LIVING OUTSIDE THE LAW

If people behaved decently, there would be no need for any prohibitive law. Codified laws go back to 2100-2050 BCE and, most likely, even before that to the earliest known form of writing in 3500 BCE some 5520 years ago. The law is on the whole concerned with the preservation of life and property. Both killing and robbing had the penalty of death attached. Codified laws detail the prohibitions expected of individuals. It’s the ‘thou shalt not’ admonition of behaviour. So far as the codes are concerned, the behaviours generally complained of have not changed, indeed some have been added, it is the punishment that keeps changing with the changing times. For the most part damage to property and the taking of life carried the more severe penalties. Injuries to the person or sexual offences against women less so; however, “if a man violates the right of another and deflowers the virgin wife of a young man, they shall kill that male”. Note the presumption of rights by husband over wife, but offenses of rape, excluding virgin wives, could be dealt with by a fine. Things have moved on in the last 5000 years. Not a lot, but moved on.

 

Rules and regulations have existed ever since humans formed into herds or congregations. Indeed, it is clear from scientific observations of a variety of species, that a form of pecking order exists in all kinds of groups. Such rules that were implemented and enforced, were used to keep the rulers in power and maintain order in the general population. As the law developed, in due course, with democratic practices and customs gaining ground, the concept that no one was above the law became the protocol. The rule of law would be paramount. This is the cornerstone of any society. No one can ignore or avoid the fact of its existence. All are subject to it and all are protected by it.  

 

That overriding rule does not change. What can change are the individual proscriptions and the ways they are interpreted, administered and implemented. Do’s and don’ts can vary depending on the prevailing attitudes and desires of the general population at any given time. There was a time when one did not hear or read the word fuck, which is now as common as muck. At one time one could even be prosecuted for its use.

 

Laws are made through our legislature. On the whole, the introduction of new laws, is an attempt to secure and protect the rights of individual citizens. This is done either through entirely new legislation, or, more often, a consolidation and improvement of previous legislation. The legislators do not always get things right and there are times when certain regulations must be repealed, replaced or at least modified to deal with current situations.

 

Laws are pretty much the same everywhere, although some actions or practices may be permitted in some area but not in others. It depends on the prevailing public will.; however, the public will is not always in tune with what is right, and sometimes what appears to be the public will is not at all what the majority want, it’s just being more loudly spoken, which does not make it right. Shouting louder and constant repetition of a falsehood does not make it true. It will always be a lie, but many might still believe.

 

But I digress. The real point of the rule of law is to secure and safeguard the freedom and integrity of the individual citizen. To ensure that the better angels of our nature prevail in all things, that each individual has a duty of care for the other. It is to ensure that the societies highest principles are kept in focus and adhered to. Respect, integrity and equality.

 

The moto of the French Revolution Liberté, Equalité, Fraternité is what it’s all about. So it is against the law to be racist, sexist or homophobic. Certain harmful prejudice is not to be tolerated. Violence and abuse are to be condemned, just as theft and dishonesty of any size or description, from the petty shoplifter to the Ponzi scheme con artist. Contracts, licencing, construction, trade, farming, professions of all sorts are regulated not only to protect the enterprise, but the consumers of these undertakings. Yet, although these laws and regulations are on the books, nefarious activities thrive. Penalties, no matter how severe, intended to deter, have little effect in curbing the offenders from their endeavours. Fear of death, loss of freedom, bankruptcy, shame and condemnation do not even enter into the equation. Is success at treachery, at causing severe loss and pain to others, so alluring? Are the riches gained thereby more pleasurable?

 

Blowing in the wind is not an answer but “to live outside the law you must be honest”.