Category Archives: Law

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.

The Incredible Dr. Kerwick, The Cannibal & ‘Intellectual Conservative’

Classical Liberalism, Ilana Mercer, Intelligence, Law, Political Philosophy, Race, Reason, South-Africa

After a while, when interviewers and reviewers would request an interview or ask me about “Into the Cannibal’s Pot: Lessons for America,” I’d reply with little enthusiasm:

“What in particular about The Cannibal would you like to cover?”

The replies would invariably be these: “Oh, how relevant it is to the US.” “Diversity, multiculturalism, affirmative action, immigration, quality of life before and after “freedom”; this or the other population index.”

“Since you must have read my book,” I’d retort—initially, in hope—“how about discussing the often frayed thread of natural vs. political rights that runs throughout? Let’s look at the origins of Apartheid? Did you know these were firmly rooted in existential, largely non-racial, considerations? I really like the section about the ‘Colonialism Canard’ in the context of Chapter 5, the ‘Root-Causes Racket.’ Also a favorite of mine is the examination of case studies in current South African jurisprudence as an example of the “indigenization” of what was once a Western system of law. Oh, and my absolute best: the moral questions floated in the sections, “Intra-Racial Reparation” and “Recompense or Reconquista.”

Needless to say, the focus of the reviewer or interviewer was always so foreign to how I understood my book—that I lost interest in speaking about it, or concluded that my points had not been picked up due in some measure to my failures.

Enter Jack Kerwick, Ph.D. (Who never even requested a review copy of The Cannibal.) The fact that Kerwick levitates in level of abstraction and understanding above most might not be a good thing for his career as a popular writer, but I’m enjoying it.

Dr. Kerwick’s “Reflections on Ilana Mercer’s ‘Into the Cannibal’s Pot: Lessons for America from Post-Apartheid South Africa'” appeared in Intellectual Conservative. Once again, Kerwick exposes the tortured tension vis-a-vis natural rights that I experienced and, apparently, Burke did too. As does he commend the absence of biological reductionism, a textual strength that drew derision from racialist quarters (I reject reductionism, in most spheres.)

The neglect with which this book has been treated is as sore as it is tragic. Cannibal is a woefully underappreciated book. A not inconsiderable number of otherwise astute reviewers seemed to have missed its main significance. This work is not primarily about “diversity,” “democracy,” “egalitarianism,” or “collectivism.” And it is certainly not about any conflicts within the Jewish community (Mercer is herself a Jew who remarks upon the role that South African Jews, including her father, played as critics of apartheid, as well as the role that Israel assumed as a stalwart ally of the Old South Africa). Cannibal isn’t even a book about inter-racial conflict.

….Neither, however, does Mercer countenance any reductionist biological accounts of black-white differences … Such an approach is problematic for more than one reason, but especially because it would, ultimately, amount to but one more “root-cause.” …

…Mercer’s thought is distended between universal natural rights and particular cultural traditions, it is true. Yet as is the case with so many works of genius, this tension is as much one of Cannibal’s strengths as it is a weakness, for from it there springs an energy that is notable for its sense of urgency.

… Like Burke before her, Mercer, it is clear, is on a mission. Burke was consumed with the conflagration of the French Revolution that he believed threatened to tear European civilization asunder. Far from obscuring his ethical vision, I believe that much of the passion that informed it stemmed from a conflict in Burke’s consciousness between a recognition of both the universal demands of morality and the partiality that we owe to “the little platoons”—our local attachments—from which we derive our individual identities. This, though, is precisely the same war that rages within Mercer, and as it aided Burke in his contest with the evil of the French radicals, so too does it aid Mercer in her contest with the wickedness of the African National Congress and its supporters.

The complete review, Reflections on Ilana Mercer’s ‘Into the Cannibal’s Pot: Lessons for America from Post-Apartheid South Africa,'” is on Rachel Alexander’s Intellectual Conservative.

The Dynamics of Entrapment

Crime, Criminal Injustice, Homeland Security, IMMIGRATION, Intelligence, Law, Terrorism

Singing from the same hymn-sheet, the Left and the Right did a little jig today: The brilliant FBI had gone and caught us one of dem Arab terrorists, looking to kill us because of our freedoms.

Or did it really?

Before you rejoice with the FBI and the unquestioning Candy Crowley (CNN) and Megyn Kelly (FoxNews), do read on. As I’ve already documented, “the FBI often entraps pliable dolts (to better serve their political masters). The seven Miami-based men who were accused of ‘concocting a plot to blow up Chicago’s Sears Tower’ come to mind. They were illiterate and probably borderline retarded.”

