Tuesday, 20 December 2011

In The Name Of The Law: Part 2

Continuing from where I left off yesterday, the socialist-democratic State practices "interventionism" through legislation as well as subordinate legislation: and these are all the "rules & regulations" that empower bureaus and bureaucrats to tyrannise businessmen, both big as well as small. Since they do not believe that businessmen should be "left free" - laissez faire - this interventionism is inevitable. Yet, the more the rules and the more the regulations, the worse it is for society, for conflicts increase, especially between the State and the people. It is not unsurprising that it is our The State that is the biggest litigant in the country. And the number of cases pending in the courts is astronomical. All this is UNLAW. It is also TYRANNY.


A pertinent example is the alcohol trade in this Garibabad called Nude Elly. Here, this trade is a State Monopoly - so there are very few shops and, because of taxation, prices are also much higher than elsewhere in India. Now, wee the people are the CUSTOMERS of this The State. But how does this ugly monopolist treat us?


Well, there are no "public spaces" in Nude Elly where people can drink - like beer gardens or bistros or even the little "bar & rest"  establishments found all over Goa. Thus, what happens is that if anyone is seen drinking anywhere in the open, the same police whose salaries are paid for by the high taxes pounce on you! 


TYRANNY!


It is therefore not unsurprising that the Minister for Education is a socialist lawyer. Such lawyers alone teach law here; and only such lawyers become judges. Their view of law is "positive law" - and that is legislation. And subordinate legislation. They do not know the difference between law and legislation - hence all this unlaw, all this tyranny, and all these legal conflicts which lawyers and judges PROFIT from, for they are well paid to resolve these.


Socialist-democratic lawyers are therefore some of the most dangerous people in the world. They are directly responsible for the perversion of law. Almost all the world's greatest tyrants were lawyers - from Abraham Lincoln to Gandhi, Nehru, Patel, Jinnah... Indeed, it is noteworthy that in his The Men Who Ruled India, Philip Mason notes that some of the "worst people to be found in the districts were lawyers, for they had learnt how to exploit loopholes in English law."


Things were different in the "princely states." Here, conflicts were few - and all cases were promptly solved. The ruler usually hired a respected and well reputed retired judge from British India to visit his State once a fortnight and settle all pending  cases. Rulers also held back the judge's salary if too many cases were left pending.


In the Calcutta of Warren Hastings, Sir Elijah Impey was the judge - and, in Daulatabad-upon-the-Sea I intend to import a good libertarian judge from abroad. I met one once - from the USSA. And I was also told of the "Rent-a-Judge" companies in California, which people who want their disputes settled promptly approach. These rent-a-judge companies have retired judges on their payroll and these "private judges" are possessed with the incentive to settle disputes promptly and fairly for two reasons: first, they cannot use force; and second, they want repeat custom.


However, it is important to note that in a laissez faire economy, there will be very few legal disputes, and most people will go through life without ever entering a court of law.


Socialism is UNLAW as well as ANTI-SOCIAL because of all these reasons: their disrespect for Property leads to "legal plunder"; their hatred of businessmen and the market leads to corruption and tyranny; their selfish motives as lawyers, judges and bureaucrats leads to an explosion of legislation, rules and regulations. 


Daulatabad-upon-the-Sea will be very different. It will be a "private law society." The entire "body politic" will comprise honest businessmen who want to be left alone to "mind their own businesses." The market will be perfectly free. I anticipate very few disputes - and these will be promptly settled.


It is only under such conditions that people turn to the law - instead of "taking the law into their own hands." When they know that the law is to be respected because it offers all of them equal protection, only then will the "natural order" of a Free Market Society prevail. 


Under democratic-socialism today, the very opposite is happening. Even the cops are "lawless." And almost everyone finds himself an "outlaw" every once in a while - like, for example, when sipping a beer bought at a State-owned vend.

1 comment:

ஹரீஷ். said...

I think we've lost, Sauvik. I'm tired now; just looking for a way to emigrate. The people of this god awful nation are so used to tyranny and oppression that they haven't even raised a voice against the draconian Food Security Act, which they know will lead to massive corruption and deficits, thereby enabling the central bank to print and cause even more inflation.
But they don't care. They're willing to die in their misery; and we're forced to suffer with them even though we want to live.
I'm through with India; and with your distinguished career, you should be able to find a professorship in some nation. I suggest you leave as well.