Category Archives: Natural 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.

UPDATED: Philosopher Jack Kerwick On the Compelling & Conflicted Cannibal (At Last, An Analytical Review Of My Book)

America, Classical Liberalism, Democracy, Ilana Mercer, Natural Law, Political Philosophy, Reason, South-Africa

This dazzling review of my book, “Into the Cannibal’s Pot: Lessons for America from Post-Apartheid South Africa,” is a credit more to the mind (and moral clarity) of the reviewer than the book under review. In his New-American review, Jack Kerwick, Ph.D. (more about him below), zeroes in with unusual perspicacity on the palpable tensions in the book, without losing sight of the effort as a whole. All in all, he thinks I cleared the hurdle:

Ilana Mercer’s, Into the Cannibal’s Pot: Lessons for America from Post-Apartheid South Africa, is an unusual book. Yet it is unusual in the best sense of the word.

At once autobiographical and political; philosophical, historical, and practical; controversial and commonsensical, Cannibal succeeds in weaving into a seamless whole a number of distinct modes of thought. This is no mean feat. In fact, its author richly deserves to be congratulated for scoring an achievement of the highest order, for in the hands of less adept thinkers, this ensemble of voices would have fast degenerated into a cacophony. By the grace of Mercer’s pen, in stark contrast, it is transformed into a symphony. …

… Burke had famously said that the only thing that was necessary for evil to triumph was for good men to do nothing. Though Mercer is not a man, sadly, she is in much greater supply of that “manly virtue” that Burke prized than are many — even most — male writers today. Burke unabashedly identified the wickedness of the French Revolutionaries for what it was. Similarly, Mercer courageously, indignantly, exposes the evil that is the African National Congress and its collaborators. In fact, her book may perhaps have been more aptly entitled, Reflections on the Revolution in South Africa. …

…It is tragic that Ilana Mercer was all but compelled to leave the country that for much of her life was her home. Yet South Africa’s loss is America’s gain. As her work makes obvious for all with eyes to see, the richness of Mercer’s intellect is as impressive as the soundness of her character.

THE COMPLETE REVIEW is at The New American.

“Jack Kerwick graduated with a BA in religious studies and philosophy from Wingate University in Wingate, NC in 1998. He received his MA in philosophy from Baylor University in Waco, Tx., the following year, and in 2007, he earned his Ph.D. in philosophy from Temple University. Kerwick specializes in ethics and political philosophy. His doctoral dissertation, ‘Toward a Conservative Liberalism,’ was a defense of the classical conservative tradition, a tradition of thought usually and widely perceived to have been fathered by Edmund Burke. Kerwick drew from Burke for inspiration, but also from David Hume and, perhaps most importantly, the twentieth century British philosopher Michael Oakeshott.” (Source: About.com)

Jack’s blogs is At the Intersection of Faith and Culture at Beliefnet.

Discovering Jack’s work (and friendship) has been a blessing. Unfortunately, Gulliver is surrounded by
pygmies.

UPDATE (March 2): AT LAST, AN ANALYTICAL REVIEW. After reading Dr. Kerwick’s review of Into the Cannibal’s Pot, which has since been published at “American Daily Herald: veritas, libertas, pax et prosperitas, as well as at “The Moral Liberal,” a new fan of Jack’s writing wrote this:

“Upon looking at some of your book’s other reviews, I couldn’t help but think that while some of what has been written is true, the forest was missed for the trees, so to speak.”

Indeed, most reviews of the book are contents-driven, strictly descriptive reviews of what is, flaws and all, essentially an analytical text. Odd that.

As Peter Brimelow noted in his exquisitely sensitive Foreword to “Broad Sides: One Woman’s Clash With A Corrupt Culture,” “… Yet, somewhat to my surprise, it is actually quite rare for this most emotionally intense of columnists to draw on such personal experiences. What seems to motivate Ilana, ultimately, is ideas.”

No Tats, Toots

Classical Liberalism, Drug War, Elections, Foreign Policy, libertarianism, Liberty, Natural Law, Political Philosophy, Rights, Ron Paul

Yes, it’s all very endearing and cute: Young college kids, most of whom are not self-supporting, are supporting Ron Paul, age 76. Paul’s “college-aged volunteer army” has “descended on Iowa from around the nation to coax people to the state’s Republican caucuses.”

Are these kids mere libertines, more committed to toking it up than cutting an overweening state’s reach and spending? It doesn’t appear so. The New York Times believes that, “For the students, much of Mr. Paul’s appeal derives from civil libertarian views like ending the federal ban on marijuana and other drugs, as well as his desire to end foreign wars and his small-government credo.”

I have never been in favor of the Twenty-Sixth Amendment, smuggled into the Constitution by statute. The Amendment artificially swelled the ranks of Democratic voters, which has further eroded any protections the Constitution afforded to private property, and swayed the balance of power in favor of those who “vote for a living,” as opposed “those who work for a living.”

However, if Ron Paul’s youthful devotees are voting for negative, leave-me-alone rights—then, by all means, hop on board and bring along your pals on the Left.

UPDATE II: War Games: Smash ‘Em & Put Them Together Again

Criminal Injustice, Ethics, Middle East, Military, Morality, Natural Law, Terrorism, The State, War

Look; isn’t Uncle Sam wonderful? This little Pakistani girl below “was burned beyond recognition by a U.S. drone and left for dead in a trashcan. … She was found by a medical mission team two years ago and was described as ‘lucky’ by staff as two other children found with her were killed by the military attack.”

The child was “brought to the U.S. from her home in Pakistan,” where American surgeons patched her up, sort of. That’s the least we Americans can do. One of her new caregivers named the child Shakira, which means thankful. Evidently some dolt thinks little Shakira should be grateful that all the king’s horses and all the king’s men COULD put little Shakira together again.

UPDATE I (Dec. 23): FROM “JUST WAR FOR DUMMIES” (March 12, 2003):

I’m no pacifist. While I don’t condone the lingering American presence in Afghanistan, and while I doubt the abilities of the U.S. military to contain al-Qaida there, I supported going after bin Laden’s group in that country. That was a legitimate act of retaliation and defense, accommodated within St. Augustine’s teachings, whereby a just war is one “that avenges wrongs, when a nation or state has to be punished, for refusing to make amends for the wrongs inflicted by its subjects.”
Al-Qaida was responsible for the murder of 3,000 Americans. The Taliban openly succored the organization and its masterminding leadership. Mr. Bush had asked the hosting Taliban to surrender bin Laden and his gang. The Taliban refused, insisting on defending their murderous guests.

UPDATE II (Dec. 24): In reply to Theodor Lauppert below: And this writer “isn’t generally considered a source for” the strengthening of the positive law, international or other.