Category Archives: Law

British Parliamentary-Police-Press Complex Splutters

Britain, Crime, English, Journalism, Law, Media, The State, The Zeitgeist

In the US we have a military-media-industrial-congressional-complex. These branches share a symbiotic relationship. For example, when the top brass in government or in the military want to launch a war on another people (Iraq, for example), or on their own (The Transportation and Security Administration), they entrust the ratings-craving (and craven) television networks to do their bidding.

In the UK they have a similar set-up, call it, for our purposes, the parliamentary-police-press complex. As in the US, its mission is to keep the populace preoccupied with puerile nonsense. The already pathetic British press, it turns out, was going above the call of duty in emulating the government: News of the World, a News Corp, Rupert Murdoch British tabloid, has been hacking the phones and voicemail of interested parties.

Not unlike the government that is currently quizzing it.

Today, Rebekah Brooks of the tumbleweed hair apologized for the editorial direction she took.

It has to be clear that this is a dance of statists.

Lovely Lack of Legislative Accomplishment

Elections, Federalism, Law, Regulation, Republicans, Ron Paul

Lack of legislative accomplishment, according to former Minnesota Governor Tim Pawlenty, makes his fellow GOP 2012 candidate Rep. Michele Bachmann “unfit to be President.”

On NBC’s Meet the Press today, Pawlenty went after Bachmann, who holds significant leads in the polls, saying “Her record of accomplishment in Congress is nonexistent — it’s nonexistent.”

Pawlenty should look for another angle to bolster his lackluster presidential campaign. Unless they are passing legislation to repeal other legislation, the less legislating the clowns in Congress do, the better—for every one of us. An example of a good legislative record is that of “Dr. No,” aka Ron Paul.

Naturally, it’s hard to find information about how voluminous the United States Code is, but it’s safe to presume that it has its own dedicated building.

American Veteran-Hero Jailed

Criminal Injustice, GUNS, Law, Private Property, Racism, Regulation, South-Africa

The following is from “American Veteran-Hero Jailed,” now on WND.COM:

“As I document in my new book, “Into the Cannibal’s Pot: Lessons For America From Post-Apartheid South Africa,“ ‘South Africa’s ruling dominant party disregards the importance of private property and public order and the remedial value of punitive justice. Consequently, innocent victims of crime often defend themselves in their own homes and businesses on pain of imprisonment.’

But are the impediments to the defense of life and property enacted by South Africa’s dominant-party-in-perpetuity so different from the decisions issuing from American courts?

A world away from South Africa, Dr. Jerome Ersland was recently condemned to life in prison for defending his property and his employers from a gang of armed robbers.

As abcnews.com reports,

“Ersland, 59, had been hailed as a hero for protecting two co-workers during the May 19, 2009, robbery attempt at the Reliable Discount Pharmacy in south Oklahoma City. Dramatic surveillance video of the attempted burglary shows 16 year-old Antwun Parker and an accomplice running into the pharmacy in the crime-ridden neighborhood and pointing a gun directly at Ersland. The video then shows Ersland, a former Air Force lieutenant colonel, firing a pistol at the two men, hitting Parker with one shot that knocked him to the ground. After chasing Parker’s accomplice out of the store, Ersland retrieved a second gun and returned to shoot Parker five more times, 46 seconds after firing the first shot.”

Ersland was accused of hastening the descent into hell of “Parker” with excess zeal.” …

The complete column is “American Veteran-Hero Jailed,” now on WND.COM

My new book, “Into the Cannibal’s Pot: Lessons for America from Post-Apartheid South Africa,” is available from Amazon.

Please note that you can purchase the lower-cost Kindle copy of “The Cannibal” without having to own a Kindle – all you need is a PC or a hand-held device (iPad or phone). This hyperlink describes the free Amazon software application for these devices. So you do not require a new gadget to read the book on Kindle.

The print copy is available from the Publisher too. Hurry: Publisher is currently offering free shipping, including to our readers in South Africa. To purchase, click on the “Buy From StairwayPress” Button.

A good way to help this work’s mission is to post your reviews to Amazon. Us talking among ourselves will do nothing to raise awareness of the issues covered in depth and in detail in the book. And you don’t have to have purchased the book from Amazon to review it on the site.

Man up!

Make a note of upcoming Mercer media appearances here.

Positive-Law Arguments For The Anthony Outcome

Crime, Criminal Injustice, Justice, Law, libertarianism, Natural Law

Of course, “Caylee’s Law,” Radley Balko points out, is a horrible idea. Stupid too. However, to neglect real evidence because one is against the death penalty is as horrible and stupid, if not more so. These are separate issues.

Alan Dershowitz has been arguing that the Casey Anthony verdict is an embodiment of “our legal system.” In making this case, Dershowitz alludes, curiously, to the positive law, not to any natural-law aspect of the American legal system, or to this woman’s prosecution.

To support his view of the impetus of America’s legal system, Dershowitz (on Huckabee), for example, touted the Exclusionary Rule as exemplifying his view of the impetus of America’s legal system. (I say “curiously,” because libertarians seem not to be distinguishing positive- from negative-law arguments in support of the jury’s innocent ruling.)

The Exclusionary Rule is a technicality tarted up as a real right. Hardly libertarian—at least not if one is a proponent of the natural law.

In the same vein, a procedural violation of the Fourth Amendment, say, an improper search, can get evidence of guilt—-a bloodied knife or a smoking gun—-barred from being presented at trial. Fail to Mirandize a murderer properly, and his confession will be tossed out. Such procedural defaults are very often used to suppress immutable physical facts, thus serving to subvert the spirit of the law and natural justice.

More minted “rights” are “consular rights.” A procedural default such as the failure to apprise a defendant of his consular contacts is never a violation of a natural right. “Consular rights” are of a piece with Miranda rights and the Exclusionary Rule. Again, these are technicalities tarted up as real rights.

Might these gaps of understanding between libertarians touch on the distinction, in our multi-factioned movement, between the hardcore, life-liberty-property classical liberal, and civil libertarianism and “libertarianism lite”?

Dershowitz is a civil libertarian who once conflated the natural law with the law of the jungle.