Thoughts on the dilemma of law and politics nowadays

Here’s a thought I had:

In the past some odd years I have found myself saying a statement that, I think, is interesting.  Basically, it amounts to this:

“You never find me consulting the law or politics to find out the explanation or solution to problems.”

The interesting thing about this statement is that it is saying that I, frankly, do not accept the legal or political system as knowledgable or sufficient enough to know how to explain or solve things.   BUT the legal and political system is what stands over me and has power over me and makes the “decisions” of how to deal with problems.  If they are so “right” then why don’t I ever consult them?

This fact struck me one day as being quite significant.  Its saying that the very thing that is “supposed” to be able to explain or know things, and solve them, I did not even bother to look at because it doesn’t seem competent enough to know.  Not only that, I have NEVER seen anyone else look at the legal or political system to explain and solve problems either . . . I never have!

Don’t you find that curious?  

ON THE LACK OF FAITH IN THE LEGAL AND POLITICAL SYSTEM

It’s sad that if I even hear a statement from the legal or political system I discount it almost immediately.  I never assume its correct.  Just recently, I heard of a politician with one of their ‘political solutions’ and I almost automatically said, “yeah, but that’s a politicians point of view . . . I CAN’T believe what they say, they don’t know”.  And whenever I hear of a court ruling I NEVER take that seriously nor think that it reflects some ‘truth’.  Anything coming from the courts is almost sure to be ridiculous.

Why do I feel this way?  Is it because I’m being rebellious?  Is it just me being angry?  Am I just stirring up problems?

No . . . I think it is based on observation.  It’s based in what I have seen over the years. 

Experience has taught me that they simply do not know, though they are in the ‘business’, so to speak, of knowing.  In fact, I consider political and legal thinking as somewhat ‘distorted’ or ‘warped’ . . . it certainly sounds that way . . . and behaves that way too.  Even much of their logic is ‘oddball’ and ‘weird’ to me.  How many times have I said, “. . . and I’m supposed to believe that?!”  At times, they sound completely unconnected with life and the world. 

In fact, I feel that politics and law has become disconnected with life . . . and with humanity.  I do not believe that this is politics or laws fault.  In many ways, its humanities fault and the condition of the times.  The fact is that humanity has gotten too big, too complex, too varied, too fragmented, too alienated, and too confused for any political or legal system to be able to ‘take hold’ of it.  Because of this, politics and law just doesn’t work that well anymore.  To be frank, I sometimes feel that law and politics has ceased to work that well at all.  What does work is somewhat fragmented and ineffective. 

ON HOW WE ARE STUCK IN AN ANTIQUATED SYSTEM

We must remember that law and politics is based on a whole other type of society and a whole set of other conditions.  Its basis of ‘fact’ is in a world long gone by.  In this way, law and politics is like an old worn-out custom that persists and persists.  This is because its hard to get rid of an ‘out-dated’ legal and political system because they are so centered in power and order.  To change law and politics upsets everything and can lead to problems.  This is one reason why the antiquated laws and politics tend to continue. 

I tend to feel that a large part of law and politics is out-dated, antiquated, and no longer relevent.  This fact, alone, is creating many problems in society.  I would not be surprised that many of societies problems is because of the continued use of this out-dated legal and political system.  Its causing more problems than it solves.  In many ways, its become a burden on us and, in many ways, is nothing but a big suppressor.  Personally, I feel that law and politics have become a problem in themselves. 

