Rule of Law - Updated w/ links

This post was prompted by an entry in my good buddy ultraguy's blog

Dan 6:1-28 It pleased Darius to set over the kingdom an hundred and twenty princes, which should be over the whole kingdom; (2) And over these three presidents; of whom Daniel was first: that the princes might give accounts unto them, and the king should have no damage. (3) Then this Daniel was preferred above the presidents and princes, because an excellent spirit was in him; and the king thought to set him over the whole realm. (4) Then the presidents and princes sought to find occasion against Daniel concerning the kingdom; but they could find none occasion nor fault; forasmuch as he was faithful, neither was there any error or fault found in him. (5) Then said these men, We shall not find any occasion against this Daniel, except we find it against him concerning the law of his God.

What we see happening here is similar to what is now being reported and shown in our court system. We have people looking to define new crimes which will then be selectively enforced.

(6) Then these presidents and princes assembled together to the king, and said thus unto him, King Darius, live for ever. (7) All the presidents of the kingdom, the governors, and the princes, the counsellors, and the captains, have consulted together to establish a royal statute, and to make a firm decree, that whosoever shall ask a petition of any God or man for thirty days, save of thee, O king, he shall be cast into the den of lions. (8) Now, O king, establish the decree, and sign the writing, that it be not changed, according to the law of the Medes and Persians, which altereth not. (9) Wherefore king Darius signed the writing and the decree. (10) Now when Daniel knew that the writing was signed, he went into his house; and his windows being open in his chamber toward Jerusalem, he kneeled upon his knees three times a day, and prayed, and gave thanks before his God, as he did aforetime.

That's about as targeted as some modern laws that I've seen. The amazing thing to most people is that Daniel refuses to take the obvious out, not praying for 30 days, but determines to honor G-d by continuing his lifelong practice.

(11) Then these men assembled, and found Daniel praying and making supplication before his God. (12) Then they came near, and spake before the king concerning the king's decree; Hast thou not signed a decree, that every man that shall ask a petition of any God or man within thirty days, save of thee, O king, shall be cast into the den of lions? The king answered and said, The thing is true, according to the law of the Medes and Persians, which altereth not. (13) Then answered they and said before the king, That Daniel, which is of the children of the captivity of Judah, regardeth not thee, O king, nor the decree that thou hast signed, but maketh his petition three times a day. (14) Then the king, when he heard these words, was sore displeased with himself, and set his heart on Daniel to deliver him: and he laboured till the going down of the sun to deliver him. (15) Then these men assembled unto the king, and said unto the king, Know, O king, that the law of the Medes and Persians is, That no decree nor statute which the king establisheth may be changed. (16) Then the king commanded, and they brought Daniel, and cast him into the den of lions. Now the king spake and said unto Daniel, Thy God whom thou servest continually, he will deliver thee. (17) And a stone was brought, and laid upon the mouth of the den; and the king sealed it with his own signet, and with the signet of his lords; that the purpose might not be changed concerning Daniel.

(18) Then the king went to his palace, and passed the night fasting: neither were instruments of musick brought before him: and his sleep went from him. (19) Then the king arose very early in the morning, and went in haste unto the den of lions. (20) And when he came to the den, he cried with a lamentable voice unto Daniel: and the king spake and said to Daniel, O Daniel, servant of the living God, is thy God, whom thou servest continually, able to deliver thee from the lions? (21) Then said Daniel unto the king, O king, live for ever. (22) My God hath sent his angel, and hath shut the lions' mouths, that they have not hurt me: forasmuch as before him innocency was found in me; and also before thee, O king, have I done no hurt. (23) Then was the king exceeding glad for him, and commanded that they should take Daniel up out of the den. So Daniel was taken up out of the den, and no manner of hurt was found upon him, because he believed in his God. (24) And the king commanded, and they brought those men which had accused Daniel, and they cast them into the den of lions, them, their children, and their wives; and the lions had the mastery of them, and brake all their bones in pieces or ever they came at the bottom of the den.

