An alternative legal theory
Version 1.3, November 2005
I am not an utopist. States and nationwide governments are needed. They
cannot just be abolished. (please note: the term “state” is used in its
international meaning, referring to the ruling structure of a country;
not in its US meaning, referring to a federal state of the US).
The principal function of states is to keep the peace between the
members of a society, and to make a society as safe as possible for all who
live in it. Furthermore, states have the obligation of defending a
society against outside aggression. Beyond that, states should involve
themselves as little as possible in the lives of the people.
Even states led by Marxist-Leninist governments have come to realize
that a Communist economy, entirely managed by the state, just doesn't
work as well as one based on private initiative.
Just as with respect to economic activities, some basic adjustments
should also made to the way, crimes and settlements are handled. It may
not be obvious but until now, the legal systems of modern states are
based on the archaic idea that punishment primarily serves a god, or an
abstract entity, whose social order was violated, and not the injured
party.
There is no other explanation for the fact that even in cases where the
perpetrator of a crime and the victim of a crime were to find a
settlement, the state still insists on meting out a punishment.
In contrast to current legal practice, I hold that when the victim and
the perpetrator of a crime can agree on a compensation (usually a
payment, but both parties should be free to agree on other measures), then
the state should give up a claim to punish a perpetrator.
When there is no agreement, the state would impose a punishment in
accordance with pre-set ceilings, jus as in current legal systems.
If the maximum sentence for car theft is set as 5 years imprisonment, a
victim may ask a court to have this punishment implemented. The court
would decide whether there are circumstances that warrant a lower
punishment.
But if the victim were satisfied with a compensation payment that is 10
times the value of the car (or anything the two parties agree on, then
this punishment would be valid. In such a case, the state may, however,
impose a charge on the perpetrator to recover investigation costs.
A society in which punishments would be victim-oriented, different
standards would evolve in different strata of this society, and in the
interest of personal freedom, I would welcome this.
The essence is that while the state would set limits of maximal
punishments, everything below that would depend on what is considered
appropriate in different strata of a society, or by victims in different strata
of society.
In cases where the victim and the perpetrator of a crime can agree on a
settlement, the function of a court should end with having established
the guilt of the perpetrator.
In practice, would the proposed alternative legal theory mean that rich
people would just pay up and walk free, and poor people can't? Would
such a system favor the wealthy? Not necessarily. In many cases, it would
mean that rich perpetrators would pay much more compensation than
poorer perpetrators. This would even be more consistent with principles of
social justice than the current practice, which typically imposes the
same punishment on the rich and the poor.
Would the proposed system mean leaner punishments? Not necessarily
either. If an injured party feels that only imprisonment will settle the
score, then it shall be imprisonment, with the length of a prison term
decided by a judge, Justas is current practice).
I do want to point out that my idea is quite different from the Islamic
concept of blood money to settle murder cases. In murder cases, no
redress is available in favor of the victim, so that in murder cases, the
state should always impose a strict punishment.
Current legal theory forces its standards uniformly on all members of a
society. This means that even the consensual activities of a group of
people may be prosecuted because it violates state standards. A blatant
example is the execution of consenting homosexuals in Iran. Another the
prosecution of those who engage in consensual oral or anal sex
("against the order of nature") in Malaysia, Singapore, and Myanmar.
Western countries are not free of laws that punish consensual
interactions between their citizens. They are not even free of laws that
regulate what a person does alone, with his own body. If a person grows
marihuana or poppy in a flower pot and smokes it himself, he may be severely
punished in the US, even though there is no victim in the legal sense.
People within a society should be entitled to choose their own
consensual lifestyle, without being restricted by the state. Then, different
groups of people within one country would live very different lives. This
is the essence of freedom.
I am aware of the fact that current political systems are unlikely to
put such a new legal theory into practice, and to be able to then to
fine-tune it so that it will indeed guarantee for a country’s population a
new dimension of personal freedom. The political force that most likely
could handle the task would be a elitist single state party, strongly
guided by a sound ideology in accordance to which granting optimal
personal freedom to a country’s citizens would be the primary goal of
political rule (in addition to providing safety).
Activism for nihilists
Version 1.0, October 2006
Many men and women withdraw from public affairs and pursue an
individual, often even secret, agenda of as much sexual satisfaction they can
get because it appears to them that public affairs are utterly
anti-sexual.
