Tagged: free speech
Law 13: Is the Church of Denmark a religious organization?
Please interpret this.
1/ “As of 1 January 2020, 74.3% of the population of Denmark are members [of the Church of Denmark], though membership is voluntary.” (Wikipedia: Church of Denmark, May 26, 2021)
2/ “Percentage of population who are nonreligious. Denmark: 61%.” (Wikipedia: Irreligion, May 26, 2021)
Is it safe to say that the Church of Denmark is not a religious organization?
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According to the above figures, 39% of Danes have faith while 74.3% of them are voluntary members in the Church of Denmark (Folkekirken). Given that among the 25.7% who are not members of the Church, there are religious persons too (earnest Catholics, Calvinists, Muslims…), the percentage of religious Danes who belong to the Church of Denmark is obviously below half the number of Church of Denmark members (below 37.15% of population), that is, more than half of Folkekirken members do not have faith and probably never had.
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New open letter asks Trudeau to stop plans to harm the internet.
This is the person who claimed that derogatory speech is the same as shouting fire in a crowded theater, the classic SCOTUS (Supreme Court of the United States) example of what derogatory speech is not and can never be. How dare Canadians allow their politicians to talk such humbug when they have had the world’s beacon of liberty as their sole neighbor for more than 250 years? Are they all eyes for Greenland? Yes, it must be that: for the last 250 years Canada has had eyes for Greenland only and now derogatory speech is like shouting fire in a crowded theater in Canada.
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Canada Justice Minister pushes for censorship bill and limited freedoms. David L. said freedoms are not “absolute.”
250 years with the world’s beacon of liberty for sole neighbor and Canadian politicians know no better than telling Canadians freedoms are not absolute – in order to pass censorship bills. How is it possible? How can American First Amendment law exist and spread not like fire over the world? – Because of politicians.
Since the US failed to export its unique free speech spirit abroad, now the country is at risk of losing it at home. The US failed to export it because it has not been a politician’s job to begin with: American free speech law is entirely judge-made. It takes independent judges tenured for life to defend free speech and to prevent elected, corrupt politicians from making it an empty shell.
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Lynching the available person
“French trial opens over anti-Asian Covid tweets.” (RFI in English, March 25, 2021) “Protesters gathered in front of the Paris court, with one man carrying a placard which read ‘In Atlanta or in Paris, no to anti-Asian racism,’ in reference to last week’s mass shooting in the US that killed six Asian women.” “‘My mother has been attacked, my aunt too. Because we are Asian, people think that we have money,’ Darith, a 30-year-old of Chinese-Cambodian descent, told French news agency AFP at the protest in Paris.”
Note the rhetoric. “Protesters” gather against defendants who are facing prison. It’s a lynch mob. (That the defendants are “most likely facing damages if convicted rather than prison” is only because none of them has a criminal record, otherwise the likelihood would be the reverse.) The journalist then quotes one protester, an Asian woman, who talks of relatives having been physically attacked. Why is this woman not protesting in front of the court that judges the attackers instead of protesting in front of a court that judges people for speech? Because there is no trial for the attackers? Most likely because there is no trial and will never be one. It is easy to prosecute people for speech, child’s play, but it makes no difference on people’s safety and only allows governments to conceal facts. The rhetoric consists in slipping in the assumption that prosecuting speech is an efficient way to guarantee people’s safety.
I wish the US exported more of its free speech spirit and less of its mass culture. In fact, as they have not exported the former at all, the risk is now quite serious that they lose this unique spirit.
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L’argument des défenseurs du violeur présumé Roman Polanski, que la victime ou l’une des victimes a retiré sa plainte, est, contrairement à ce qu’ils semblent penser, accablant pour lui : le procureur américain insiste parce qu’il a la preuve de la culpabilité du violeur présumé. Et ces défenseurs ont encore à apprendre qu’une action pénale ne se résout pas par un accord entre parties mais par une condamnation réparatrice du corps social lésé ou par un innocentement en bonne et due forme, un acquittement.
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I shut down my Twitter account in protest against their censorship policy. I then opened a … account and found some are posting the “news” I already read from “white nationalists” twenty years ago: the same black on white crimes. Have they done nothing except posting these couple of crime stories again and again these last twenty years? I can see no future for such people.
My other feeling about … is that half posters are cops in their free time and the other half are cops on duty.
