Category Archives: Natural Law

UPDATED: The Quicksand of “Stand-Your-Ground” Laws

Crime, Criminal Injustice, GUNS, Individual Rights, Law, Left-Liberalism And Progressivisim, Natural Law, Private Property

When discussing “All Burglars are Home Invaders,” readers in the sensible parts of the country were convinced that their state’s “stand-your-ground” laws would shield them in the event that they were forced to use deadly force to fend off an attack on person, property or both.

These laws removed the requirement whereby “people who think they are in immediate peril must first try to retreat from the confrontation before using deadly force. Prior to passage of the law, only people defending themselves in their own homes, for the most part, could use deadly force without first trying to flee.” (MSNBC)

That some of my readers had faith in the law surprised me somewhat. As recently as the 7/15/2011, I wrote about an “American veteran-hero jailed” for standing his ground, so to speak. Dr. Jerome Ersland was recently condemned to life in prison for defending his property and his employees from a gang of armed robbers. A pistol pointed at his head was not enough to save this hero from imprisonment, pursuant to defending his own life and the lives of his co-workers.

Ersland is from Oklahoma, which is in one of “14 states [that] have revised their laws to ensure that people don’t have to retreat from an attacker. Those states are: Arizona, Florida, Georgia, Indiana, Idaho, Kansas, Kentucky, Louisiana, Michigan, Oklahoma, South Carolina, South Dakota, Tennessee and Texas, according to the NRA.” (MSNBC)

UPDATE: At bottom, every employee, wife, pal wants a man like Ersland around when the stuff hits the fan. In “Sacrificing Kids To PC Pietism,” I describe the kind of left-liberal perverseness that permeates the letter below. Ersland is a hero; his is an adaptive, manly, normal version of the fight-or-flight response.

Should the Fretboard Man Fret?

Business, Free Markets, Government, Individual Rights, Law, Music, Natural Law, Regulation, Technology

The house virtuoso does not own a Gibson guitar; he dislikes them with a passion. Being one hell of a neoclassical, instrumental guitarist, Sean Mercer has his reasons. (Listen to the YouTube posted below.) He does, however, own the following fine instruments, which are crafted with assorted hardwoods, some rare, and possibly illegal:

Carvin DC747 (Maple)
Carvin AC275 (Hawaiian Koa body & neck, Ebony bridge)
Carvin AC175 (maple, ebony)
Carvin LB76 (Curly maple)
Carvin IC6 (Walnut, maple)
Carvin NS1 classical (mahogany, ebony bridge & fretboard)
Warwick Streamer (Wenge, maple) – Germany
Warwick Double Buck (Wenge neck, Alder)
Yamaha Classical (Rosewood back & sides, Ebony, Spruce)
Jackson SL1 (maple)
Kramer Stagemaster (Maple, ebony fretboard)
Kramer Pacer (Rosewood fretboard, maple)
Dean 7 string (mahogany body, maple neck, ebony fretboard)
Brian Moore iGuitar (Rosewood fretboard, alder border)

For the possession/importation/smuggling of “rare ebony wood from India used to make some of the world’s most coveted guitars,” US federales have raided the Tennessee plants of Gibson Guitars.

The meek chief executive of Gibson Guitars, Henry Juszkiewicz, pleaded plaintively with the public: “We were not engaged in smuggling. ‘We have been importing fingerboard stock on a regular basis from India for 17 years.'”

He might have pointed to the fact that this is part of the feds’ ongoing criminalization of naturally licit behavior, and that, last he looked, ex post facto prosecutions were unconstitutional. In other words, when Gibson began importing these woods, the practice was legal. It is unconstitutional to criminalize actions that were legal when committed.

Business in the US is anything but Randian; it adopts an obsequious manner with the both the pitchfork-hoisting public and our DC Overlords.

Downsize the “Oink Sector”!

