| | "It's sometimes easy to lose context and run judgmentally-amok with a floating abstraction like "rational self-interest" but, without context, all meaning is lost." -Ed
Without a context such as your own knowledge of your own individual biologically given nature?
:)
Ted, you shameless thread-hijacker. You apparently brazen fool. Don't you know that I'm fully willing to hijack my own threads in order to hammer a point home on an unsuspecting intellectual opponent?!?! Put up yer' dukes (I know you hate it when I "pepper" you with jib-jabs, but you're asking for it this time ... so let's go!) ...
Questions of crime arise within an existent and otherwise stable political society. Ding-a-ling-a-ling (that's the bell, Ted, ready?). On ... the ... contrary, FORMAL questions of crime "arise" in "stable political society." Ahem, I'll take definition #2 for $500 please (m-w.com)! ...
=============== 2 : a grave offense especially against morality ===============
The necessary and sufficient ingredients for crime are 2-fold ...
1) a violator 2) a victim
It's possible to violate another's rights -- even if you are the only 2 cast-aways on a desert island. It is not society, nor government, nor court-house that "generates" rights. Contrary to even the position of most otherwise-intelligent professional philosophers -- rights aren't ever given or taken away. See me for further details on this identifiable aspect of reality.
When that society itself is threatened to its core, actions meant to preserve it are not matters for armchair second-guessing. Any man with testicles and a modicum of knowled[g]e would act based on pre-existing premises and let himself be judged afterwards.
Right. There's ALWAYS pre-existing premises. This supports my point. It's part of what it is to be "human." For instance, there's always an implicit identification of fairness (observable in even very young children; even in children in African tribes unexposed to "civilization.") The gods must be crazy, huh? I mean, if I had a nickel for every coke bottle that fell from the sky ...
;-)
Here's more where THAT came from ...
Natural law and natural rights follow from the nature of man and the world. We have the right to defend ourselves and our property, because of the kind of animals that we are. True law derives from this right, not from the arbitrary power of the omnipotent state.
Natural law has objective, external existence. It follows from the ESS (evolutionary stable strategy) for the use of force that is natural for humans and similar animals. The ability to make moral judgments, the capacity to know good and evil, has immediate evolutionary benefits: just as the capacity to perceive three dimensionally tells me when I am standing on the edge of a cliff, so the capacity to know good and evil tells me if my companions are liable to cut my throat. It evolved in the same way, for the same straightforward and uncomplicated reasons, as our ability to throw rocks accurately.
Natural law is not some far away and long ago golden age myth imagined by Locke three hundred years ago, but a real and potent force in today's world, which still today forcibly constrains the lawless arrogance of government officials, as it did in Dade county very recently.
The scientific/ sociobiological/ game theoretic/ evolutionary definition: Natural law is, or follows from, an ESS for the use of force: Conduct which violates natural law is conduct such that, if a man were to use individual unorganized violence to prevent such conduct, or, in the absence of orderly society, use individual unorganized violence to punish such conduct, then such violence would not indicate that the person using such violence, (violence in accord with natural law) is a danger to a reasonable man. This definition is equivalent to the definition that comes from the game theory of iterated three or more player non zero sum games, applied to evolutionary theory. The idea of law, of actions being lawful or unlawful, has the emotional significance that it does have, because this ESS for the use of force is part of our nature.
Utilitarian and relativist philosophers demand that advocates of natural law produce a definition of natural law that is independent of the nature of man and the nature of the world. Since it is the very essence of natural law to reason from the nature of man and the nature of the world, to deduce “should” from “is”, we unsurprisingly fail to meet this standard.
The socialists attempted to remold human nature. Their failure is further evidence that the nature of man is universal and unchanging. Man is a rational animal, a social animal, a property owning animal, and a maker of things. He is social in the way that wolves and penguins are social, not social in the way that bees are social. The kind of society that is right for bees, a totalitarian society, is not right for people. In the language of sociobiology, humans are social, but not eusocial. Natural law follows from the nature of men, from the kind of animal that we are. We have the right to life, liberty and property, the right to defend ourselves against those who would rob, enslave, or kill us, because of the kind of animal that we are.
Law derives from our right to defend ourselves and our property, not from the power of the state. If law was merely whatever the state decreed, then the concepts of the rule of law and of legitimacy could not have the meaning that they plainly do have, the idea of actions being lawful and unlawful would not have the emotional significance that it does have. As Alkibiades argued, (Xenophon) if the Athenian assembly could decree whatever law it chose, then such laws were “not law, but merely force”. The Athenian assembly promptly proceeded to prove him right by issuing decrees that were clearly unlawful, and with the passage of time its decrees became more and more lawless.
And you can read the rest at ...
http://jim.com/rights.html
Should someone ever threaten Erica, would you act first? Let me say it this way: Should someone take physical action meant to harm or endanger Erica in any way, then I would very likely make it the most memorable day of his (or her) entire life-experience.
;-)
I can see the advertisement now: Are you bored? Do you want a thrilling and thoroughly life-changing experience? Would you like to be able to forget your own past? Then just physically threaten Erica in front of Ed -- and you wouldn't BELIEVE in the kind of "results" you might get!!! Change is good. So act now, and make today the first day of the rest of your life!
;-)
Ed [a shameless, but recovering, ex-vigilante]
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