The following is excerpted from SIMPLE SOLUTIONS for Humanity:
HISTORY OF CRIME
Human nature being what it is, if there were no formalized social controls, the law of the jungle would take over. There are some, though, who believe that a civilized society is by nature honest and good, and Chapter 5 on religion will further discuss whether a Supreme Being is necessary for a crime-less future.
In any case, we are not mature as a civilization to enjoy utopia, so crime enforcement is necessary and defined by law, which somewhat differs and changes among cultures over time. Some form of government must be the operating element to impose order, carry out adjudication and punishment, and administer a penal system.
The Sumerians 4000 years ago had written criminal laws. A couple of centuries later, Hammurabi, ruler of Babylon, became known for his code of 282 entries, where “an eye for an eye” governed. Later, Roman and Teutonic laws formalized a court system and provided for compensation. Behind all this was the notion to maintain peace among clans and states. The position of the government came into prominence in England after the Romans left, thus the common law was born. Thomas Aquinas wrote about the natural law theory, to wit, it is morally appropriate to coerce citizens to conform to any morally acceptable law.
Napoleon codified Roman law. Forty-nine states use English common law. Louisiana follows Napoleonic Law. At one point in my graduate career at Louisiana State University, I contemplated switching to law, but, after taking two courses, decided that this odd system might not be ideal for Hawaii. English law is based on court precedent, that is, the ruling of a judge can limit, if not control, a judge in a subsequent case. The Code of Napoleon takes the citizen law approach, that is, allow for the judge to interpret the legislated laws.
Our judicial system, to put it mildly, seems to be imperfect. How can we convict and jail a reasonably good citizen and model homemaker, Martha Stewart, and release so obvious a murderer as O. J. Simpson and child abuser, Michael Jackson? This is all the more ironic, because blacks are traditionally stereotyped by law enforcement agencies as guilty. Or, what frustrates the common citizen: how can a car thief be convicted a fifty times and still steal another vehicle? A solution will be offered, but, first, let us look at where it is safe, and not.
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The Dow Jones Industrials dropped 232 points to 9034. Will it drop to 8000 or lower? Companies are consolidating or downsizing. Unemployment is rising. Crude oil dropped a dollar to $71.18. The Dated Brent Spot is $66.77/barrel.
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Tropical Storm Omar is headed to oblivion. There are a couple of minor tropical cyclones in the Indian Ocean, one just above Le Reunion Island.
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