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Hyper - Pious - Lex
Throughout the penal ritual, from the preliminary investigation to the sentence and the final effects of the penalty, a domain has been penetrated by objects that not only duplicate, but also dissociate the juridically defined and coded objects. Psychiatric expertise, but also in a more general way criminal anthropology and the repetitive discourse of criminology, find one of their precise functions here: by solemnly inscribing offences in the field of objects susceptible of scientific knowledge, they provide the mechanisms of legal punishment with a justifiable hold not only on offences, but on individuals; not only on what they do, but also on what they are, will be, may be. The additional factor of the offender's soul, which the legal system has laid hold of, is only apparently explanatory and limitative, and is in fact expansionist. During the 150 or 200 years that [states have] been setting up ... new penal systems, the judges have gradually, by means of a process that goes back very far indeed, taken to judging something other than crimes, namely, the 'soul' of the criminal.

Michel Foucault


Hyper - pious - lex
;-) or (-;
Welcome to the Legal Ma$hine!
Your Obligation is Being Determined, Please be Patient.


I the author hereby grant permission to reproduce this essay in whole or any part to anyone at any time for any reason. Strict adherence to this policy would be greatly appreciated. Thank You.

;-) 1996


You find yourself denied liberty and compelled by force of arms to appear and defend yourself against accusations of immorality to the detriment of your collective fellow beings. You're told, the state's court, shall define the terms and limits of your defense. You will be allowed to present only evidence which your accuser, the government, the prosecutor and judge's employer deems appropriate and admissible. All according to it's own voluminous rules, deliberately complex and ambiguous so as to be a never ending subject of dispute and profit. Rules of which you were taught almost nothing but to worship and obey during copious years of compulsory "free" state education, but which you're "presumed" to know. Ignorance of the law is not an admissible defense! The only form of counsel offered or allowed are "lawyers", another dutiful and sworn comrade of the court, who's first allegiance is to the "legal system" and subordinate is the "client". This is tantamount to the State defending you against itself. Just another active agent abetting a corrupt system of privileged theft. This system makes whatever convenient presumptions it requires under the euphemism of "compelling state interest" to further solidify it's sphere of power and subjugation. The "accused" on the other hand is presumed responsible for complete knowledge of any law or laws the government might choose to apply to the particular situation at hand. Linguistic complexity aside; the sheer volume of "legal" data makes the learning task far beyond the capacities of even the most reasoned and absorbent scholars or jurists. To demand such knowledge of a layman, unschooled in law, is the epitome of injustice. All courts of "law" operate strictly upon the premise of brute physical force, a thing is right because the violently aggressive "authorities" say it is right. Malum prohibitum is the defacto law. Never mind that the "authorities" are all present or former "career" servants of some government, with nothing but a hollow assertion of neutrality or impartiality, and the desire to maintain their coveted elitist status. Any supreme maker, arbiter and enforcer of law is basic fraud and extortion under color of law and a naked pretense of justice. A delusional ethos of "assembly line justice" designed to chew up and spit out the poor, weak and defenseless. Those without the financial or intellectual resources to protect themselves. Those who were not fortunate enough to attend law school, but are none the less compelled into this racket, where dishonest manipulators thrive and prosper. Where compromise, favors and collusion are the coins of the realm. Where the years of the unfortunates' lives are horse traded away in back room "plea bargains", and they are sent to be "rehabilitated" or "educated" in government run "crime factories" perpetually. While the more wealthy, intelligent(?), and pliant are enthralled and systematically fleeced of what money or property they are "judged" liable for paying as their "fair" contribution to finance this vicious and arrogant vehicle of plunder. The pernicious "law enforcement" industry cranks out it's predominant perennial products - "criminalized" victims and obedient slaves!

- I tell ya, there oughta be a law! _ ;-) _ or at least a tacit understanding.


Let it be said I gave fair warning that I am at peace with all who are non-aggressive toward me. That no action on my part can be construed as a waiver of any kind, and I expressly reserve the right of self-defense at all times in the spirit of equal freedom for all people and reciprocal behavior. Freedom is defined as "self-control", and I reject the idea that anyone may be delegated the "power" to compel obedience.

Which is worse the desire to command or the will to obey?

peace - just dave


back to: Links2edge



or examine: Mødern Mediæval Justice

Punish & Discipline : The Birth of the Prison
Michel Foucault