Law and Humanity

 I recently wrote about the importance and the use of the Rule of Law. And I am still absolutely committed to the idea that the Rule of Law must be paramount. Not the rule of the strong. Not the rule of the rich. Not the rule of the "elite". The Rule of Law.

And I also want to write about The Rule of Law and Humanity. I believe that Law and Humanity must not just co-exist. They must be intertwined.

So often throughout our history the law did not have any Humanity in it.

For example, in the United States Slavery was legal and people were property that their "masters" could do anything they wanted to. And helping slaves to escape, teaching them how to read, those were illegal.

During Jim Crow time in the United States it was not legal, per say, to lynch Black People. Although it may as well have been. The people who were supposed to enforce the law were on the side of the lynchers. So it may as well have been legal.

During the time of the Nazis in Germany it was legal to treat Jewish people as badly as you wanted both in actual law and unwritten law. Helping Jewish people escape, hide their money and goods, or in any way make their lives a little better was illegal.

In Vietnam there were cases where the soldiers were committing atrocities against civilians, which is against Military and Civil Law, and the person who interfered with these actions, saving lives, and tried to report it was the one who was charged. And in every case that I can find convicted.

Throughout the history of the United States we have always had a discrepancy in how Law is applied. It is never equal. One can only get justice in proportion to the amount of money one has.

So the Law is not always the way of checking Morality that some people seem to think that it is.

Yet, at it's best, the law is the best way to do things.

So where does Humanity come into this?

• Equal Rights Under Law is where it begins. The law Must be applied equally to everyone. Black, White, Asian. Rich, Meh, Poor. Born in the Country or not. Male or Female. Gay or Straight. The Law must be an Equal Measure no matter any and all circumstances of the person before it.
• Public office, Federal, State, County, Local, Soldier, Police, no matter what it is, must be barred to those who have committed crimes.
• Public Officials have no Immunity. Not Partial or Full. None. They must be liable to the same law as everyone else.
• Office must not ever shield one from consequences in any way shape or form. Past or present.
• The Law must be balanced. It can never depend on money, station, race, belief, place of origin, or any other outside circumstances.
• Judges must be free to make sentences that are Just and Fair after consideration of all circumstances. Mandatory Minimum Must Go.
• There must never be a time limit on which one can present new evidence that will allow a fresh look which might exonerate.
• The Death Penalty Must Go. The State must not be allowed to kill.

There is more of course. There is always more.

Law without Humanity is Law based in Fear. In Fear that someone else will get away with something. That those whom I do not like will find a way to do me wrong. Law without Humanity is a whip in a hand disguised as reason.

Law without Humanity divides us into Groups that become Us and Them. We and They. It helps the Powerful to divided us into different camps of Enemies. And then makes it possible to Dehumanize the group that is now Them. The Enemy.

Law without Humanity is what gets twisted into the Legalization of Horrors. Like creating an extra legal army of thugs and putting Legal Immigrants into Concentration Camps. And making them stay in Inhumane Conditions while some of them die.

Law without Humanity is what happens when people cheer other peoples horror and abuse.

We must have the Rule of Law. That is what it takes to have a Modern Civilized Society.

And the Law Must have Humanity.

Or it is just Tyranny.