(25) Then king Darius wrote unto all people, nations, and languages, that dwell in all the earth; Peace be multiplied unto you. (26) I make a decree, That in every dominion of my kingdom men tremble and fear before the God of Daniel: for he is the living God, and stedfast for ever, and his kingdom that which shall not be destroyed, and his dominion shall be even unto the end. (27) He delivereth and rescueth, and he worketh signs and wonders in heaven and in earth, who hath delivered Daniel from the power of the lions. (28) So this Daniel prospered in the reign of Darius, and in the reign of Cyrus the Persian.

The problem is at least as old as Babylon. Nebuchadnezzar could change law like, changing socks. Darius, was slowed by the use of written laws which were unchangeable. Revocation took a new decree, and a record of all was left for posterity.

The idea of republics comes from the publicly accessible record of laws passed. The Latin phrase res publica which translates as the public thing, contracted over time in to the English word republic

It has been taught in the past that one of the things that made the European nations powerful was the rule of law. The particular ascendancy of the English speaking peoples may have come from the 'common law.' English common law goes back at least to 1215 and the Magna Carta


Persian Law

Accepted English Meaning

Pharisees, Politics and Power

I've been reading Richard Foster's Classic "Celebration of Discipline." I had an interesting moment when I noticed the following. --
Speaking of the Pharisees --"One factor, however was central to their righteousness: externalism. Their righteousness consisted in control over externals, often including the manipulation of others."
They also had an annoying tendency to put burdens on others that they did not take up themselves.

As I read this I wondered where have I seen this before, and it occurred to me that the source of the legislative control coming from our government is not ideological but spiritual. By succumbing to the same impulse that leads us toward religious legalism, a sense that with the right laws we can curb behavior with a minimum of personal analysis and thought, also gives us laws that attempt to regulate things that resist regulation.

Jesus, had this to say about the Pharisees --
Mat 23:13-17 But woe unto you, scribes and Pharisees, hypocrites! for ye shut up the kingdom of heaven against men: for ye neither go in yourselves, neither suffer ye them that are entering to go in. (14) Woe unto you, scribes and Pharisees, hypocrites! for ye devour widows' houses, and for a pretence make long prayer: therefore ye shall receive the greater damnation. (15) Woe unto you, scribes and Pharisees, hypocrites! for ye compass sea and land to make one proselyte, and when he is made, ye make him twofold more the child of hell than yourselves. (16) Woe unto you, ye blind guides, which say, Whosoever shall swear by the temple, it is nothing; but whosoever shall swear by the gold of the temple, he is a debtor! (17) Ye fools and blind: for whether is greater, the gold, or the temple that sanctifieth the gold?

A Short History of Group Think

I started looking at the phenomenon of group think today. One of the sparks was a post by my good buddy Ultra Guy on his blog new wineskins. It seemed to me that a salient point in his argument was the decimation of the German Theoretical physics community during the 1920's and early 1930's as the tide of antisemitism drove some of the leading physicists out of Germany.
The term groupthink was coined in the early by William H. Whyte:

Groupthink being a coinage—and, admittedly, a loaded one—a working definition is in order. We are not talking about mere instinctive conformity—it is, after all, a perennial failing of mankind. What we are talking about is a rationalized conformity—an open, articulate philosophy which holds that group values are not only expedient but right and good as well.

Ultimately group think is about defending unexamined assumptions about things. As Galileo discovered with his Dialogue Concerning the Two Chief World Systems, Challenging the reigning world view can be hazardous to your life. In 2008 the Church completed the rehabilitation of Galileo Galilei a process begun some 300 years after declaring him a heretic.

In our own era state sponsored and organized group think rose to new levels in Germany and the USSR. The German version, Gleichschaltung was particularly invidious and the name in German calls forth images of a system like a Gyro compass with, repeaters dutifully following the master compass. The Soviet flavor, Lysenkoism, had devastating effects throughout Soviet Society and Science. The essential core of Lysenkoism was the doctrine that acquired traits were inheritable. While the concept was not new to Lysenko, having been epressed by such worthies as Buffon, Lamarck, and giving it a patina of respectability Aristotle.