But, there are problems of why we cannot ‘move past’ our antiquated system and develop something new.  In many ways, that’s what we need nowadays, a new point-of-view and outlook.  But this is not coming.  This is because of things like:

  • There’s nothing new being offered.  At this point I see no new legal or political theory coming up.  I don’t think we will see an ‘armchair’ philosophy like communism appear (where someone sat and thought about the problems and tried to come up with a solution) or a University-based philosophy like democracy (which is based on the knowledge of history).  If anything new does come up it will most likely be as system that a legal or government system develops out of necessity.
  • Glorification of ones law and politics.  The U.S., in particular, has made democracy everything, almost like a religion.  They have already glorified it to death and made it the ‘answer’ to everything.  They’ve staked their whole existence on that.   Whether it works or not, they have sanctified it.  In this way, they have created a ‘bull-headedness’ and an unwillingness to change.
  • An unwillingness to have any legal or political ‘rival’ point of view.  Recently, law and governments have been treated almost like religion.  As a result, anything new is perceived as a ‘rival’ that ‘threatens’ their system.  They’ll probably try to stamp out anything new more than anything else.
  • An unwillingness to change or experiment.  Without a willingness to change or experiment nothing new is going to be created . . . it simply can’t. 
  • Anything new will lead to problems.   Any change to any current power system can lead to great problems and even a crisis.  Power systems often have to remain the way they are, for better or worse, to maintain a constancy of power. 

All these create a tremendous hinderance of any development in law and politics.  In many ways, they make us as if ‘stuck’ in the system, unable to get out, as if we are in a big hole.  But it seems to me that we are in need of a whole new legal and political outlook. 

ASSUMPTIONS OF THE CURRENT LEGAL AND POLITICAL SYSTEM

Much of the current legal and political system is based on a number of assumptions that no longer exist.  It’s power is based on certain principles that, really, have no real relevance anymore.  These include these assumptions:

  • That there is a ‘one explanation’ and a ‘one solution’ to things.  In the current mass society there can NEVER be a ‘one explanation’ or ‘one solution’ to things.  No matter what you do there will be something that contradicts it.  No matter what policy you implement someone somewhere will be adversely affected by it.
  • That the legal or political system is based on an accepted philosophy and belief system.  These often having religious connotations, though it may not seem like it.  In the current mass society there is no longer an accepted religion or belief system anymore.  In many cases, there isn’t even a culture anymore.  As a result, the legal or political philosophy is often rooted in belief systems that are often no longer believed.
  • That the legal or political system is a display of authority.  Because of the broken-down and fragmented mass society of today there is no constant image of authority.  Nobody knows who the authority is.  But the legal and political system is relying on this authority image as a mainstay of its power.  Nowadays, this image of authority, that they are relying on, isn’t even there anymore.  Because of this, the legal and political system mainstay of power is actually sitting on a “haze”.  This ‘confusion of authority’ is one reason why the legal and political philosophy doesn’t really work that well anymore.  Its depending on an image of authority that isn’t there.

These assumptions are no longer relevent . . . or adequate anymore.  The era where these assumptions worked has long passed. 

One may think that I am saying all this because I am against the government or law.  On the contrary!  I say this because I believe in the government and law.  I believe in what they stand for and what they are trying to do.  And I can see that these antiquated points of view are actually destroying and undermining them.  In fact, it seems to me that the persistence of this condition is going to erode the law and government even more

Of course, the law and government system I see the most is democracy and I can see how antiquated, and ineffective, that is.  It all sounds good but it doesn’t quite work as well, or in the way, they profess.  I tend to believe that if it wasn’t for the money in America you’d see more examples of the failure and ineffectiveness of democracy.  In actuality, the U.S. is as screwed up as a lot of the world but its money “saves” it or hides its ineffectiveness.  Not only that, many of the claims of democracy hold no water at all:  people do not “rule”, a persons say has no power, the government does what it wants . . . in actuality, its like everywhere else.  They just say that it isn’t.  

Because the legal and political system is based in an antiquated system a lot of law and politics is starting to look ‘foreign’ or ‘alien’ and seems disconnected with life, at least to me.  I sometimes think that the legal and political system is going through a ‘condition shock’, so to speak, and does not know what to do.  It is being shocked by the conditions of the times, which its ways can’t relate to. 

What is the solution ? 

I do not know. 

A NEED FOR FLEXIBILITY???

