Archive for the ‘jurisprudence’ Category

Bozos who lived on the fertile plains saw the Yahoos building skyscrapers and each section was vying with the other to build higher and bigger. After two decades of intense building boom the leading intellects among the Yahoos said,’Hold it! At this rate we shall beggar the resources of the earth.” The intellectuals debated on the greenhouse effect and destruction of flora and fauna. Calculating the rate of damage in two decades they worked out a Doomsday scenario. To prevent this from occuring the Yahoos  passed law of  Double Jeopardy that could not be cancelled.

What was double jeopardy? The Yahoos  put the earth in jeopardy; to make a law that didn’t deliver was d ouble jeopardy.  They were sure once  the biodiversity of the  earth was  destroyed it was useless to complain and the law became useless.  Taking a cue from them the Bozos  also passed a law citing the same reason. One said, ‘There is no  use in bolting the stable door after the horse has bolted”  Th Bozoan  political pundits said theur nation was under threat from anti-social elements. The scare worked. Thus draconian laws were passed without even a murmur. They took away civil liberties of citizens, rights to opinion, privacy as an excuse for mischief. Death penalty on anyone suspected of anti-social activities was introduced. No one dared to complain lest he should be suspected of being one. Law in the case of climate had got it right. How come Law was totally on the wrong in case of civil liberties?

Law applied makes all the difference. Politicians apply law for limited good.  If a party which favors Big Banking Houses and super rich passes a law the argument shall be like this: ‘for ingenuity and taking risks financiers CEO have to be rewarded well. Incentives like tax free bonuses are necessary’. It is like Bozos who want to keep the land free from coming to harm from a perceived threat ,  that mostly is only in their own mind. It has a form good sense but is meant to deceive. A perceived threat from climate changes on the other hand is natural result of man’s uncontrolled misuse.



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Here is an item from the Reuters:
‘Major U.S. newspapers called on the Oscar winner to account for the crime, and commentators said U.S. public opinion was running strongly against Polanski.”
This reminds me of a similar public outcry in the Victorian England. Here the target was an Irish genius, a wit and his jibes, a thorn on the side of hypocritical Victorian society. Oscar Wilde had ridiculed their hypocrisies and when he fell they made it sure he was destroyed. Evil of these hypocrites took the guise of social orderliness and fatherly feeling. Marquess Queensberry was seen by the public as a father who would resist his son being corrupted by a pederast. In real his son was a confirmed homosexual even before Oscar Wilde began ‘feasting with panthers ‘as he put it. But the public outrage needed a victim and Wilde, the outsider fitted the bill perfectly. So much for the public outcry against so called ‘moral turpitude.’ The US newspapers are no different from those who gloated on the downfall of Wilde.Polanski is an outsider,of Polish and French extract. His lifestyle was not of American pie and flag waving as of the moral majority.
Wilde found fame in London just as he fell because he was an outsider. Law tried him as an equal only that justice was of doubtful quantity.
Justice that the public cried was not so much for establishing their middleclass correctness or for propriety or justice. When he was sentenced the prostitutes danced on the streets because homosexuals were cutting into their business.
Why did Queensberry pursue Wilde with implacable hatred? He was convinced that his one son had died earlier in a homosexual scandal in which Lord Roseberry who later became the PM of Great Britain was a party.(His son Drumlanrig was afraid of blackmail over his relations with Roseberry.)
From above we see that before Law all are equal but Justice served comes in  tainted dishes.

Thus when the US public cries for justice they merely hide all their prejudices and social injustices to which they are party to and gives lip service to Justice. If only there was a public outcry against Bush when he embarked on his war against Iraq or against Abu Gharib atrocities. There are so many wrongs still in circulation that they could rail against and also work for the good of all.
Tailspin: Law sent Wilde to prison and broke him. His creative genius could not survive the inhuman treatment meted out to him after the fashion of Victorian sense of Justice. Redeeming nature of their prison system was not what could have left the best part in him, his genius, in tact. Effect of justice for a dockworker is different from that of man of letters. Shylock in the Merchant of Venice had the right to his pound of flesh but he had no right to the man’s blood. Collateral damage the Law exacts from his spirit or from those who are dependent on him makes Justice somewhat questionable.