As promised, here is a piece from the CD “Electric Storm,” by instrumental guitarist Sean Mercer. Sean’s compositions were featured in Guitar Player Magazine. Wrote the great Mike Varney:

Sean’s demo showcases his skills as a producer, engineer, writer, performer, and keyboardist. His set of neo-classical instrumentals are [sic] reminiscent at times of works by Tony MacAlpine. Complex arrangements, tightly played ensemble lines, and a grand display of thematic solo work should make this tape of particular interest to neo-classical fusion fans. [Mike Varney, Guitar Player, October 1991]

UPDATE II: One more Media Matters con man (A Liberal’s Moral Compass)

Classical Liberalism, Founding Fathers, Ilana Mercer, Journalism, Justice, Left-Liberalism And Progressivisim, Media, Morality, Natural Law, Propaganda, Rights, South-Africa

The following is excerpted from y “One more Media Matters con man,” now on WND.COM:

“Terry Krepel authors a website called ConWebWatch. ‘The focus of ConWebWatch,’ Krepel declares on the site, is ‘the ConWeb—large, well-funded, Internet-based conservative ‘news’ organizations [such as] NewsMax, WorldNetDaily and CNSNews.com.’ (I’ve inserted words in parenthesis so as to alert the reader to the edit. Accurate reporting should enable readers to distinguish editorial from authorial input.)

As a biographical note, Krepel adds that he ‘became employed by Media Matters for America in July 2004.’ At his Huffington-Post perch, Krepel is duly described as a ‘Media Matters senior editor.’ Media Matters for America purports to be a ‘progressive research and information center dedicated to comprehensively monitoring, analyzing, and correcting conservative misinformation in the U.S. media.’

Our ace writer ought to have stated that he has been employed at Media Matters since 2004. ‘I became employed’ thus might be ugly English for, ‘I was once but am no longer employed by Media Matters.’ Conversely, perhaps this is a fellow whose intelligible written English is confined to the words ‘racial discrimination’?

Himself Krepel describes as ‘a veteran of 17 years in professional journalism as a newspaper writer, designer and editor. I know the ins and outs of the business and how it can be used and misused—and I see how the conservative Internet media is misusing journalism.’

His mission Krepel defines as documenting ‘the distortions, excesses and hypocrisy of these conservative media sites.’ Almost daily Krepel will dissect what Joseph Farah, Erik Rush, Aaron Klein, Jerome Corsi and others on WND.com and CNSNews.com have to say.

His method, crows Krepel, is to ‘hoist the conservative media on the petard of hypocrisy, accuracy and objectivity’ by ‘using their own words.’

Untrue; at least in my case.

Krepel has libeled me, but not by ‘using [my] own words'” … Disputes about democracy notwithstanding, there can be no disagreement over Krepel’s crappy journalism.”…

The complete column is “One more Media Matters con man,” now on WND.COM.

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

A newly formatted, splendid Kindle copy is also on sale.

UPDATE I (Sep. 2): With the same ease with which Krepel left-off quotations around my original words—so as to seamlessly introduce his interpretations of those words—so too could this purveyor of crappy journalism have suddenly “added” the required quotations, once exposed. In anticipation, I have captured the original (June 12) Krepel item. The omission begins with, “Washington and Westminster,” and ends with “the disaster that is post-apartheid South Africa.” Here it is in the original:

UPDATE II: A LIBERAL’S MORAL COMPASS. Terry Krepel thinks he has hit a home run on the Facebook thread at “One more Media Matters con man.” There, Krepel implies that Eugene Terre’Blanche deserved to die, even though the old man was the non-aggressor at the crime scene, and had served his time in jail for his past transgressions (which I am not here adjudicating).
Heaven’s! I’m speechless. All Krepel has demonstrated is that left-liberals (like himself) are every bit as blood thirsty and bereft of a moral compass as the neoconservatives they often critique.
Every remotely sane individual can see where this kind of sentiment leads. And every libertarian can see why the US is in such terrible moral shape. There is no difference between affiliates of the political factions as far as ethics go. “So long as my guy is killing off the guys I dislike—I’m WINNING”: That’s the pervading mindset. Justice be damned.

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.