Tag Archives: Rule of Law

Thoughts On Sportsball, by the Zman

Widespread college basketball corruption is an open secret, but an FBI investigation garners only three convictions. Why? From the Zman at theburningplatform.com:

The Federal government won convictions on three of its cases against the sneaker pimps working behalf of the apparel company Adidas. The case is a strange one in that the FBI invested a lot of time into surveying and wiretapping some famous basketball coaches, as well as some senior company executives. Yet, they have narrowed their focus to some small fish and two executives. It’s one of those cases that probably reveals things about our age for what is not happening, than for what is actually happening in the courtroom.

For those unfamiliar with American college basketball, here’s some background.

Men’s college basketball is probably the most corrupt sport in America. It used to be that boxing was the dirtiest sport, but interest in it has collapsed to the point where it is probably no longer worth the trouble for the criminally inclined. Basketball, on the other hand, is a big money sport with lots of public interest. Like boxing, the talent tends to be unsophisticated and dull-witted, so they are easy to corrupt. There’s also a culture in the sport that tolerates hustlers and conmen. In fact, they are often celebrated.

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The Rule of Law Is a Sick Joke, by Kurt Schlichter

There are two rule of laws in this country, which means there is no rule of law. From Kurt Schlicter at theburningplatform.com:

It’s adorable when people talk about the rule of law. OK, let’s assume that Donald Trump broke the law under some bizarrely convoluted interpretation of the hateful and unconstitutional (in a world where our Constitution was properly understood) thicket of campaign finance statutes that somehow makes the guy who is being extorted a criminal for paying off the aging bimbos shaking him down. Why should we care? Because we don’t care. MSNBC can howl “impeachment” 300 times an hour and we still won’t care. Even if this was an actual crime and Donald Trump was guilty of it, we don’t care. Did he illegally pay off weather-beaten pole-clinger Stormy and also the one from Playboy who was actually hot? Don’t care.

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The War on Tommy Robinson, by Stefan Molyneux

There are a lot of questions the British government is going to have to answer to establish that there is still some semblance of the rule of law in that country. From Stefan Molyneux at quadrant.org:

Explain why white men accused of pedophilia are allowed to be photographed and questioned by reporters on court steps, while Pakistani Muslims are not. Explain why a police force that took three decades to start dealing with Muslim rape gangs was able to arrest and incarcerate a journalist within a few scant hours. Explain why a man can be arrested for breaching the peace when no violence has taken place. To the British government: explain your actions, or open Tommy Robinson’s cell and let him walk free.

The rule of law is fragile, and relies on the self-restraint of the majority. In a just society, the majority obey the law because they believe it represents universal values – moral absolutes. They obey the law not for fear of punishment, but for fear of the self-contempt that comes from doing wrong.

As children, we are told that the law is objective, fair and moral. As we grow up, though, it becomes increasingly impossible to avoid the feeling that the actual law has little to do with the Platonic stories we were told as children. We begin to suspect that the law may in fact – or at least at times – be a coercive mechanism designed to protect the powerful, appease the aggressive, and bully the vulnerable.

The arrest of Tommy Robinson is a hammer-blow to the fragile base of people’s respect for British law. The reality that he could be grabbed off the street and thrown into a dangerous jail – in a matter of hours – is deeply shocking.

Tommy was under a suspended sentence for filming on courthouse property in the past. On May 25, 2018,  while live-streaming his thoughts about the sentencing of alleged Muslim child rapists, Tommy very consciously stayed away from the court steps, constantly used the word “alleged,” and checked with the police to ensure that he was not breaking the law.

Tommy yelled questions at the alleged criminals on their way into court – so what? How many times have you watched reporters shouting questions at people going in and out of courtrooms? You can find pictures of reporters pointing cameras and microphones at Rolf Harris and Gary Glitter, who were accused of similar crimes against children.

To continue reading: The War on Tommy Robinson

The Myth of the Rule of Law, by Robert Taylor

This is a provocative article along the lines of what used to be called “legal realism.” From Robert Taylor at mises.org:

Any state, no matter how powerful, cannot not rule solely through the use of brute force. There are too few rulers and too many of us for coercion alone to be an effective means of control. The political class must rely on ideology to achieve popular compliance, masking the iron fist in a velvet glove. Violence is always behind every state action, but the most efficient form of expropriation occurs when the public believes it is in their interest to be extorted.

Mythology is necessary to blunt the violent nature of state power in order to maximize the plunder of property — and, most importantly, provide an aura of legitimacy. The perception of legitimacy “is the only thing distinguishing a tax collector from an extortionist, a police officer from a vigilante, and a soldier from a mercenary. Legitimacy is an illusion in the mind without which the government does not even exist.”1

State authority, and public obedience to it, is manufactured through smokescreens of ideology and deception. These myths sustain the state and offer an illusion of legitimacy, where orders, no matter how immoral or horrific, are followed because they are seen as emanating from a just authority. The state cannot implement violence against everyone everywhere and overwhelm the host, so the battle is waged against the hearts and minds of the public. Fear is exploited, language is distorted, and propaganda is spread, while narratives and history are tightly controlled. The gulag of state power, first and foremost, always exists in the mind.

If the mythology of state power is smashed, then the state is exposed for what it is: institutionalized violence, expropriator of the peaceful and productive, and entirely illegitimate.

The Myth of the Rule of Law

In order for a society to have peace and order, there needs to be a set of largely uniform and neutral laws in which the vast majority of the public agree are fair and just. Throughout the history of Western law, a decentralized process of trial-and-error, competing courts, and private arbitration achieved these rules. A monopoly power was not necessary, nor desirable. Before the rise of the modern bureaucratic, democratic nation-state, the monarch was the symbol of monopolistic order, and his power consisted mostly in enforcing the private common-law tradition that had already developed over centuries.2

To continue reading: The Myth of the Rule of Law