A nouveau extremist school of thoughtlessness, a twisted perverse reverse legal positivism, maybe best called legal negativism (the reversal of thousands of years of legal evolution, the destruction of law itself), lexit, the misrule of law, is emerging, keeping up the spirit of Stalinist show trials reproduced cheaply on the other extreme of the former iron curtain.
Some contemporary British Tories seem to wish to take the United Kingdom out from the Council of Europe and its human rights provisions which the British Conservative Sir Winston Churchill among others had brought about originally. By doing so the Tories would take the UK to join Belarus and Russia as the only European countries outside the Council of Europe and its human rights (a step closer to Tory party major funders). The proposed so-called bill of rights is of course to deny not only immigrants their human rights but native British people alike, an act of dehumanising. The next logical step then will be to repeal the abolition of slavery.
Whether native or foreigner, if someone commits a serious crime or does anything else wrong, they should face the consequences, and the authorities should penalise them according to due process of law, with a proportionate punishment which does not infringe other rights unreasonably. It is wrong for politicians and others to imply that only foreigners commit crimes and that human rights laws prevent punishing criminals when the cause is the authorities own inefficiency, incompetence and lack of resources provided by politicians for law and order as politicians are too greedily filling their own pockets with taxpayers money to leave much anything for law enforcement.
As H. L. Mencken wrote in The Baltimore Sun (26 July 1920):
As democracy is perfected, the office [of president] represents, more and more closely, the inner soul of the people. We move towards a lofty ideal. On some great and glorious day the plain folks of the land will reach their heart’s desire at last, and the White House will be adorned by a downright moron.
If downright morons are to be appointed as judges, not least the US Supreme Court, the nouveau supreme kangaroo court (no offense meant to real kangaroos, Macropodidae), then the doctrine of the separation of powers seems to become obsolete, and it might be best to just save a little taxpayers money (to be given direct to politicians and big business) and abolish all courts, justice and the law altogether and let the guns rule in the nouveau trigger-happy wild wild west - the obvious preference of politicians and big business, the vulgar profiteering international crime network of upstarts, the supreme sovereign mafia.
Judges are meant to play their part in upholding the rule of law and deliver justice, maintaining a Constitutional balance of power by keeping the executive in its place.
Yet as any lawyer who has appeared before judges for even just a few years, let alone over a couple of decades, can tell you, surprisingly many judges are arrogant (like Judge Moron Bum), knowingly biased, bigoted, self-important pompous asses (equus assassinus legis), some barely literate, some as dim as the gavel, with which they hit the final nails in the coffins of those unfortunate to have their and their childrens' lives decided by them, also of course nailing the coffin of justice - Grim Reapers delivering the dead hand of process. These 'judges' read, interpret and apply the law like the Devil reads the Bible. With judges like this, there is no need for criminals. Many an innocent or honest litigant is not as lucky as the Winslow Boy.
L'Étranger, the stranger or outsider of Camus, is now frequently disbelieved because of being foreign (in direct and knowing breach of case law) in UK immigration courts.
Considering that the justice system had a long history of hanging and flogging, it is not exactly surprising that it is still authoritarian - judge, jury and executioner!
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Modern judges get away unlike Sisamnes who, according to Herodotus' Histories, was a corrupt judge during the reign of Cambyses II of Persia who sentenced him to be flayed alive. Cambyses then appointed Otanes, the son of the condemned Sisamnes, as his father's judicial successor. In order to remind Otanes what happens to corrupt judges and not forget the importance of judicial integrity, Cambyses ordered that the new judge's chair be draped in the leather strips made from the skin of the flayed Sisamnes.
Jonathan Sumption however apparently says that no judge ever is biased. Maybe he represents with such a view the qualities of the Bar and Bench.
Dumb as the boot of the left leg, like the extreme left and the extreme right have more in common with each other than the moderate middle ground, extreme legal negativism seems to have more in common with extreme legal positivism, both selectively relying rigidly on the black-letter law when it suits their purposes to crush the vulnerable or poor to maintain their own wealth while knowingly ignoring any laws that aim at justice and equality. Their close relative is the penny-pinching petty bureaucrat with his or her capital(ist) enforcement of the black-letter law without any compassion or justice.
Judicial appointments are of course little different from all other appointments in all other areas of work all over the world. They have more to do with who you know than what you know. Power corrupts even judges, it seems, judgeitis. All larger institutions seem to be inherently corrupt to slightly varying extent, be it the judiciary, political parties, big business, trade unions, educational institutions and even some religious organisations...
