"When informal relationships and sanctions prove insufficient to establish and maintain a desired social order, a government or a state may impose more formalized or stricter systems of social control. With institutional and legal machinery at their disposal, agents of the State can compel populations to conform to codes and can opt to punish or attempt to reform those who do not conform."
So, basically we have to come up with this whole power structure because it isn't obvious to everyone that rape, murder and theft (this one is debatable depending on the perspective, but generally) are harmful acts towards others, and yet, these things still all occur? Thus, the "desired social order" (whosoever is calling the shots on that one...) is created as an ideal against which to measure the overall characteristics of the society. Enforcement thereby goes towards the measure to create the appropriate "image" as is desired by those who determine what the social order 'should' be.
Great. So, law is a creation of a collection of minds whom determined society should look and exist in a particular way. This is kind of crappy for the average person who doesn't happen to be part of that collection of minds who control all the elements of law that exist on the planet. Who's to say if they are all connected, one can't be sure, but one can always be sure that humans have always dominated one another in some fashion on this planet. There have been a few shining examples of astounding camaraderie throughout our history, but even then, there has always been the pecking order.
Who stands at the top? Who is king of the mountain? Whos law is highest?
There will be many replies and many answers. There will be a thousand claims to the highest throne, yet none can sit there. It is always and already preposterously there, cover and occupied by a dweller none can truly seem to see. The criminals are created by the lawgivers. The Law is created by the Law of the Criminals because criminals can only be responsive to that which they are. Yet, is a criminal anything but an idea in the head of some figure sitting somewhere, contemplating the elements and contents of their life, their moment?
It is an endless encaving circle, swathed in mysterious ire, a separation of aspects of the human, a culling and division by behaviour, creed and ideology. Why do humans turn themselves against and towards others and themselves so? They seem to glee in it, to revel in it.
Why? This word is almost sickening in the way it can be so overused, so overexpressed on extended, endless details, when really one asking it only once and then listening but deciding on no answer, will find the true answer. Why? Because. Because why? Why because? Because. Why is because why.
The seeking of an answer to this word, to this question which can be endlessly thrown about the whole of the universe is directly related to the law because it begs the question, 'WHY are you doing that thing?!". The whole quest of the law is to find some kind of balance between all people, at least, I think that's supposed to be the idea. It kind of seems like a control scheme at times, but then again having a common idea of "Hey, maybe you shouldn't kill that dude..." isn't such a bad idea. Unfortunate it is necessary but hey, you gotta work with what you've got, right?
Am I a criminal yet, or what? Or does only somebody else decide that? Probably in someone's books I'm a criminal. Maybe because I'm awake past curfew, or because I eat meat, or because I lived a transient lifestyle for a couple years. In general, I think I have been pretty nice to people this time around, even trying to take care of them, and maybe that is why it impacts me so much to see people so oblivious to what appear to me to be sensibilities that are so fundamental it astounds me they are not universally recognized. (Although maybe they are and I'm just whining, but that's what blogs are for!)
All that aside, what actually bothers me about this whole topic of crime, punishment and law is that basically it can be used as a tool or weapon against anybody depending on who is wielding it, and for that reason, the fact it can actually take away your freedom (or at least put you somewhere you probably don't want to be) even if you haven't actually harmed anyone in any tangible way.
I can hardly imagine living in those places still ruled by warlords and renegade armies where the law is simply an extension of the one who holds the most power. In those places there is no true law, there is only rule by the iron fist or through the most deceptive ruse. Compassion is remarkably easy to feign.
Much love to you all, my readers, see you in the twilight dawn.