And because they see that all current schools of morality are in one
way or another contrary to their sexual desires (the validity of which
they do not want to deny), they consider themselves nihilists.
They are nihilists only “sort-off”. But actually, they do have a value
system: optimal sexual satisfaction for themselves. They withdraw from
public affairs only because no political movement represents them and
would be conducive to their agenda. And anyway, they do not consider
their private pro-sexual views capable of finding majority backing.
That they are not represented by any political movement is a pity,
because their number is large enough to be a force to be reckoned with, if
only they were organized.
And whether in the current world, radical pro-sexual policies would
find majority backing is largely academic. Most people in any country are
intellectually indifferent; they can be educated to adopt any ruling
ideology, whether the ruling ideology is lunatic Christianity, faulty
Communism, or the pro-sexual ideology that many of my articles are about.
Thus, worries about whether a pro-sexual ideology finds majority
backing in the current world should not be a deterrent to activism. A
dedicated intellectual elite, best organized along the principles of a
Leninist party, could assume political power by other means than being
democratically elected (though winning an election would be convenient). It
then could initiate policies that liberate people sexually. Once
liberated, and allowed to pursue sexual satisfaction, the people would, after
being educated appropriately, support policies of sexual liberation.
My own activism consists almost entirely of writing articles and
formulating an appropriate ideology. Organizing a political movement will
have to be handled by others, independent from me. However, I will happily
use my substantial web presence to report about such a movement. And I
will encourage pro-sexual men and women to join it.
Who is against drugs?
Version 2.1, December 2003
Who is against drugs (those that are currently classified as illicit)?
Parents and governments.
Parents are against illicit drugs because they want their children to
continue their (the parents') procreative strategy. This means, make
their parents proud, and have children who then make their parents (and
grandparents) proud.
Children who achieve nothing in life, and who themselves have no
children, are a loss for parents. After all the efforts and costs it has
taken to raise them: nothing.
From the perspective of a young adult, it may make perfect sense to
choose a path of life that ends after a short career in extremely
satisfying morphine and heroin with a gentle, painless death.
From the perspective of his parents, it's a waste. Parents gain nothing
from a child that chooses this kind of destiny.
Sons may die as heroes in wars, defending their country or democracy.
They may die as martyrs or suicide bombers for their religion, or in
protest against foreign occupation. Great for the ego of their parents,
and no waste at all. Or sons may be nothing special, but good
procreators. As long as they have offspring, the more the better, they have
fulfilled their most important purpose, which is: to give grandchildren to
their parents.
This is why most people are vehemently against their children becoming
addicted to hard drugs, but don't mind if their parents do.
Which, once more, proves that parents have children for mostly egoistic
motives.
Governments are always against the kind of drugs, which, for precisely
this reason have become illicit.
Drugs that are a viable option for young adults to lead an unproductive
life followed by an early, painless death, are totally against the
interest of governments.
As children, all members of society are a cost factor. They also bind
part of the productivity of their parents who typically are in their
productive prime. Once children are young adults, it's payback time. They
are expected to work, earn money for themselves, and pay heavily into
social security systems, be they formal or informal.
When young adults opt for hard drugs, they don't pay back. Not their
parents, not society as a whole. In the contrary, they continue to be a
cost factor. And a public order risk.
Governments are not against opiates and other drugs they have made
illicit because these drugs would be bad for their users. These drugs have
been outlawed because they are bad for the governments.
Look at the type of busybodies who typically make up the top of the
executive and legislative branches of modern states.
These are people of a mindset easily unveiled. Theirs typically is an
ideology that derives justification for their own lives from outside
their own lives. They may understand themselves as agents of a specific
religion, or as working for the social good, or another irrational
entity. They work for social progress. At least that is what they claim (and
even actually believe of their motives).
Of course it is a lie.
These busybodies on all levels of government primarily derive
satisfaction from interfering in common affairs. Because they assume they are of
value to their social units, they feel able to attach a value to their
own lives, which these lives per se do not have.
It's a particular brand of escapism that lands people in government
positions (unless they are after opportunities for gains through
corruption). They attempt to overcome their own fear of death by claiming (in
their own minds) to be important parts of social structures that ideally
persist eternally.
These busybodies typically cannot accept that other, more rational
contemporaries prefer to just opt out. They cannot accept that young adults
do not care about the social good, don't intend to have families, are
not bent towards a successful professional live, but just want to take
drugs, and die early.
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