Sunday, February 24, 2008

On Law And Order

Karl Marx (the Prussian philosopher, political economist, and revolutionary) once said (meaning of):

"Law in itself is not fair or balanced. It is an interpretation of the majority (capitalists or workers). That majority constitutes laws per their views and perceptions, which in turn... law enforcers just apply. Then, where is the fairness of it?".

That argument was referred to by German officers during their trials as War Criminals after World War II.
Their argument is that they were following orders from their superiors (even though orders were unethical). The Officers were only following the law!


WWII German Officers on Trail - Nurnberg

Counter arguments (by prosecution) during the trials were built on the issue of "NOT" following orders when they are unethical or unfair.

The thing is, conscience is a person's choice, if everyone was left with the liberty of taking decisions per his conscience alone, then no one would apply the law as it is stated!
And that in turn, would be a revolution against any law out there!

-- From Mohammad Hassanein Hekal's book "The Explosion".

Mood: Hmmm...interesting

4 comments:

Jade said...

"if everyone was left with the liberty of taking decisions per his conscious alone..."

How True.

Fadfadation said...

Yes, it is an interesting point of view.

insomniac said...

this is a very interesting topic that i think has to be discussed with regard to case by case because contingency plays a big role in it :)

Shimaa Gamal said...

Really interesting, and another reason to be a Karl Marx fan.
If you watched "El Gezeera" movie, you will find a refrence to that idea too.
Whoever is in power enforces his rules and call them law. Law isn't right and outlaws aren't necessairly wrong. It is a question of power. He who can enforce his beliefs, rules.