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White Plakkers in South Africa: A Libertarian Issue
We all have heard of the phenomenon of white slum dwellers (aka squatters or, in Afrikaans, plakkers) since the end of apartheid in South Africa. These new white poor are obviously from two categories of people: 1/ private sector employees who were dismissed because of affirmative action policies and 2/ public sector employees, dismissed for the same reason.
Considering (a) the apartheid economy as bureaucratic and (b) any government’s room for affirmative action to be larger in the public sector, a majority of current white plakkers must be the result of dismissals from the public sector, as the new South African economy remains bureaucratic, with new colored staff. It’s not farmers who became plakkers (farmers have trouble of their own with targeted killings meant as intimidation to have them leave the land and make room for land reform) nor entrepreneurs nor highly qualified employees (for a time shielded by their qualifications). Low-qualification jobs in the public sector that were the preserve of white (and preferentially, in the context of Afrikaner nationalism, Afrikaans-speaking) South Africans shifted to blacks.
Expelled from protected niches where their productivity was not, in fact, an issue, these white functionaries had no qualification to market. They were like those people in European countries doing menial jobs in administrations like bringing sparkling water to the director or taking the coat of the minister on his arrival, and in poorer countries opening doors or saluting militarily anybody walking down the corridors. They were trapped while thinking they had made it in life. Even when their position made sense, like cops, when the figures are in excess because of the bureaucratic, subsidized nature of the sector, they cannot all convert to the private security sector; and yesterday’s cop is today’s squatter.
From this I expect racism to be highest, in every country, among low-qualification protected jobs, not because of a lack of education (in fact culture is likely to make one’s racism more articulate if anything) but because of the at the same time coveted and exposed nature of said positions, at the government’s discretion. Governments are pressed to make societies that are more diverse also more equal, which basically requires that more jobs at the government’s hand be reserved for minorities. This is the statistics you need to know in order to assess state racism: Are the people working for the government as diverse as the society? The government may tell you anything about how to fight racism and how it fights it (with hate speech laws etc.), as long as it keeps its jobs disproportionately white, it is racist, make no mistake about it.
(The reader understands I do not know the particulars about plakkers’ past – and perhaps such a survey has not even been carried out – but I laid down my assumptions and believe they are plausible, perhaps with some tilting toward the public sector. Another phenomenon to consider is the massive white qualified workers’ flight from South Africa at the end of apartheid, called chicken run by some, which no doubt caused a slump.)

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I want to make a confession: I burnt books… Well, as I don’t have a fireplace, I dropped them in the trash can anyway. I needed to make room.
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Homosexualization
If the government has the right to want to discourage drugs consumption, then it has the right to want to discourage homosexual conduct, and the discourse vindicating equal rights for homosexuals is an attempt to silence those who hold the view that homosexuality is a choice except for a miniscule minority and that equal rights would therefore cause a risk of homosexualization of the society (like pagan societies of old) – same as the prohibition of drugs which intends to prevent a generalization of drugs consumption, whether this generalization would take place or not. Remember that pornography was first legalized in Denmark in 1969, with the Danish national church (Church of Denmark) approving on the ground that pornography owed its attraction to the prohibition itself – yet people have not turned their back on pornography in spite of its legalization, quite the contrary.
When the discourse of equal rights is adopted by the government, then it is a state-sponsored ideology acting with the aim of prevailing against other ideologies, a breach of state neutrality.
The previous paragraph is a reply to the claim that granting equal rights would put an end to a current breach of state neutrality (in the US). It would not, as it would be a breach of neutrality. (This is not to say the state must remain neutral on the issue, as my thought is that it cannot.)
When the government adopts the equal rights discourse, it is buying one ideology, namely that people engaging in homosexual conduct are not free agents making a choice, as if homosexuality, therefore, were like one’s race. Thus, the government dismisses and actually opposes another ideology according to which those engaging in homosexual conduct thereby make a choice and it is at best a small part of them, resulting from genetic drift, who simply cannot have intercourse with a person of the other sex as a result of their genetic makeup. As we find such conclusions in medical books, I guess it could be possible for medical authorities to issue permits for these, let’s call them genetic-drift homosexuals, so that they would not be discriminated against. But as far as the others are concerned, who in reality are bisexuals, the government deals not with something like race but with a practice which it has the right to want to discourage.
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Second Amendment: A ‘Collective Right’?
The Second Amendment reads: “A well regulated Militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.”
