[lbo-talk] another brick in that neolib wall

[Miles Jackson]

Wendy Lyon wrote:

> The analogy is flawed and you've made the same error in your second
> paragraph.  None of what we've been discussing concerns beliefs or
> principles.  These are cases where the law has been violated, and
> those whose responsibility it is to punish lawbreakers can't or won't
> do it, so others take this responsibility into their own hands. You're 
> portraying it as some attempt at civil disobedience, when in
> fact it is an attempt (however misguided) as restoring order in the
> community.

Here's the essential aspect of the analogy:

"X believes that an injustice has occurred, so she is justified in 
deciding who is guilty and what the penalty should be".  Whether we're 
talking about a rape victim or an anti-abortion nutcase, the analogy is 
apt: If they "take the law into their own hands" they are themselves 
breaking the law.  By your logic of having the right to punish 
lawbreakers without the intervention of the legal system, then, I am 
justified in personally meting out justice to the rape victim who "takes 
the law into her own hands".  After all, I'm just trying to restore 
social order in the community!

If the irrelevant aspect of the legality of the initial act bugs you, 
that's not crucial to the argument.  Consider Bush's NSA wiretapping.  
As a response to clearly illegal conduct, Bush decides to break the law 
in order to bring the evil-doers to justice.  By your logic, this is 
perfectly justifiable and appropriate behavior.  If you disagree with 
Bush's position, then (a) you don't really believe that people should 
take the law into their own hands or (b) you're reserving this privilege 
for people who think like you do.

The reason why I'm hammering this point is simple: without the rule of 
law, most of us on LBO would be fucked.  Agitators, pinko commies, 
Marxist profs--they're a threat to social order!  Lock em up!  We don't 
need evidence, court trials, juries--we've got to maintain social 
order!  Yeah, it's fun to think about the Mafia guy clipping a rapist, 
but the logic that Wendy defends in this thread is an ideological tool 
that benefits the wealthy and powerful.

Miles