
Ironically, I can be sued for using this law image
I’ve been a bad blogger for not posting since November, but it’s only because I’ve been reading a lot and everything has jumbled into 20 topics that have effectively rendered me unable to write about any of them. Almost a creative paralysis of too many ideas, if that makes sense, anyways, no more excuses. Let’s roll 2012.
I begin with some more reflections from Thomas More’s Utopia. Outside of the Gold and Silver reflections, there were some interesting points raised on Law. Utopia, which was written in 1516, was written in an age where if you robbed someone, you were hanged, and if you killed someone, you were hanged. In other words, if you’re robbing someone, you might as well kill that person since you’re going to die anyways if you’re caught.
On the one hand, this sounds great since you would never want to rob anyone as you would die if you’re caught.
On the other hand, the punishment doesn’t exactly fit the crime. A person who would rob someone has been proven to not have the same mental state as someone who could / would kill someone in most cases.
The book then counter-argues that the punishment basically wouldn’t make a difference in that day and age as to whether someone would rob or steal, because if you don’t have food, you will do what you have to basically to get it. The punishment change would not necessarily be the deterrent.
The great point here is, which reflects on laws today (IMO):
1. That it is more important to not kill the wrongly accused, especially for a lesser crime. Could you imagine the U.S. having the death penalty for robbery? At least in the U.S., it appears that we are generally more worried about mistakenly punishing the innocent, then punishing the guilty. While this doesn’t seem to be the direct point made in Utopia, it puts our current system in perspective into how harsh it could have been. Basically, if our justice system wrongly punishes someone for robbery, at least we won’t kill them too. You know what they say, time heals all wounds (unless they give you the death penalty). Ok, maybe no one says that…but they should.
2. Not give a robber more of an incentive to kill someone. IE: If you are robbing someone and kill them, you have higher odds of getting away with it.
This seems pretty obvious now, but everything seems more logical after thinking about it for say, 500 years. Well, most things, except for the reason why we still use that styrofoam popcorn that gets everywhere.
We’ll dive into some reflections from Jean-Jacques Rousseau’s “The Social Contract”, for part two.
Laws have evolved quite nicely when you think about it. As bad as things can seem now, the state of law is essentially a compendium of all the needs of a populace in a society. By accepting the “social contract” of our society, IE not walking on your hands, shooting your neighbors, and paying taxes, you are accepting the rules and “chains” that you must live with.
This still beats moving to a foreign island and battling wildebeests, tigers, and disease laden insects for survival. See, life’s not so bad right?
Part two this week, arrivederci!