In District of Columbia v. Heller (2008) (which was followed by McDonald v. City of Chicago, 2010, about state and local governments), the Supreme Court ruled that the Amendment protects an individual right against federal encroachments.
Some people had argued that the right was only a “collective right within the context of a militia.” To no one’s surprise the same people call Heller a “very controversial decision.” In fact, there is no possibility that the Amendment be interpreted as they do, even though their opinion would be held by all liberal scholars in the US. There is nothing controversial with Heller and on the contrary these people’s contrived interpretation of the Amendment is outrageous.
What is a militia? A militia is a group of armed persons who get together in order to perform duties that need guns. First you have armed individuals, then, when they get together, a militia. You cannot place the Second Amendment’s right to bear arms inside a militia instead of individuals, that is, in a militia that would not exist before individuals associate and which then would provide them with guns, because then it would not be the militia that provides the guns but the government, which has nothing to do here according to the notion of a militia.
Of two things it would be either one or the other: either the militia would be a mere paper formality for individuals to buy guns (namely, they would have to attest militia membership and as freedom of association is guaranteed it would be a mere formality without substance) or you intend the membership condition to restrict access to guns and that is not possible if you do not curtail freedom of association at the same time, namely if you do not insist on the government controlling militia duties, and then you not only make the right to bear arms dependent on the government but also you suppress militias qua militias (said groups would be something like the standing army or its reserve), but they are “necessary to a free state.” Opponents to an individual right are opponents to the Amendment plain and simple.
Besides, if the right to bear arms were a collective (“collective right within the context of a militia”) instead of an individual right, the individuals forming a militia would be unfamiliar with the use of guns and their association would be a very ineffectual militia. Likewise, a new member joining a militia would be an ineffectual member. In fact, it is hard to imagine how people with no individual right to bear arms would ever think of forming or joining militias; a collective vs individual right would be nothing but an obstacle to forming militias, which, again, are “necessary to a free state.” Arguably this is what is meant by the words “well regulated” of the Amendment: a well-regulated militia needs members who know how to use guns, otherwise it is not a militia, it’s a shooting club.
(The reader understands I am not talking about militias in the sense of the military reserve but about citizen militias, which result both from freedom of association and one’s responsibility to defend oneself. It is even more sinister when one thinks that the advocates of a Second Amendment “collective right,” who made up this contrivance in order to void the Amendment, as they know they cannot repeal it, fancied the right could be limited to a military reserve.)
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Kantian Philosophy
Kant: A Very Short Introduction (2001) by Roger Scruton is a deluge of skepticism. It saddens me that they had a sceptic write a very short introduction on Kant, as if they could not find someone more receptive to Kantian thought to share it with the public.
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There is no “crucial ambiguity” (p. 55) in Kant’s philosophy about the thing-in-itself. That the thing-in-itself cannot “cause, or stand in any other relation to, an appearance” (56) is true and yet the thing-in-itself is the same thing as the appearances, the trial they make (Scruton following) is absurd. Appearances can have no causal or other relation to the thing-in-itself because these categories are only applicable to our experience (appearances), this is precisely what Scruton explained in the previous chapter. So, a lack of category relation is a necessary conclusion. Kant simply says our experience is what our intellect makes of the thing-in-itself. No ambiguity.
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Kant’s philosophy is not dependent on Newton’s works, as if one could discard it because “we know” Newton has been surpassed by later physicists. In fact, Kant explained why physics like all empirical science will always advance while metaphysics can achieve its goal. Philosophers who keep dogging the advances of physics to get the fundamentals of their thinking from it are not philosophers, and my Apologie de l’épistémologie kantienne (PDF available in this blog’s table of contents) is the denunciation of philosophical scientism (which makes philosophy ancillary to empirical results), exploding the so-called philosophies that have been built on such theories as relativity and quantum mechanics, their inconsistent juggling, their “revolutionary” bombast.
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“It is fair to say that the transcendental deduction has never been considered to provide a satisfactory argument.” (46)
I don’t know if it is fair, although I rather understand Kant’s epistemology has got the universal credit it deserves, but I for sure find it satisfactory and the proof being in the pudding it remains, I find, an extraordinarily convenient tool for demolishing everything that has since been trying its feeble teeth at the calf of the giant (as Schopenhauer would say).
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Scruton is a case of Jekyll and Hyde: on practical reason he shows much more patience and understanding. I guess it is because he had no clue about what to think of the transcendental deduction and had to rely on more “proficient” than himself. But as he writes that in the final analysis Kantian practical reason is “common-sense morality,” is it because it is trite that he is patient and comfortable with it?