Definately, a necessary word will be flexibility.  Any new ‘effective’ system will most likely will require an ability to change.  This requires the ability to be flexible.  Really, in a way, we’re dealing with a need to evolve.  But to evolve means to not be rigid or hold fast to things.  This, though, is actually how the legal and political systems work.  A lot of the legal and political system is based on written documents of one form or another, adhering to them as if they were the words of god.  Without these written documents the whole thing would fall apart.  I’ve always felt that this is greatly hampering law and politics nowadays.  Perhaps one of the worst things that the legal and political system is doing is adhering to its written documents?  By behaving this way, they make themselves unable to be flexible or evolve.  Everything is compared to what’s written . . . and written decades, and even a century or more, a go.  Not only that, trying to change what has been written and codified is like trying to move a mountain.  Good luck!

I’ve often felt that one of the only ways to evolve is the reestablishment of someone in control, who causes these things to happen.  A ‘democracy’, or ‘republic’, can’t do this as they consist of quarrelling people all day long . . . they’re not going to do anything . . . and aren’t.  Somebody will have to make the ‘big decision’.  But, right now, at least in the U.S., nothing like that can happen.  It will continue in its written and codified laws and constitution as they sit and worship the ‘power of the people’ . . . don’t expect any evolving under that situation.  

ON HOW WE ARE CORNERING OURSELVES

For years I’ve always emphasized the need for different legal and political systems in the world.  What do you think, that one world system will be “right” til the end of the world and under all conditions?  Nowadays, we are cornering ourselves by creating an increasingly single worldwide legal and government style, generally based in written documents.  I’ve always felt that this, one day, will lead to problems and lead to a crisis, perhaps a world crisis.  To be flexible as a world we need different legal and political styles and ways. 

The absence of different legal and political systems in the world means that we are cornering ourselves into a ‘one way’ of doing things.  The whole world will, one day, be controlled by this ‘one way’.  It’s like putting all your eggs in one basket.  What happens when that fails? . . .

FAILING HUMAN SOCIETY = FAILING LEGAL AND POLITICAL SYSTEMS = THE COMING OF THE SYSTEM

It seems, to me, that the failing legal and political systems are a direct result of a failing human society.  Human society – its institutions, customs, beliefs, etc. – are failing in the modern world.  The failing legal and political systems seem to be a reflection of this fact . . . and a part of it.  The failing human society makes it so that the legal and political system, based in human society, can’t work that well. 

There are certain things needed in any human society.  They have been with human society since the beginning of time.  They strengthen society and make the legal and political system work.  They are, in actuality, the framework for human society.  These are:

  • Leadership and authority.
  • A culture and a belief system.
  • A unity.

In the current conditions we are seeing a breakdown in all these areas.  On these things human society, and its laws and politics, are based.  It’s very possible that, without these things, no law or political system will ever be effective, no matter how good it may seem.  This may mean that we are moving in an era where NO legal or political system will be effective. In other words, these failing systems are nothing but a reflection of a failing human society.  Because of this, it is becoming less and less representative of human situations because the human situation has failed. 

What will probably happen is that the legal or political system will become more like a machine, trudging along, doing whatever it can to keep mass society going as best as it can.  In other words, it will begin to work much like an impersonal inhuman machine.  It will grow increasingly abstract and not rooted in human belief.  I speak of this as the ‘system’

I’m inclined to think that we are moving more into this situation.  Without a unified people, or leadership, or a belief system, how can a legal or political system work effectively?  But it must.  Because of this, the ‘system’ will be forced to move away from basic human social conditions and reality to keep order in mass society.  In other words, the legal and political system will no longer be based in human society and will grow increasingly away from it.  It will further entrench itself in its abstract thinking and logic that will make it more and more disconnected from human reality.  This will make it so that there will be a growing gap between ‘legal and political thinking’ and ‘the real world’.  The result:  the legal and political system will not be the place to go to find explanations and solutions ‘in the real world’ . . . the very condition I described at the beginning.  Any legal or political explanation or solution will only work in their ‘abstract world’ but it will offer very little on the ‘human level’.  This, it seems to me, is what we are seeing now.

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