Such Psyops (psychological operations) had ensnared the simpletons who were going to explode the Bronx synagogue, and the “terror ring” tembels who were convinced (by FBI) that shooting a Stinger missile at a fighter plane was in the cards for them.

If a “U.S. agents – running two separate, world-wide sting operations worthy of a James Bond movie – received thousands of dollars in down payments,” then, voila, we have a terror plot, never mind that the agents set the sting up; seeking out fools to entrap.

Most recently, the brilliant and brave FBI and DEA entrapped Mansour Arbabsiar and Ali Gholam Shakuri. I read the court complaint. It had “more twists than a serpent’s tail, but none led conclusively to Teheran, unless Teheran is code for ‘Surveillance State USA.'” “That indictment was the kind of cloak-and-dagger that belongs in an episode of ‘The Unit,’ not in the courts of a civilized country.”

What amazes me repeatedly about American journos is that not one—giggly-girl, “keeping-them-honest” Anderson Cooper; are you listening?—has probed the legality of setting swarthy simpletons up and then nabbing them in a so-called terrorism sting.

You just know that each of these FBI targets is a low-IQ, poor sod, ripe for the taking, who happens to be too stupid to even know that this is how the FBI rolls. You can be sure that “legit” terrorists would never be ensnared this way.

“The federal criminal complaint against the” latest “suspect identifies him as Amine El Khalifi, a 29-year-old Moroccan citizen who has been living in the United States illegally since 1999 after his visa expired. He was nabbed following a lengthy investigation by the FBI, initiated after he allegedly expressed interest in conducting an attack.” (FoxNews)

It would be cheaper for the taxpayer, who’d be spared paying for the FBI’s sadistic games, to deport illegal aliens than set them up.

Oh Contradictory Canada!

Canada, Economy, Free Speech, Homeland Security, Law, Liberty, Regulation

“Canada’s balance sheet is healthier than those of other developed nations,” reports the Wall Street Journal. “Canada’s federal deficit is just 1.9% of gross domestic product,” and Finance Minister Jim Flaherty “aims to reduce that to zero by 2016 with new cuts in his annual budget, expected next month.”

Unlike the states stateside, the Canadian provinces are aiming to balance their books, as they ought to. “Ontario, the largest province in terms of population, released an independent report recommending 362 spending cuts, from increased school class sizes to fewer hospitals, to rein in a 16 billion Canadian dollar (US$16 billion) budget deficit and balance its books in five years.”

Alas, a show of responsibility on the part of some Canadian leaders has met with opprobrium from mooching members of the public. “Critics of Prime Minister Stephen Harper’s Conservative Party have accused the government of using austerity to push through one of its political goals: smaller government.”

OMIGOD. What could be worse than shrinking the state , which invariably grows society? Those arguing against cutting the “oink sector,” so as to ensure these strong fundamentals persist defer to Keynesian political economy, of course. The need for the state to stimulate the delirium of demand, rather than allow the necessary slowdown in consumption that is associated with liquidation of bad investments and increased savings.

…austerity threatens jobs and saps demand at home. It also shuts down a source of global demand that the world needs more than ever amid slower-than-expected growth almost everywhere else in the developed world.

Ludwig von Mises, who wrote the “Theory of Money and Credit” (1912) well in advance of Keynes’ “General Theory,” showed that the Keynesian cure—inflating the money supply in order to stimulate demand—causes depressions.

Writes Peter Schiff: “Stimulus merely numbs the pain of economic contraction, as the underlying trauma gets worse. Austerity might slow an economy down, but at least the wounds are able to heal. America has chosen the former and Europe the latter, albeit not quite as large a dose as needed. The fact that in the short-run Europe is suffering more than the US does not vindicate Washington’s approach. On the contrary, this is exactly what is to be expected.”

Economic good news aside, Canada, on the other hand, boasts draconian anti-free speech laws. One of the most oppressive instruments in the Canadian state is the Human Rights apparatus. “The Human Rights Commission, a Kangaroo court, operates outside the Canadian courts, affording its victims none of the defenses or due process the courts afford. For example, mens rea, or criminal intention: the absence of the intent to harm is no defense in this ‘court.’ Neither is truth.”

To top that, as RT reports, “Lawmakers in the Great White North are debating a bill that will pulverize what’s left of online privacy for Canucks.”

The Investigative Powers for the 21st Century Act (Bill C-51) is legislation that isn’t new to Canadian Parliament, but after a series of additions and other changes, lawmakers there are expected to begin discussion on it this week. If passed, law enforcement there will be able to monitor all Internet and telephone activity from anyone, anywhere in the country, without having to obtain a warrant.