And the comical touch at the end of the chapter: “Even in our most private and intimate encounters, reason covertly abstracts from the immediate circumstances and reminds us of the moral law.” (94) Reason in the most private and intimate moments abstracts…
First, this clandestine homage to Mrs. Scruton or whomever it might be, is comical. Second, it reminds one, by contrast, of Kierkegaard’s words. It is in a moment of anguish, because man is furthest away from his mind, that man is conceived. Then birth is another moment of unfathomable anguish for the woman and thus a new babe is thrown into this vale of tears.
Kierkegaard adds that only by primitive people is anguish absent at birth. The babe slips out and it’s done. The baby doesn’t even cry (and elsewhere on this blog I have commented Kant’s remark that the babe of man is the only born crying!) I saw it in a documentary film, Africa ama (1971) by Angelo and Alfredo Castiglioni: only after the mother blows in the babe’s nose, evacuating mucus or something, does the baby start crying.
Law 12: The Lunar Breeze Effect Flag
The Lunar Breeze Effect Flag
For full understanding of the following, read section The Latest on Wikipedia’s Moon Landing Hoax Debunking in Law 10.
“Neil, it’s cool you went on the Moon but… a good artistic picture is what matters.”
“One that ties the room together.”
So you take the French Wikipedia version for granted. Yet the English Wikipedia version is different: “The flag was rippled because it had been folded during storage – the ripples could be mistaken for movement in a still photo.” Here there is no word about an intention to tie the room together, the ripples are accidental, they are folds due to storage which turn out to make the flag look as if it were fluttering in the wind.
As if the authors of the English Wikipedia page dared not confess what my interlocutor endorses wholeheartedly. As if, namely, they doubted it was judicious to fake a flag fluttering in the wind in a picture shot on the moon. As if they dared not confess it because of the issue involved in taking people for idiots.

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Crack Hills Have Eyes 2
See Law 11.
Politicians make laws (lawmaker=the legislative power) and they also enforce laws as executive power (from which police take their orders). What my post denounced about Crack Hill is that politicians qua executive power do not enforce the law politicians vote qua legislative power. That is, as taking crack is a criminal offence, politicians qua executive are taking a very light view of the law when they enforce it by distributing pipes and paying hotel rooms to criminals. If this is their idea of the issue, then they must take the initiative of a legislative debate to repeal the law and decriminalize crack consumption, and stop telling people they enforce the law by ignoring it. This is a huge problem, because when executive officials do not want to enforce the law, they don’t bother to have it repealed, they just instruct the services, the admnistration (police etc.) to ignore it, or to do as they please. A crackhead in France may live in a free hotel room with new pipes every Thursday or behind bars, it all depends on the police’s mood. This is not the rule of law.
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Government protectionism of the black market.
Yes, government and police protectionism of the black market, since without police forces the government could do nothing, so the police are always responsible (if only by abiding) whereas one may imagine cases where only police are responsible while the executive authorities know nothing of what is going on.
Now, as my interlocutor compared enforcement of Eighteenth Amendment and the Volstead Act (Prohibition) with the contemporary war on drugs, let me add the following. The same politicians who in France are implementing the brilliant crack plan I have just been talking of, eschewing enforcement of national drug laws, are eager to point at the figures of prison inmates in the U.S. (highest rate of prison inmates per inhabitant in the world, so they say) as a reason why they ought not to follow the same path. In several other, perhaps most European countries, the same discourse can be heard. But these fellows dare not repeal their own national drug laws, and the result of this slighting of the law is that these countries are not rule of law countries anymore. The prison population figure is the price the United States is paying for upholding the rule of law. God Bless America for that. In Europe they are leaving everything at the discretion of the bureaucracy. Whether one will be punished for consuming drugs depends not on the law (which still says they must be punished) but on how they were perceived at some point by some person in the bureaucracy, some cop, who will have them prosecuted in spite of the unwritten rule of bureaucracy saying that those poor devils should be left alone.
The poor devil who did not please the cop will be prosecuted, a judge will hear him and, say we are in France, a country of written law, the judge, although he has heard of the bureaucratic rule, will open the legal code at the page where the article laying down the penalties for consuming drugs lies, and he will condemn the poor devil. (Compared to the functionarial nonentity that a French judge is, American judges are intellectuals.)
