Date: Thu, 18 Apr 2002 09:45:58 -0400
Subject: Re: BHA: Law, democracy & civility


Hi Bwanika,

If you feel a combination of frustration and confusion while trying to 
learn about the relationship between ideals and practices, you are not 
alone.  Both individuals and collectivities seem to be habitual hypocrites 
mouthing ideals we do not put into practice.  In many cases, it is not a 
simple case of human weakness, of failure to live up to sincerely held 
ideals.  All to often there is no real intention even to try to live up to 
them.

Collectivities, whether nations, tribes, churches, or corporations 
typically have double standards -- one set of values and standards for 
"us," members -- especially high-ranking members, and another set for 
"them."  Group bias is one of the most pervasive social phenomena, and is 
one of the reasons, imo, why dialectic must be such an important analytical 
tool in any realist social science.  The extreme form of group bias is 
genocide -- "'they' are so inferior -- or 'impure'  -- that they have no 
right to live, which gives 'us' the right to cleanse the land of their 
polluting presence."  Randolph Bourne said: "War is the health of the 
state."  War calms the internal group conflicts within a state, by uniting 
everyone against a common enemy.  Group bias on a larger scale.  Woe to the 
man or woman who dares to criticise the sacred cause.

For much of the modern era, the nation-state was the most important object 
of worship.  Far more lives have been sacrificed on the altars of the 
nation-state than ever were on the pyramids of the Maya.  Modern churches 
seldom asked their members to sacrifice their lives -- modern states 
habitually do so.  Our time of transition to a post-modern era is 
desacralizing the state in favor of the corporation.

I have never believed that religion has ever been nothing more than the 
"opiate of the people," but I am deeply convinced that every religion has 
be so used by the rich and powerful.   International law -- and law at 
other levels, also -- is more than ideology, but it is significant that 
many lawyers have become members of kind of priestly caste at the service 
of the rich and powerful.  In their hands, law becomes both a tool of 
oppression and an ideological justification for that oppression.  That does 
not mean that law is nothing but ideology.  II believe that  it can -- and 
sometimes does -- serve justice.

In the United States, the Supreme Court functions serves a function similar 
to that of the Pope in the Catholic Church.  Supreme authority on the 
interpretation of the law.  As Lord Acton said upon Pius IX's infallible 
proclamation of his infallibility, "Power tends to corrupt; absolute power 
corrupts absolutely."

Insofar as the Bush administration follows the advice of Cheney and his 
band of true believers, it seems to be seeking absolute power in 
international relations, which will, if Acton is right, corrupt it 
absolutely.  I interpret this to mean that special interests will 
completely wipe out any genuine attempt to act in accord with ideals.

Forgive these ramblings -- they do not answer your questions.  They were, 
however, inspired by your post.

Regards,

Dick



At 03:28 AM 04/18/2002 -0400, you wrote:
>Listers!
>
>
>I am relatively new in the world of science and social practice when it 
>comes to the dispersion of law in western democracies. Does  American, 
>European and International law  a preserve of the above named nations and 
>her citizens or such laws do include natural justice to serve all humanity?
>
>Why 'am asking this question in reference to artucle posted here recently, 
>for better grasp of how law actually functions in scientifically.
>
>I have tried to educate myself on events and conflict spots into this 
>world through documentary films and books. More than often, I have 
>discovered that the people in opposition, in conflict regions, more than 
>often are subjected and have  seen unabated injustice meted on them in 
>blunt violation of the international law.
>
>Now, what is even more worrying to me, may be should worry the western 
>world,  is that fact that unless an issue in the  international community 
>touches directly let us American and its interests, what is termed as 
>international law will be dispensed different, that is to say those who do 
>not fall, in the paradigmatic and acrimonious political conceptual flame 
>work, are not taken by the same law to be valid and legally relevant under 
>the same law.
>
>
>What is the legal difference between Yugoslavia and Bosnia, Israeli and 
>Palestine?
>
>
>I have seen documentaries evidence of people with legal registration 
>certificates in refugee camps in Lebanon who were moved from their homes 
>forceful very long time ago. I think I have that video tapes somewhere. 
>Another documentary was of building confiscated in Jerusalem and 
>legitimate owners with documentary evidence of ownership, banished from 
>them! I have heard about the responses of the present owners in amazement.
>
>I have also tried to understand the Cuba , American conflict and the 
>nationlisation of America property on Cuba, which I do believe the US 
>still lay claim upon, under the international laws!
>
>I have seen the law being dispensed against Melsovic (sp) a one president, 
>one would assume, as Sharon has a legitimate right to defend the Serbs 
>from the Bosnian and the Kosovans, against his country put under the 
>courts of law.
>
>I have also seen proved graphic documentation of American occupation of 
>vietnam and its consequence.
>
>Now to Tobin,  in additional to recorded interviews I have heard over the 
>years, in my effort to understand world politics and evolving human 
>history, I have seen homes being forcibly confiscated from legal owners 
>even without  compensation or legal redress, something which I do believe 
>the Americans and European  have a reason to fight Robert Mugabe in 
>Zimbabwe, Idi Amin, and the NAZIs.
>
>Why will  democratic Israeli state be above these legal structures where 
>the legal structures seem to be applying the same values on less 
>dispossessed people?
>
>I have a book here which was distributed by the state , in its fight 
>against racism depicting the atrocities against the Jewish people by 
>Europeans with a terrible human tragedy. I ordered the book myself,
>in order to learn from it.
>
>I have also accumulated material on the oppression of Africans and their 
>struggles in the USA. I have also a wealth of literature in graphic , text 
>and  audio form about the racist state in South Africa and it's demise and 
>the on going underhand twisting by the same law abiding western powers. 
>This one of the nuclea nation states in Africa developed to protect a small
>population is a sea of misery now fully under the political rule of the
>oppresed overseing deadly weaponary the international community can't as 
>of now do nothing about!
>
>One thing which baffles me, is the manner in which the Palestinian 
>question is being handled despite the presence of International law, 
>documentary evidence and historical facts like documented home ownership etc.
>
>And far more in total ignorance of human potential to self realisation in 
>a highly technological world.
>
>If bwanika killed a man trying to confiscate his property - how will the 
>law be applied in case of bwanika (let us a state) and Sharon (also a state).
>
>I do believe as more people do think about these matters of substance , 
>Europe and the people's of America better come back to common sense.
>
>Violence is a mind disposition and indeed violence breeds violence but 
>more so, the democratic west is doing itself punitive injustice and the 
>innocent common men and women on streets might be heading for unforeseen 
>and uncertain future.
>
>
>bwanika.
>
>
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