There are other problems with the law. It’s a strange thing; we think that law brings order. Law doesn’t. How do we know that law does not bring order? Look around us. We live under the rules of law. Notice how much order we have? People say we have to worry about civil disobedience because it will lead to anarchy. Take a look at the present world in which the rule of law obtains. This is the closest to what is called anarchy in the popular mind — confusion, chaos, international banditry. The only order that is really worth anything does not come through the enforcement of law, it comes through the establishment of a society which is just and in which harmonious relationships are established and in which you need a minimum of regulation to create decent sets of arrangements among people. But the order based on law and on the force of law is the order of the totalitarian state, and it inevitably leads either to total injustice or to rebellion — eventually, in other words, to very great disorder.
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Do you see law and order? There is nothing but disorder, and instead of law there is the illusion of security. It is an illusion because it is built on a long history of injustices: racism, criminality, and the genocide of millions. Many people say it is insane to resist the system, but actually, it is insane not to.
Civil disobedience, as I put it to the audience, was not the problem, despite the warnings of some that it threatened social stability, that it led to anarchy. The greatest danger, I argued, was civil obedience, the submission of individual conscience to governmental authority. Such obedience led to the horrors we saw in totalitarian states, and in liberal states it led to the public's acceptance of war whenever the so-called democratic government decided on it...
In such a world, the rule of law maintains things as they are. Therefore, to begin the process of change, to stop a war, to establish justice, it may be necessary to break the law, to commit acts of civil disobedience, as Southern black did, as antiwar protesters did.
Things tend to organise themselves. If there is any message from contemporary science, it is surely that. I am very fond of the anarchist proverb regarding laws – good people have no need for them, bad people pay no attention to them, what are they there for, other than as a symbol of power – ‘We can say this is law’. I could say I rule the universe, it depends on whether anyone believes me or not. To some degree, I don’t think the authorities care whether the law is observed or not, as long as it is there, and everyone accepts the idea of law. As long as they buy into the idea of law.
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What's law? Control? Law filters chaos and what drips through? Serenity? Law — our highest ideal and our basest nature. Don't look too closely at the law. Do, and you'll find the rationalized interpretations, the legal casuistry, the precedents of convenience. You'll find the serenity, which is just another word for death.
Remember that there exists a certain malevolence about the formation of any social order. It is the struggle for existence by an artificial entity. Despotism and slavery hover at the edges. Many injuries occur and, thus, the need for laws. The law develops its own power structure, creating more wounds and new injustices. Such trauma can be healed by cooperation, not by confrontation. The summons to cooperate identifies the healer.
The law is the organization of the natural right of lawful defence; it is the substitution of collective for individual forces, for the purpose of acting in the sphere in which they have a right to act, of doing what they have a right to do, to secure persons, liberties, and properties, and to maintain each in its right, so as to cause justice to reign over all. And if a people established upon this basis were to exist, it seems to me that order would prevail among them in their acts as well as in their ideas. It seems to me that such a people would have the most simple, the most economical, the least oppressive, the least to be felt, the least responsible, the most just, and, consequently, the most solid Government which could be imagined, whatever its political form might be. For,
Dear all, the rule of law is not something you can declare, decree even in the Constitution. It is an attribute of some form of social organization. The fundamental element in this type of organization is with the balance of power. If a certain social force enjoys a great superiority, it will always instrumentally dominate the law. It will always bring it under its own control. There is no other way. It is the balance that is needed.
The moment the idea is admitted into society, that property is not as sacred as the law of God, and that there is not a force of law and public justice to protect it, anarchy and tyranny commence. If "Thou shall not covet," and "Thou shall not steal," are not commandments of Heaven, they must be made inviolable precepts in every society, before it can be civilized or made free.
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