This is what European politicians are so proud of – the fact that no one knows what to expect. They revel in a world of arbitrariness.
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Biden supports suppressing online “misinformation,” press secretary says.
Was it on his electoral platform or does he just add it now as an extra?
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Justin Trudeau dismisses critics of internet censorship bill as “tin foil hats.”
The same person explained that derogatory speech is the same as shouting fire in a crowded theater – the classic example in SCOTUS (Supreme Court of the United States) case law that would serve to send his bill to the garbage can.
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Lying
“Free speech” lawyer argues “lying” should be an impeachable offense.
The levels of nincompoopery in academia (“law professor at George Washington University”) are staggering. To think that these people are comfortable talking about truth and lies as they do… They really have got no clue. Let me take an example. Husband and wife want to divorce because it turns out they don’t see things the same way. One issue to settle is who will keep the children. Why is it an issue? Because husband and wife both want to raise the kids according to his or her own views and ideas, according to how he or she sees things. Will you ask a law professor at George Washington University to tell the judge whose ideas are truths and whose are untruths, calling the latter lies, before taking a decision? Nonsense. If an amicus curiae talked like that (within an acceptable margin in the frame of the society – as expressing some ideas, like belief in witchcraft or alien abductions, would probably be detrimental in the case to the party expressing these ideas) he would be dismissed at once, as trying to impose his or her own set of preconceived ideas.
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What I wrote may sound confusing, at least for two kinds of people in America. Some will remember that experts in American courts are experts of the parties, who try to sustain their party’s position, whereas I seem to be talking of experts of the courts, which exist in civil law (as opposed to common law) countries, experts who had rather remain as neutral as possible in order not to fall into disrepute.
Others will remember that in America jury trial is the rule in civil trials and I seem to omit the fact completely. In fact, divorce trials by jury are rare even in the U.S.: « Only a few states allow for any type of jury trial in a divorce case. Even then, those states limit the issues that can go before a jury. For example, Texas, which has the most liberal rules concerning jury trials in divorce cases, is the only state that allows juries to decide which parent gets custody of the children and where the children will live. » (rightlawyers.com) Unless most divorces occur in Texas, the majority of divorced American parents must abide by a decision on who is to keep the children which was not taken by a jury.
Still, if an expert smugly told the judge, like some professor of George Washington University, that the kids cannot be in custody of the father, for instance, because the father voted for Trump and Trump is a liar so you cannot rely on such a one to take care of kids, she would be laughed at or I do not know my judge. Yet she writes books like that, which tells you what a tyrant she must be in her classroom, even if people shrug shoulders at her in most other circumstances.
Now, judges are probably more of an official’s profile than the majority of people, so the fact that divorce trials are not decided by juries is also more likely to be detrimental to parents who hold certain ideas, even not so fringe as belief in alien abductions. I should think a parent known to be a Gab user, for instance, is likely to lose his kids in a divorce court when a divorce is filed. Prove me wrong.
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UK government accused of promoting a “nanny state” with proposed online ban on high calorie food ads.
Is commercial speech speech or rather the polluting of speech? Commercial speech wasn’t protected in the US before the 1970s (Virginia State Pharmacy Board v. Virginia Citizens Consumer Council, 1976). This is the kind of view that makes authoritarian regimes comfortable with their speech suppression systems, as they can say to their people: See, we’re protecting you and your free thinking from the relentless, nauseating pushing by unthinking business whose sole aim is profit. In any case, while the US Supreme Court has found that commercial speech is speech, it does not grant it the same level of protection as non-commercial speech, so the UK policy here described could be implemented in the states too within the law.
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Bonkers About Lèse-Majesté
Prince Harry complains about online “misinformation” calls First Amendment “bonkers.”
Prince Harry: “I’ve got so much I want to say about the First Amendment; I still don’t understand it, but it is bonkers.” No surprise: “In 2013, the Ministry of Justice admitted that the Treason Felony Act 1848 had accidentally been ditched. The 165-year-old law threatens anyone calling for the abolition of the monarchy with life imprisonment.” (The Sun, Oct 20, 2016)
Information about lese-majeste legislation in UK is deceptive: As the headline from The Sun shows, they make all sorts of claims, so much so that nobody can know what the legal situation is. (Call that the rule of law?) On Wikipedia page Lèse-majesté, for UK they write: “The Treason Felony Act of 1848 makes it an offence to advocate for the abolition of the monarchy. Such advocation is punishable by up to life imprisonment under the Act. Though still in the statute book, the law is no longer enforced.” Yet the source for that is a Dec 2013 paper by The Guardian, “Calling for abolition of monarchy is still illegal, UK justice ministry admits,” with subtitle “Department wrongly announced that section of law threatening people with life imprisonment had been repealed.” The government spreads misinformation on the issue. That the law be no longer enforced does not mean it will not be enforced in case someone violates it; only, without proof to the contrary, that nobody dares speak freely on the issue! Except, probably, ‘accredited’ cartoonists trained in the art of sycophancy under the guise of joking, i.e., court jesters.
