1.07.2005

The Devil Made Me Do It

Thew, we are all capable of depravity. What varies are the trigger points - post-partum; sleep deprivation; bad grass; bad hair; a dirty look - the point is different for everyone.

What reverberates in this discussion is a fundamental philosophy of the legal system. What is the point? Is it there to rehabilitate? To enforce justice? (Ironically, the first legal system came from ancient Iraq.)

I think that the purpose is neither rehabilitation or justice. The purpose is to enforce the rules (how ever just or unjust) of the social contract of our society. The faithful enforcement of these rules is critical to the continuation of civil society. Whether the outcome achieves some notion of "justice" or "fairness" is irrelevant to the basic purpose - enforcing the rules.

Quite frankly, the rules have changed throughout history and were established by chiefs, warlords, tyrants, kings, queens, dictators, philosophers, legislatures, you name it - both good and bad. What has held things together is not what the rules are, but whether we all play by them or not. Even before Hammurabi, there were an unofficial rules of human interaction. The problem was that when enough people broke the rules, society broke down until a) the old order could be reestablished or b) a new set could be imposed. a or b could happen by consent or force.

In this way, life is like a card game. You need rules to establish how to play and win. And cheaters need to be dealt with whether they are disqualified or removed by a Derringer.

Life is not just or fair and neither are our laws. But that is not the important part. The important part is that we all are made to play by them.

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