xssve -> RE: Hypocrisy and the Law (3/13/2012 7:52:37 AM)
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Nope, the Anglo-Saxon legal system evolved the way it has because no Two crimes are exactly a alike - what is a crime in one instance is not a crime in another - i.e., murder, what is it, how do you define it? "Thou shalt not kill" is all well and and good in theory, but in praxis, there are myriad instances and circumstances - heroism in war is murder in peace. The only way to determine justly what has occurred and whether it's a crime or not, is to establish a legal fiction, and determine if a given case satisfies the definition of that fiction - i.e., "white collar crime" - is it a crime? Or corporate crime - like Mr. Rodgers alluded to above, how can one commit a crime against an abstract entity? Murder is probably the least ambiguous example, but we we still apply myriad gradations w/regard to action and intent in order to satisfy the legal fiction of what is "murder" - i.e, we have First, Second and Third degree murder, manslaughter, negligent homicide, justifiable homicide, etc., etc. and rule of law applies it to everyone equally. Without all those gradations, necessary for the rule of law, it just becomes a binary call, yea or nay, and it all depends on who's doing the judging - the law rapidly becomes a popularity contest, a justification of wealth and power, and unjust law really ain't no law at all.
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