- Feb 12, 2007
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The foundation of common law includes both knowledge of and intent to break a law. These are key to ensure a proper Rule of Law in a free society. Those who wish to put The People under the yoke over serfdom have destroyed this foundation with regulations and laws that are now so vast and unknowable that No One Is Innocent.
The bureaucrat can find something on someone if that person is not sufficiently compliant. And the NSA is making this much more easier...and now we have the IRS/DHS/EPA etc. Orcs on the loose to make sure everyone gets the message.
Sauron couldn't improve on such a design to Rule Them All.
I broke the law yesterday and again today and I will probably break the law tomorrow. Dont mistake me, I have done nothing wrong. I dont even know what laws I have broken. Nevertheless, I am reasonably confident that I have broken some laws, rules, or regulations recently because its hard for anyone to live today without breaking the law. Doubt me? Have you ever thrown out some junk mail that came to your house but was addressed to someone else? Thats a violation of federal law punishable by up to 5 years in prison.
Harvey Silverglate argues that a typical American commits three felonies a day. I think that number is too high but it is easy to violate the law without intent or knowledge. Most crimes used to be based on the common law and ancient understandings of wrong (murder, assault, theft and so on) but today there are thousands of federal criminal laws that bear no relation to common law or common understanding. The WSJ illustrates:
Last September (2011), retired race-car champion Bobby Unser told a congressional hearing about his 1996 misdemeanor conviction for accidentally driving a snowmobile onto protected federal land, violating the Wilderness Act, while lost in a snowstorm. Though the judge gave him only a $75 fine, the 77-year-old racing legend got a criminal record.
Mr. Unser says he was charged after he went to authorities for help finding his abandoned snowmobile. The criminal doesnt usually call the police for help, he says....
No One is Innocent
The bureaucrat can find something on someone if that person is not sufficiently compliant. And the NSA is making this much more easier...and now we have the IRS/DHS/EPA etc. Orcs on the loose to make sure everyone gets the message.
Sauron couldn't improve on such a design to Rule Them All.
I broke the law yesterday and again today and I will probably break the law tomorrow. Dont mistake me, I have done nothing wrong. I dont even know what laws I have broken. Nevertheless, I am reasonably confident that I have broken some laws, rules, or regulations recently because its hard for anyone to live today without breaking the law. Doubt me? Have you ever thrown out some junk mail that came to your house but was addressed to someone else? Thats a violation of federal law punishable by up to 5 years in prison.
Harvey Silverglate argues that a typical American commits three felonies a day. I think that number is too high but it is easy to violate the law without intent or knowledge. Most crimes used to be based on the common law and ancient understandings of wrong (murder, assault, theft and so on) but today there are thousands of federal criminal laws that bear no relation to common law or common understanding. The WSJ illustrates:
Last September (2011), retired race-car champion Bobby Unser told a congressional hearing about his 1996 misdemeanor conviction for accidentally driving a snowmobile onto protected federal land, violating the Wilderness Act, while lost in a snowstorm. Though the judge gave him only a $75 fine, the 77-year-old racing legend got a criminal record.
Mr. Unser says he was charged after he went to authorities for help finding his abandoned snowmobile. The criminal doesnt usually call the police for help, he says....
No One is Innocent
