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The rule of law: unjust and violent

By Robert Burrowes - posted Thursday, 15 August 2013


If these dysfunctionalities are inappropriately socially endorsed – as, for example, chronic over-consumption, whether by a middle class professional or member of the elite, is socially approved in industrialized countries – then the individual dysfunctionality is not even recognized or regarded as a problem. In contrast, if certain dysfunctionalities are inappropriately labeled as 'wrong' or 'criminal', and if police, legal and prison systems are used to threaten, intimidate and/or punish the individual who 'breaks the law', then this socially endorsed violence can only cause further dysfunctionality or exacerbate existing dysfunctionalities in the punished individual. This is because violence, and the fear it causes, can never restore functionality.

The only way to assist a dysfunctional/violent individual (including a judge) to restore functionality is to listen to the individual for what might be very many sessions over a very protracted period while they slowly reveal and feel their way through the emotional damage (including the suppressed fear, pain, anger and sadness) that caused their dysfunctional/violent behavior in the first place.

Two vital features of any effective strategy for ending human violence and preventing human extinction, such as that outlined in 'The Flame Tree Project to Save Life on Earth', must be its identification of dysfunctional socialization and social processes as the primary cause of individual dysfunctionality and its invitation to us all to create a society that is more in tune with the genetically programmed needs of each individual. The individual cannot be molded beyond a very limited extent without causing phenomenal dysfunctionality. In contrast, society is infinitely malleable simply because it is not organic and can be created in any number of ways to meet the needs of the individuals within it while taking into account the needs of the natural environment in which the society is located.

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If you wish to join the worldwide movement to end all violence and create this society, you can sign online 'The People's Charter to Create a Nonviolent World'.

While we create this society, however, one of the issues that we must address is this: How can we resist legal systems that perpetrate injustice and inflict violence? One important way is for powerful individuals to noncooperate with courts (which delegitimizes the process and makes judges powerless). By refusing to participate in the delusion that courts are concerned with justice (by refusing to enter a plea and to present any defense whatsoever), the resister will no doubt end up in prison and, in the era of privatized prisons when maximum prisoners means maximum profit, any prison term might not be brief. But the point is simply this: There is no point speaking when a judge's fear makes them incapable of listening.

And until we make it clear that we are fearless enough to no longer submit under threat of the legal system's violence, legal action will remain a key tool in the elite's armory against us.

The rule of law is the rule of elite violence.

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About the Author

Robert has a lifetime commitment to understanding and ending human violence. He has done extensive research since 1966 in an effort to understand why human beings are violent and has been a nonviolent activist since 1981. He is the author of The Strategy of Nonviolent Defense: A Gandhian Approach, State University of New York Press, 1996. His email address is flametree@riseup.net and his personal website is at http://robertjburrowes.wordpress.com.

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