that the purpose of a criminal justice system is two-fold: to rehabilitate the criminal and protect the public. It was not always so. The ancients believed that a criminal act–murder, assault, robbery, rape–put the universe out of joint. The purpose of punishment was to put it right again. Killers are killed, robbers robbed, beaters beaten.
It was not always so simple as “an eye for an eye,” and Roman and Christian law made allowances for motives, circumstances, and appropriateness of punishment, but they never forgot the primary purpose of punishment was retribution or, to use a simpler word, vengeance.
Leftist Christians will howl in protest, citing, “Vengeance is mine, saith the Lord,” little understanding that the same Lord, according to St. Paul, delegates the power to punish evil to the rulers of the world. Not in vain, Paul declared in an authoritative chapter of Romans, does the ruler hold the sword, nor is it a terror to the good but only to the wicked. It follows that a ruler who casts away the sword on a humanitarian whim is no longer a legitimate ruler. The Church always begged for mercy in specific cases, but never disputed the right and duty of kings and parliaments to execute criminals.
Even Imanuel Kant, who got most things wrong, saw through the lies of all the liberal theories of punishment:
“Judicial punishment can never be used solely as a means to promote some other good for the criminal himself or for society, but instead must in all cases be imposed on a person solely on the ground that he has committed a crime….woe to him who rummages around in the winding paths of a theory of happiness looking for some advantage to be gained by releasing the criminal from punishment or by reducing the amount of it….

MORE.

California’s Killer Eugenics Program Inspired The Nazis

Criminal Injustice, Democracy, Ethics, Fascism, History, Individual Rights, Justice, Left-Liberalism And Progressivisim

Left-liberalism is illiberal. It doesn’t respect individual liberties, preferring that a custodial managerial class get to delimit and limit individual rights in the interests of the so-called greater good. Much like fascism, the essence of democracy is Jean-Jacques Rousseau’s “general will,” a “national purpose” that ought to be implemented by an all-powerful state. (Voltaire, a rather cleverer Frenchman, said that Rousseau is to the philosopher as the ape is to man.)

It thus comes as no surprise to discover that California ran so robust a program of forced sterilization in the 1930s and beyond—that the Nazi Party reached out for the state’s advice (and literature, in particular a book titled, “Sterilization and Human Betterment”). Both California’s Courts and the president of Stanford University supported the practice.

Also telling is the fact that, as CNN’s Elizabeth Cohen documents below,, California has yet to make restitution to the victims. On the other hand, a historically red state like North Carolina has compensated its far fewer victims.

Deviants At DOJ Issue Diversity Directive

Affirmative Action, Barack Obama, Education, Justice, Law, Race, Racism

No need to wonder what “Barry Soetoro Frankenstein” meant by improving educational standards in his State of the Union address.

“Last month,” reports the New York Times, “the Obama administration issued important guidance to colleges and universities on how to increase racial diversity on campuses, explaining ways to navigate the narrow legal channel charted by the Supreme Court.”

Basically, the U.S. Department of Justice’s Civil Rights Division has been using its budget to advance factional interests, advising universities on how to vigorously incorporate race into student selection process without running afoul of the law.

One way these deviants operate is through “Pipeline Programs.” “An institution could form partnerships with other institutions of higher education, such as Historically Black Colleges and Universities (HBCUs), other minority-serving institutions, or community colleges to help the institution increase diversity.”

The “GUIDANCE ON THE VOLUNTARY USE OF RACE TO ACHIEVE DIVERSITY IN POSTSECONDARY EDUCATION” is full of such legal tactical maneuvers.

UPDATED: The Despot’s Bag of Tricks

Homeland Security, Individual Rights, Justice, Law, Liberty, Military, Terrorism, The State

In apartheid South Africa, denial of due process very often took the form of detention without trial. But, as I observed in Into the Cannibal’s Pot: Lessons for America from Post-Apartheid South Africa, the South-African model of detention-without-trial is slowly becoming a fixture of the American legal landscape.

Via the Tenth Amendment Center:

Congress just passed, and the President just signed, a bill that gives legal authority to the President to kidnap and perpetually imprison persons, including American citizens, without the benefit of due process. …

The relevant sections of the bill are 1021 and 1022.

* Section 1021 asserts the President’s authority to arrest suspected (not convicted) terrorists and gives him the option to choose whether or not they even get a trial, and if so, what kind of trial.

* Section 1022 requires that a certain class of terrorist get no trial. Instead they must be held in military prisons, for as long as this President, or any future President desires.

SECTION 1021

Section 1021 is very expansive in its reach. It “includ[es] any person who has committed a belligerent act or has directly supported such hostilities in aid of such enemy forces.”

* Who is “any person?”
* What is a “belligerent act?”
* What is “direct support?”

One could be safe in assuming these words mean whatever a creatively-minded prosecutor, a flexible judge, and an ignorant jury define them to mean — EXCEPT THAT, UNDER THIS ACT, ONE MIGHT NEVER GET AS FAR AS A COURT HEARING.

These terms will be defined by the bureaucrats in power.

Note who the bill’s co-sponsor is: McMussolini.

UPDATE: RT: “He will forever be known as the president who signed indefinite detention without charge or trial into law.”

These harsh words come courtesy of the executive director of the ACLU, formerly a supporter of the president but also just one of the many dissenters who have since grown disillusioned with an administration tarnished by unfulfilled campaign promises and continuous constitutional violations.