Indeed it is not only the contemporary right-wing European governments who deny foreigners and migrants human dignity, treating them as mere cannon fodder or slaves to preserve their own greed and wealth. Contemporary left-wing governments, nouveau Bolsheviks, neo national socialists and neo-Stalinists in Greece and Spain, for example, consider it perfectly acceptable to use force including lethal force to stop migrants entering Europe. How dare foreigners seek to share the stolen goods of Western wealth when they are meant to keep working in sweatshops as slaves to maintain the wealth of the rich Western countries, including the downright morons of voters.
The Spanish government is even prepared to abandon human rights in Western Sahara for the sake of trying (without even much success) to keep a migrant or two out, and the EU is following the same irrational and evil logic in Libya and Tunisia, funding oppression and undemocratic dictatorship to keep non-white migrants away from Europe, the outsourcing of oppression overseas. Sic transit gloria mundi!
Meanwhile adding to their legal logic (if any), squatters are afforded the most generous legal protection by the left-wing governments in Spain at the expense of ordinary property owners while the governments fail to resolve the problems causing squatting, for example, by not providing adequate social housing.
One of the various curious misconceptions is that left wing people who are sympathetic to immigrants do not seem to realise how right wing and traditionalist and religious many of the immigrants they purport to support are. A contrario, many right wing people hostile to immigrants do not seem to realise how similar in opinions the immigrants they strongly oppose are and how little they agree with their fellow natives who often are quite left wing. This is inevitably a generalisation but one that shows how out of touch, pretensions, dishonest or simplistic people can be both on the left as the right.
One profoundly evil English immigration judge was allowed to sit as a judge in Nottingham, the nouveau Sheriff of Nottingham, for decades intimidating witnesses, sending people to their deaths overseas and ruining the lives of families including children, until he could not hold back his real self anymore than make an openly racist remark in open court after which finally he ceased to hear cases (hopefully also ceasing to be paid his fat salary by the taxpayer) - a fine specimen of the homicidal and genocidal mass-murdering judges that exists at times in the UK and Western immigration courts and indeed all over the world.
The law being an ass, as the barrister Charles Dickens wrote, the judges get away with it. The case of Jarndyce v. Jarndyce seems to have now reached the US Supreme Court.
Like Abba signs - even if not maybe very often seen to sum a the judicial system not least in the area of immigration law, not to mention judges and other decision makers ditching the bitch called Justice (emphasis added):
I don't wanna talk
About things we've gone through
Though it's hurting me
Now it's history
I've played all my cards
And that's what you've done too
Nothing more to say
No more ace to play
The winner takes it all
The loser's standing small
Beside the victory
That's her destiny
I was in your arms
Thinking I belonged there
I figured it made sense
Building me a fence
Building me a home
Thinking I'd be strong there
But I was a fool
Playing by the rules
The gods may throw a dice
Their minds as cold as ice
And someone way down here
Loses someone dear
The winner takes it all (takes it all)
The loser has to fall (has to fall)
It's simple and it's plain (it's so plain)
Why should I complain? (Why complain?)
But tell me, does she kiss
Like I used to kiss you?
Does it feel the same
When she calls your name?
Somewhere deep inside
You must know I miss you
But what can I say?
Rules must be obeyed
The judges will decide (will decide)
The likes of me abide (me abide)
Spectators of the show (of the show)
Always staying low (staying low)
The game is on again (on again)
A lover or a friend (or a friend)
A big thing or a small (big or small)
The winner takes it all (takes it all)
I don't wanna talk
If it makes you feel sad
And I understand
You've come to shake my hand
I apologize
If it makes you feel bad
Seeing me so tense
No self-confidence
But you see
The winner takes it all
The winner takes it all
So the winner takes it all
And the loser has to fall
Throw the dice, cold as ice
Way down here, someone dear
Takes it all, has to fall
And it's plain, why complain?
After being unfaithful to Justice, how does the kiss of Injustice feel? Justice or just ice?
Like Lemar signs (emphasis added):
I can't believe you'd be deceived
Changing memories from truth to fantasy
When there's nothing left but tears
And there's not much justice in the world
Just because he's wrapped around your finger
Don't fool yourself with dreams that might appear
If in time you'll stop and trust your feelings
The truth is out there somewhere
It's blowing in the wind
Unlike politicians, for judges there are at least some formal competence requirements, however ineffective. Electing judges all but reduces them to politicians. With judges like that, who needs politicians?
That is not to say that there are no good judges. Like with the rest of humanity there are some rare fine individuals. Like one old legal principle says, exceptio probat regulam, the exception proves the rule.
The best compliments come from the worst critic (if you cannot join them, beat them). For all the judicial shortcomings however, with robotic civil servants, politicians and big business being even worse than the average judge, the courts are at least sometimes still the only way to get justice for many vulnerable people.
