The Nature of Law

I'm trying to set a personal record for number of blog posts in a year, so naturally I need some filler. Consider this filler.

Unfortunately, we live in a rather chaotic, undirected, and frequently capricious universe. Adding to this misfortune, human beings sometimes mimic this capriciousness rather immaculately. We often find ourselves observing events which can only be described as tragic or disastrous. Being unable to control nature or alter natural law, we consign ourselves to the fact that natural disasters will always occur despite our greatest philosophical objections. However, we have significantly more control over the failings of humans and thus, with no gods to save us, we bind our brothers down with man-made laws to prevent catastrophic events.

As a result, when tragedy strikes and the media makes it a thriving part of the national consciousness, throngs of mouths emerge from the crowd calling for new legislation which will prevent an act of this nature from occurring again (Be wary of these people as almost exclusively they speak purely from emotional shock or in fact seek power for themselves) . The majority of the population inevitably comes to agree with or apathetically accept the need for legislation. This long introduction leads me to my short point.

People envision the law as a divine shield. The Congress erects it carefully through legislation before handing its use over the the Executive. The Executive then faithfully hoists it between the innocent and the ravager. They rarely envision a problem with new legislation. The more shields we possess, the better protected we will all be. The passing years simply give us opportunity to search and search for the additional shields we need to protect ourselves.

They fail to see that the law is a sword. The law is force, raw and naked. The law is destruction. Sometimes circumstances necessitate the use of the sword, but we must not delude ourselves and equivocate regarding its true nature. It's a power instrument. We must be exceedingly careful in its construction and ever vigilant in watching those who wield it. Occasionally, we must melt down some when the numbers become too great. Laws should be enacted under only the most dire situations. When you call for laws, you call for hangmen. We must be certain that we really need the hangman.

Shields do exist. Societies forge shields. Education creates shields. Only institutions such as these can peacefully prevent violence. Laws may only strike out at those who commit it, begetting more violence in their wake.

(As an editor's note, while the author remains highly critical of governmental institutions of law and believes that private law systems would be far more efficient, the above critique is aimed at law in all its manifestations.)