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I am quoting a recent news where the life of a minor has been taken for granted by all  those who are appointed to protect and keep law and order.
What is the purpose of law? Law is our only gift as a nation or family so every person may celebrate life, cherish each other and let it pass on coming generations as well. Each of us has pledged to keep it for the common good. If we break the golden rule we are letting in chaos and lawlessness. What evil we have let by our silence may sooner or later visit us. So law we uphold for ourselves and for all. Law is not in itself anything but given its sacredness in the hearts and minds of those who exercise it. If one can escape from one’s obligations by some loopholes cited by one’s attorney law has become a parody of itself. Law is not soiled by single instance but is dragged through mud  day in day out. Look at the gun culture in the US. The citizen have the right to bear arms that may have had some relevance at the time of founding of a new nation. In course of time Indians have been blasted away along with bison , their livelihood. Those who are ever vigilant of protecting their right have now let children take fire arms to school. We see so young as five committing sins for their fathers. They merely exercised the right of their fathers. Such a disaster is not visited upon the innocents over night but on account of  law gone off the rails long before. Sacredness of law is no longer in our hearts and is invested instead with a battery of legal luminaries whose fees are as inscrutable as their interpretation of the articles of law.
A child molester is allowed to live in the hot spots near schools and play  areas  and those who see him think the law knows best and keeps tabs on him as in the case of the abductor of Jaycee.
This is the same law that looks at one who ‘is suspicious looking’ (in all probability his color is wrong and poor) and draws his gun to send him to kingdom come. Remember the hapless Brazilean electrician who, in London two years ago, was shot many times over in the head after being trussed up like turkey because he was suspected to be a terrorist. Law has been debased all around we see only its horrid exercise deprived of all sense, and as an example I look at those death row inmates whom  if the law could, fry sooner than determine if they are guilty or not.
The following reports by AP writers makes a sad reading.
By LISA LEFF and TERRY COLLINS, Associated Press Writers Lisa Leff And Terry Collins, Associated Press Writers 28 mins ago

ANTIOCH, Calif. – Jaycee Lee Dugard has been subjected to what police say was nearly a lifetime of torment in a backyard compound set up by a religious zealot with a rap sheet dating to the 1970s. Prosecutors say she was raped and had two children by her captor, who hid her from the outside world.

But it became increasingly clear Friday that this 18-year nightmare did not have to be for Dugard, with new details surfacing that authorities blew numerous chances to catch her alleged captor.

Neighbors complained to law enforcement that a psychotic sex addict was in their midst, alarmed that Phillip Garrido was housing young girls in backyard tents. A deputy showed up to investigate, but never went beyond the front porch.

Probation officers showed up at the home, too, but had no inkling that his back yard was actually a labyrinth of tents, sheds and buildings that were Dugard’s prison. They did not even know he had children on the premises.

Garrido also wore a GPS-linked ankle bracelet that tracked his every movement, the result of his sex-crime convictions that sent him away to Leavenworth for a 50-year stint, only to get paroled after 10 years.


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Bad Laws are all alike. These make justice, to fit the law of the land and not for people who shall be affected by it. The criminal who commits a murder for example is punished according to the law. But what of his wife who has no idea of her husband’s crime? Or what of his children who are dependent on him? Having thrown them into the street or destitute for no guilt of theirs  if at all they are helped that is charity and not justice.
The criminal may learn a much needed lesson or most likely becomes a hardened criminal. The hero in the Dosteovsky novel was sent to Siberia and was redeemed through suffering. Yes in a way suffering for the guilt is apt as much as we suffer for the simple reason we are inadequately protected in an imperfect world. Suffering then is a natural part of living. You invest some forty years of your life with a woman and grow into each other so to speak. If she is all of a sudden stricken with some incurable disease are you not then affected? You suffer because you live in an imperfect  world.
Still we need to make Law as though divine and sacred ( as in the case of religion), while those who administer it or interpret them are only imperfect. We allow it since what greater good it may do to organize a society that can work with all its imperfections than total chaos, which would otherwise by and by engulf us all.

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