The current manifestation of group think trumping the scientific method are the conjoined triplets of liberal elitism - The Population Bomb, The Coming Ice Age, and Anthropogenic Global Warming. In each case the operating principle is the same. All research that supports the group position is loudly proclaimed, contrary research is suppressed. In the next phase research funding is filtered through a combination of peer reviewed publications ensuring that reports match the desired outcome. Funding from all sources is then based on previous publication and probability of the research being publishable in a peer reviewed publication. In the last phase, to show even handedness, contrarian research is requested and then heavily redacted to ensure that even the dissenters support the core thesis.

The final nail in the coffin and the result that proves "Mark Twain, was right when he said; "It ain't what you don't know that gets you into trouble. It's what you know for sure that just ain't so." The recently released Index of Environmental Indicators, you owe it to yourself to see just how much we know about our environment that isn't so. The 70 page report also shows the progression towards impotence of most attempts to actually do something about a problem degenerate into. That one fact alone should give hope to all the AGW deniers around the globe.

An Idea as Old as the Hills .... of Rome (Athens) ....

Some days it seems like certain ideas rather than being relegated to the scrap heap of history to be destroyed for ever are instead plucked from the heap and recycled without modification. Price controls are one of them. I found while browsing Google Books, several interesting volumes on the history of price controls.
The earliest citations are for Imperial Rome, under Diocletian, and an earlier version during one or another of the wars of Greek history. Price controls seem to have some constant features:

1. The price of some commodity, usually but not always a staple grain begins to rise.
2. As the price increase pinches more people, and pinches harder, our ever alert Politicians seek to curry favor from the populace.

After some head scratching they usually come up with some variation on - our core constituency is being adversely affected by the increasing cost of X.

Posted in honor of the Punitive Tariff imposed on Chinese steel.

Epiphany: The High Cost of Convienience

The last time I visited my doctor, she wasn't very happy with me, not only was I way over weight, but a lot of the other numbers that are indicators of health were out of whack HDL/LDL Cholesterol -- Sorry Mr. V.... that is unacceptable; A1C -- Sorry Mr. V... that is unacceptable; ..... She wanted me to get at least 30 minutes of exercise every day, and to watch what I was eating.

Being somewhat obsessive compulsive and in WWII British Slang a King Boffin (roughly translated into leet as an Uber Geek) I started a spreadsheet to track what I was putting into my body.

I'm about a month into the project now and I have made some interesting observations; none are of themselves earth shattering or new, but the aggregate is at least for me, very insightful.

1. It hasn't been hard for me to keep the total calories under control.
2. It is somewhat harder to keep the balance of total calories / calories from fat in the correct range, 20 - 40%
   
3. It has been nearly impossible to keep the Sodium intake at or below 2500mg
4. Convenience foods aren't.
5. Oatmeal is your friend.

Some of these observations - particullarly number 4 seem to have application in other areas of life.

Information -- It is tempting to just get everything from CNN, FOX, MSNBC .... unfortunately that means giving control over what you see to someone you don't know and who doesn't know you. Worse yet many of the decisions that they make are based not on news value but on whether or not the sponsors make money during the breaks. The good news for us is that thanks to the internet there are lots of links to real time information that is either unfiltered or filtered by folks who tell you what their major filtering system is.

Health Care -- The convenience of health insurance is nice, but again you are giving control over what is done to some faceless bureau, doesn't matter whether it is a private insurance provider or your state / federal medicare bureau. Seems like their primary goal is the reduction of expense. As an example a friend of mine has been waiting for a month to get a bone growth stimulator to help heal a broken bone. The stimulator is covered by the insurance company, but has been held up for a month, by internal red tape. That shouldn't happen.