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As Harry has in his native country a history of blundering (google “Harry the Nazi”), it is relevant to stress that his calling American First Amendment “bonkers” is not one more blunder according to British royalty’s etiquette but on the contrary full compliance with it. The extraordinary sequence of the British government claiming lese-majeste laws void and then retracting, claiming to have repealed them and then denying, is the (one may say comical) confirmation that, deep within, these people see no wrong in punishing speech with life imprisonment. The appalling statute, worse than the classic example of Thai monarchy (where offensive speech about the King is punishable with a maximum of 15 years’ imprisonment, compared to 3 years for the Sultan of Brunei) and whose status is at best uncertain, that is, of which nobody can say it is no longer part of British law because British lawmakers won’t make such a declaration without denying it at once, is among other things what shapes Prince Harry’s animus.
Now, that “Department wrongly announced” the repeal of the lese-majeste law is big lese-majeste, if you ask me, and should be punished with hanging. Because if they have not hanged people there for a while it must be due to some misunderstanding.
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None of Your Business
The US will join the “Christchurch Call” to eliminate extremist content online. (May 2021)
“New Zealand man jailed for 21 months for sharing Christchurch shooting video” (BBC News, June 2019). Making it a crime to share this video amounts to claiming that the government must be the only source of truth. The only source of truth will be at the same time the agency that restricts access to evidence. Under a constitutional regime the government can make no claim to be an exclusive authority as to what the truth is. Hence, by restricting access to evidence it overrides its constitutional function and mocks constitutional liberties.
Here is how the government proceeds. You learn what happened in Christchurch and then the government tells you that, given what happened in Christchurch, they are going to carry out a set of policies that will curtail your fundamental liberties for the sake of peace and order. Then, when a citizen says, “Let’s see what happened in Christchurch” and makes the video of the shooting available online, he’s punished with 21 months imprisonment for inciting violence (or whatever fallacy they used). Thus, what happened in Christchurch is none of your business even though based on this event you are going to lose greatly in terms of freedom, or more simply you are going to lose your freedom. – What happened in Christchurch is the government’s business and you have no right to ask for evidence. “The only source of truth will be at the same time the agency that restricts access to evidence.”
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An Axiom
“Independent judges versus employees of the king. In the common law tradition, judges are fully independent. In the civil law tradition, judges are no more than employees of the king. They are strictly monitored by higher courts, which are in turn monitored in a remarkable extent by the central government.” (Gerrit De Geest, American Law: A Comparative Primer, 2020)
It should be stressed that this describes, as far as the civil law tradition is concerned, police states, because the state is entirely absorbed in the government. The axiom is therefore that civil law countries are police states.
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“the French, with their centuries-long tradition of presenting case law as pure interpretations of codified law.” (De Geest, 2020, p. 64)
Granting it is true of the judicial judge, it is not so with the administrative judge, which has originated much of the administrative law in France, whole parts of which are judge-made (« droit d’origine jurisprudentielle »). – The political cartel is fond of leaving to the judge all lawmaking that crushes individuals under the boot of the police state.
De Geest is excusable, however, from a common law viewpoint, for overlooking that the administrative judge is a judge at all: “Believe it or not, the Conseil d’État, that is, the French supreme court for administrative law, belongs to the executive branch, not the judicial branch!” p. 86) It’s not about believing and joking but about what common law countries do to bring police states to reason.
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“A plea bargain in a criminal case is the equivalent of a settlement in a civil case.” (Gerrit De Geest, American Law: A Comparative Primer, 2020, p. 70)
No. Plea bargaining is a modality of prosecution, not its eschewing. It has nothing to do with the debate on compulsory prosecution vs. principle of opportunity, and by the way De Geest wrongly associates compulsory prosecution with the civil law tradition; in major civil law countries such as France, Germany, the Netherlands, Sweden, the principle of opportunity obtains.

