Tuesday, September 29, 2020

The Latter Days Of The Law

 In the great Japanese War epic Heike Monogatari which memorializes the Gempei War (1181-115), one of the unknown author's reasons for this catastrophe befallen the Heian Culture (and ultimately its downfall) is that this was part of the time referred to as Mappo, The Latter Days of the Law, a period following the death of the Buddha which would be an age of conflict and disruption.  When the great raids and counter raids occurred and the great capital, Heian-kyo, burned, and the Tenno (Emperor) was exchanged and counter marched all over known Japan at that time, it was no mystery why all of it was happening:  it was the Latter Days of the Law, of course.  How else could anything else happen?

I am no Buddhist of course to comment on such things, but as point of context I do note one additional clarification on this point is "Quarrels and disputes will arise among the adherents to my teachings, and the Pure Law will become obscured and lost"

There are, as you might suspect from the opening of this, days where I feel like we have truly entered a sort of "Latter Day of The Law" period.

What is Law?  In its most simple definition (Thanks Merriam-Webster!) it is "A binding custom or practice of a community, a rule of conduct or action prescribed or formally recognized as binding or enforced by a controlling authority."  So - unlike how we often seems to us it here is the West where we only define a thing in one way- it can be as simple as a custom which we all follow (for example, once upon time entering churches in silence instead of chatting on one's phone) or as complex as a law formally passed by a legislative body with enforcement penalties, from something as relatively benign as a Home Owners Association to the Nation-State's assembly.

I could, I suppose, point out various incidents and events over the past year to date which would give rise to the fact that on the whole, we have come to consider the law as something more of a suggestion rather than a binding or enforced custom or rule of conduct; we have courses of action which are now openly followed which are denoted as illegal.  But to list the specific actions is to freeze this post in time, and that is not my intent.  The reality is that flouting of law has undoubtedly occurred since laws were first put in place.

What I would argue is different - now so more than ever - is the sense that of these definitions - custom, practice, rule of conduct, action - is considered to be very much a personal choice, to be adhered to or excluded as one feels the right.

Western Political Thought, in a broad generalization, has supported the concept of the individual as enjoying an inherent level of rights and freedom (most potently enshrined in the American idea that rights come from God, not the government).  But inherent in the practice is also the understanding that individuals live in groups and as such, must agree to and live under and respect - the most important word here - a certain level of common understanding and practice (read law) for society to function.

Without a respect for the law, that sense that I (often generally speaking0 understand which behaviors are accepted and legal versus unaccepted and illegal, societies eventually cannot function.  They cannot have economies, they cannot have associations, they cannot have everything that we consider the mark of a civilization.  They are subject to the whim of social movements, the preferences of petty tyrants, the movement of the stars.  Those societies which ignore the concept of the law are bound, ultimately, to collapse into incoherence and every sort of bad and evil behavior which arises from the concept that in the absence of the law, Only Might Makes Right.

It strikes me as unfortunate that the individuals leading this charge cannot fully see where this ends - or perhaps they in fact believe they know where it ends while in fact they seldom do; history suggest revolutionaries and rabble-rouses are often consumed by the very movements they begin, whether by those more extreme than themselves or by those who believe that some sort of stability is better than none at all and are willing to endorse terrible actions to bring things to an even keel.

At those moments, it would seem we had entered The Latter Day of the Law indeed.

10 comments:

  1. For me, the hard part is determining when society has changed enough to make a law no longer acceptable. For example, I married a person of another race, something that would have been illegal in many states 70 years ago but is now acceptable not just legally but morally by most. Many did so when it was still illegal and considered immoral by many. Society didn't collapse and eventually grew to accept it.

    The world and society have always changed and will continue to do so, including laws. I have always thought that what makes our constitution and nation great is that we have the ability to recognize that fact and change our interpretations of the constitution with it.

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    1. Perhaps it depends on the nature of the law Ed. An alternative is example on a non-personal level is the fact that the exercise of violent actions in pursuit of a particular point of view is now seen by certain localities as an acceptable form of protest up to and including the destruction of property. The law clearly laws out penalties for this, but these localities have chosen to hold the right to arrest and prosecute in abeyance.

      Personally I would argue that the destruction of property and violence is either completely illegal or completely justifiable (e.g., we enter the world of warlords and personal protection by force). By localities choosing to enforce portions of the law for certain circumstances, I feel they only accomplish destroying the importance of the law for all.

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    2. Yours will be a fascinating case to watch, Ed. Without getting into the rights and wrongs of victim politics and groups like BLM... there currently exists a clear and defined line between the various victim groups. They say that blacks are oppressed. Whites are the oppressor. Special treatment and reparations must be discussed. Fair enough:

      What about the people that are mixed race? Are they oppressed, or oppressive? At what point do they become defined by their race? When they are 25% black? 50%? And who decides? And where do the other special interest victim classes rank? Who enforces new race relations?

      Life will not not be merely interesting for some folks in awhile... it will be downright fascinating...

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  2. We live in the Ridiculous Age where “truth is relative”. (For now) you can believe your rights come from God, and your laws come from the men that founded your nation. For Tyrone and Laquisha - they can believe you and your ancestors are racist, owe them a living (plus reparations for enslaving their ancestors), and that whites are what’s wrong with the world. Caitlin and Karen can believe that a man in a dress is a woman, that homosexuality is a beautiful alternative lifestyle, and that there are 52 genders. Reality itself is unfit to dictate what we choose to believe. Without common beliefs, morals and ethics...there can be no common law. I see an historical inflection point in the offing, a lot of this lunacy will be swept away. You can’t run a country like this.

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    1. Hmm. "Common Law". A peculiarly British and American term. Agreed that if law is not accepted as common, then societies ultimately have no basis for cohesion and thus, survival.

      I wonder if everyone who is trying so hard to rend the law into their own version of it appreciates this.

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    2. I would say generally they don’t.

      If you watch our rulers, they will enact laws or legal proceedings to thwart or their political enemies. When elections come and go and the players change... those same guys are shocked and horrified when their own laws are used against them by the new leaders.

      There is a wonderful quote out there that will soon be buzz phrase:

      “Reality is that which remains, even when you refuse to believe in it...”

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    3. Or, as Rand put it, "You can choose your actions, but you cannot choose the consequences of your actions."

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  3. Ever since illegal aliens clogged our freeways yelling "SI SE PUEDE!!!" ("YES YOU CAN!!!") and our previous president agreed, things have been going downhill, gathering velocity. The "peaceful protests" of "BLM" are nothing more or less than an upshift. The fact is plain; in ANY society, if the law exists for one, it must exist for all. If it doesn't exist for all, then it exists for none. My view is that we're entering into the latter, with the "law-abiding" in our society thinking "If the powers that be won't stop this, then we'll have to do it ourselves." ...Nothing short of a societal collapse can be expected thereafter...

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    1. Pete, I suppose that is the crux of the matter: either the law applies to all or it applies to none. And if it applies to none, then it is up for the individual or self determined groups to do it. One calls to mind some of the local communities in Mexico who, when the Federales would not provide enforcement against the Narco Syndicates, started doing it themselves. This will be the outcome. And my fear is no one currently acting lawlessly sees this as a possibility because of their implicit belief that the law will apply to others, not to them.

      When the Social Contract breaks down, it completely collapses. There are no middling measures.

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