Government Benefits -- With few, perhaps no, exceptions the cost of any beneficial program sponsored, controled, or other wise manipulated by the government is not worth the cost. On my exception list:

1. Health Care for Veterans -- Falls under the category of providing for the common defense. Our veterans, since the end of the Draft, have voluntarily given their time, lives and in some cases blood for the national defense. Paying for the treatment of their health problems is a bill that we assumed when they began to serve. Military service has been shown to have some unique long term health risks, one of which is a higher risk of developing diabetes.
2. Education for Veterans -- See above. For amplification look at the post WWII boom in industry and science. Extra credit - search the education background of the movers and shakers in America from the mid 50's to the early 80's.

Or in a non-governmental area:
Economy of Scale -- The idea that bigger is always better.

1. Peanuts are just the latest example of how ecconomy of scale is a two edged sword. While it made it possible for a large number of people to get their peanut products cheaply, it also expedited the movement of salmonela bacteria. Peanuts are just the latest in a continuing chaing of supply chain problems. Past examples include spinach contaminated withE-coli, beef and poultry products contaminated with E-coli.
2. It's cheaper to send the operation overseas -- Yes, but we have seen some production line go overseas to be run by people who do not share our values, laws or sense of honor. Experience has shown that it it possible to get good work done overseas, but it is not a simple task. If anything the requirement for good oversight of foreign operations is higher. Failure to inspect carefully leads to lead based paint, phenol contaminated food products, and other ills.
   

Busman's Holiday II

Quick update, I'm now at my SIL's place. It is in Western NY, but just barely, a few miles south is PA and Maybe an hour west is PA again. North eventually becomes Canada.

Turns out that her computer has been a little slow, and needed some TLC as well as the removal of a really bad infestation of trojans and other viruses. Specifically some really nasty stuff from the vitumonde family of trojans. I've butted heads with virtumonde before and ended up walking away both bowed and bloody. Did a bit better this time. Lucky for me the folks at Major Geeks have worked out a method for killing off virtumonde. The link will take you straight to their page on cleaning your computer.

Tomorrow is more of the same at my MIL's place where I'm setting up a printer, and a dial up account for the in-laws.

Power, Vacuum, Piracy

Jdg 17:6 In those days there was no king in Israel, but every man did that which was right in his own eyes.

1Pe 2:13-14 Submit yourselves to every ordinance of man for the Lord's sake: whether it be to the king, as supreme; (14) Or unto governors, as unto them that are sent by him for the punishment of evildoers, and for the praise of them that do well.

A major function of government is the punishment of crime. One of the things that emerges from a careful study of history is the discovery that evildoers naturally gravitate to places where governments have difficulty employing their power. In the early 1700's one of the places where governments had trouble exercising power was the Caribbean. In that time the major European powers were not only involved in a series of wars including the War of the Spanish Succession. Fought to preserve the European status quo, by preventing the unification of France and Spain. One of the consequences was the increase in Piracy in the Caribbean.
Spain could only with difficulty provide any protection for its shipping, principally by convoy. The English authorized Privateers with Letters of Marque and Reprisal. The number of Privateers acted to provide cover for the outright pirates.

In our era, we have seen the dangers of regions with week or nonexistent governments. A short and incomplete list would include Lebanon, Somalia, Yemen, Afghanistan and Post Sadam Iraq. That doesn't include governments which for strategic and tactical reasons have supported, trained or encouraged terrorism as a means of furthering their goals. The history of Al Qaeda provides one example of how vacuums of power were exploited.

As we have seen in the news recently, there has been an increase in Piracy in East Africa. One of the nodes is Somalia which since the mid-1970's Somalia has been divided by civil wars and currently has a weak government with a very limited ability to suppress piracy. Meanwhile in the best tradition of piracy men who are seeking power influence and money are engaging in piracy. Peter Leeson of George Mason University has examined some of the economic elements of Piracy.(1)

The same vacuum of power that permits Piracy to flourish at the margins of governmental power, also provides a favorable climate for Terrorism.

(1) http://www.peterleeson.com/Pirational_Choice.pdf