Category Archives: Law

A philosophical approach to what we call law.

Courts of Law or Theaters of Sadism

In this program I explore the legal ramifications of MIlgrams discovery that people will behave sadistically towards strangers if an authority figure instructs them to do so.

I don’t believe that people are inherently obedient, rather this is a product of cruel child-rearing practices by parents and schools. Distrust of and lack of empathy for strangers may well have a biological basis. Our primitive ancestors are though to have lived in bands linked by male kinship.

Some ancient pre-state societies didn’t have adversarial courts with a professional “prosecutor” (i.e. persecutor) and lay jurors. Instead kritarchies had professional jurors and no prosecutor. The seasoned jurors heard evidence and then pronounced their findings. Typically the focus of these courts was restitution and not punishment. Public humiliation was punishment enough in tribes.

The adversarial penal system of the state implements a form of martial law that appeals to the inherent sadism of most people and their willingness to behave sadistically when instructed to do so by an authority figure. Such a system of “law” has nothing to do with justice. It’s about cruelty power and greed.

I’ll be exploring the shadow side of the human psyche more in a forthcoming review of The Empathy Trap.

Sources
Milgram Experiment
http://en.wikipedia.org/wiki/Milgram_experiment

Adverserial system
http://en.wikipedia.org/wiki/Adversarial_system

Early Irish law
http://en.wikipedia.org/wiki/Early_Irish_law

Kritarchy
http://voluntaryist.com/forthcoming/kritarchy.html

Defense Against the Psychopath
https://www.youtube.com/watch?v=MgGyvxqYSbE

Propaganda

It’s propaganda! And there’s nothing wrong with circulating information to promote a good cause. But is the propaganda factual and the cause good?

This is a response to a false propaganda piece that I saw on facebook some months ago. It concerns a cartoon by Milt Priggee that seems to lay blame for the US foreclosure crisis upon “free market capitalism”.

But is the property market an example of free market capitalism?

Sources:
Definition of ‘Free Market’
Investopedia http://www.investopedia.com/terms/f/freemarket.asp

Definition of ‘Capitalism’
Investopedia http://www.investopedia.com/terms/c/capitalism.asp

Definition of ‘Barriers To Entry’
Investopedia http://www.investopedia.com/terms/b/barrierstoentry.asp

Cartoon by Milt Priggee, Puget Sound Business Journal

Divorce by Force

In this program I review recent news that the judiciary would like to extend access to the divorce process to the unmarried. I look at the cause of declining rates of marriage and the effects this is having on the divorce industry.

Sources and further reading:

The Telegraph, Top family judge calls for no-fault divorce for all and putting cohabitees on a par with married couples
http://www.telegraph.co.uk/women/sex/divorce/10796954/Top-family-judge-calls-for-no-fault-divorce-for-all-and-putting-cohabitees-on-a-par-with-married-couples.html
ONS, Marriages in England and Wales (Provisional), 2011
http://www.ons.gov.uk/ons/rel/vsob1/marriages-in-england-and-wales–provisional-/2011/stb-marriages-in-england-and-wales–provisional—2011.html#tab-Marriage-Rates

Talking About Family Law
http://www.talkingaboutfamilylaw.co.uk/judge-speaks-out-on-no-fault-divorce-and-rights-of-unmarried-couples/

The Guardian
Couples should be able to divorce without going to court, says top judge
http://www.theguardian.com/law/2014/apr/29/divorce-consent-handled-registrar-courts

Mail Online, Let couples get quickie divorce at register office and protect unmarried women left on scrapheap, says top family judge
http://www.dailymail.co.uk/news/article-2616123/Couples-able-divorce-simply-signing-form-says-countrys-family-law-judge.html

BBC, Divorce Reform Act 1969
http://www.bbc.co.uk/news/uk-12417483

Divorce since 1900
http://www.parliament.uk/business/publications/research/olympic-britain/housing-and-home-life/split-pairs/

Family Law Reform Act 1969
http://www.legislation.gov.uk/ukpga/1969/46

A brief history of divorce
http://www.cflp.co.uk/a-brief-history-of-divorce/

Mail Online, The wife who changed history – by asking for the first divorce
http://www.dailymail.co.uk/femail/article-508936/The-wife-changed-history–asking-divorce.html

Family breakdown ‘could cost taxpayers £46bn’
http://www.telegraph.co.uk/women/sex/divorce/10674267/Family-breakdown-could-cost-taxpayers-46bn.html

Eight Stateless Questions Answered

Here is the first program using the new production facilities. I answer some classic questions about stateless societies.

Libertarians / Voluntaryists / Anarchists facebook group
https://www.facebook.com/groups/112595305444742/

Some more programs dealing with these topics:

The Concept of Law
https://www.youtube.com/watch?v=w_R5_EefMhQ

Empire Law
https://www.youtube.com/watch?v=1M6qEhBqXk8

Stateless Societies
https://www.youtube.com/watch?v=GK-AGK4FEO0

Without Government
https://www.youtube.com/watch?v=ULqCJGCwkAA

Sources – see programs above.

The new freedomphilosophy.tv channel web site!
http://freedomphilosophy.tv/