I have taken Pratap Bhanu Mehta APART a few times before on this blog - just search-and-find - but this JNU bureaucRAT-professor of Philosophy, Law & Governance who now heads a State-owned "think-tank" and has been "co-opted" into the presumably "already co-opted" Indian Express as a Contributing Editor - well, his "contribution" of today, purporting to be "for the sheeple" and on their side in their search for "The Rule of Law" - it is nothing but LIES.
[Here is a previous post tearing apart a Pratap Bhanu Mehta column.]
Let me briefly list out these lies:
1. That this Centralised State bereft of any "local institutions of self-government" is a REPUBLIC.
To know what exactly is the difference between a Centralised State and a Republic I suggest two readings:
2. All the blame lies on British "colonial rule" - and their "colonial law" - which is NOT HISTORY - as he does not distinguish between the centuries of Company rule and the brief as well as disastrous period under Crown-in-Parliament - and the vital differences in LAW in these two periods, which are:
3. The Rule of Law means "the sheeple wish to live lawfully." WRONG! The sheeple ALWAYS live lawfully. The sheeple are ALWAYS peaceful and law-abiding, even god-fearing.
As far as EVERYTHING ELSE in this "contribution" of Pratap Bhanu Mehta is concerned - it is CRAP!
Let us now get it all STRAIGHT & SIMPLE:
Under the Eternal Laws - which are always "found" and never "made."
I gave the example of the Prophet Moses the other day - of how all pious Jews were already trading - and NOT stealing - for many centuries already - when he thundered "Thou Shalt Not Steal!" - and this is essentially true of ALL the "Codes of Law" - from Justinian's to Napoleon's to the Indian Penal Code as well - that these were all "compilations" of legal opinions and decisions of ages past.
Legislationism - this is SOMETHING ELSE! - this is the Very Root of Unlaw - it is Legislationism that is the ANTITHESIS of whatever "Rule of Law" was meant to PREVENT - which is the "Rule of Arbitrary Will" - and Rule of Arbitrary Will is precisely what Legislationism IS.
So, I trust ALL MY READERS will now order professor pratap bhanu mehta:
[Here is a previous post tearing apart a Pratap Bhanu Mehta column.]
Let me briefly list out these lies:
1. That this Centralised State bereft of any "local institutions of self-government" is a REPUBLIC.
To know what exactly is the difference between a Centralised State and a Republic I suggest two readings:
First, this post from EconomicPolicyJournal.com that compares Obama with Lincoln and Bismarck, the latter two both responsible for converting their respective "confederations of states" into monolithic "consolidated nation-states";
Second, this recent post of mine, on the difference between "republicanism" and "federalism" - pointing out why the USSA lost its way. Why not? When Obama is a Professor of Constitutional Law! Lincoln was a lawyer - same as Clinton.
2. All the blame lies on British "colonial rule" - and their "colonial law" - which is NOT HISTORY - as he does not distinguish between the centuries of Company rule and the brief as well as disastrous period under Crown-in-Parliament - and the vital differences in LAW in these two periods, which are:
LAW in the first, Property, titles to property, Contracts, and all this WITHOUT any Promulgated Statutes / Legislation;
LEGISLATION after LEGISLATION in the second - destroying order - from the Indian Police Act of 1861, the Indian Penal Code of 1863, the Land Acquisition Act of 1894, the Sedition Act, and finally the Reserve Bank of India Act of 1934 - the last paving the way for "democracy" vide the Government of India Act of 1935, upon which almost the entire Constitution of India is based - precisely because it centralises the two most essential POWERS for any TYRANNY: The POWERS TO CREATE MONEY as well as LEGISLATION - at WILL!
3. The Rule of Law means "the sheeple wish to live lawfully." WRONG! The sheeple ALWAYS live lawfully. The sheeple are ALWAYS peaceful and law-abiding, even god-fearing.
What the "Rule of Law" actually means is that - and this IDEA was born and then developed in FEUDAL times, in Europe, beginning with England and their Magna Carta of 1215 AD - is that THE KING and ALL HIS SERVANTS are FIRMLY PLACED UNDER THE LAW - that is, NONE of these "rulers" can act "lawlessly."
As far as EVERYTHING ELSE in this "contribution" of Pratap Bhanu Mehta is concerned - it is CRAP!
Let us now get it all STRAIGHT & SIMPLE:
1. Republicanism is about NOT HAVING KINGS - no rulers! - no one to bow-or-curtsy to - about being Free Citizens of a Free City!
2. No Rulers does NOT mean "no rules" - nor does it mean "lawlessness."
2. But since LAW and LEGISLATION are very different things - a genuine Free City - the Ultimate Res Publica - would be devoid of all legislation - where even "road traffic rules" would be set by Private Road Owners - all that LAW would refer to are the Eternal Laws of Property, Contract and Torts - that is, a "private law society," something that I have been explaining on-and-on for quite some time now, so any new reader must scroll down and study previous posts.
4. This Eternal Law - it will also IMMEDIATELY solve the Money & Banking crisis. There is no "fiscal cliff," actually; it is a "constitutional crisis." I explained it all some time ago, and yet again the other day. This matters most to the most poorest-of-the-poor sheeple - and is yet another example of a LAWLESS STATE.
5. The Inviolability of Property and Contracts render ALL "consensual trades" FREE. ALL - without exception. Since ALL these trades actually occur AFTER they have been agreed upon by the TWO SIDES to that trade, they have NOTHING TO DISPUTE after the trade, which means JUSTICE is ex ante. In other words, lawyers, judges, and the entire "legal community" - which also comprises COPS and PUBLIC PROSECUTORS - will be VERY POOR! Mass Unemployment among them!
JUSTICE - for ALL!
Under the Eternal Laws - which are always "found" and never "made."
I gave the example of the Prophet Moses the other day - of how all pious Jews were already trading - and NOT stealing - for many centuries already - when he thundered "Thou Shalt Not Steal!" - and this is essentially true of ALL the "Codes of Law" - from Justinian's to Napoleon's to the Indian Penal Code as well - that these were all "compilations" of legal opinions and decisions of ages past.
Legislationism - this is SOMETHING ELSE! - this is the Very Root of Unlaw - it is Legislationism that is the ANTITHESIS of whatever "Rule of Law" was meant to PREVENT - which is the "Rule of Arbitrary Will" - and Rule of Arbitrary Will is precisely what Legislationism IS.
So, I trust ALL MY READERS will now order professor pratap bhanu mehta:
FUCK OFF!

