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Latter Days

The Bitch!

OUR POPULAR WEEKLY NEWS REVIEW COLUMN

 

 

 

THE PURPOSE OF LAW AND ITS RELATIONSHIP TO ORDER!

 

Well Darlings,

I don't think anyone would disagree with the statement: we must have law and order, would they? However how should those laws be observed? Should we obey them strictly to the letter, or simply use them with a lot of common sense as general guidelines? And which of these two ways is likely to produce the best order for society?

With this Labour government creating a record number of laws during its term in office, most of us will have grown up in a time when there were far fewer laws. I know I did, and although there were not so many laws then there was far more law and order in the sense we like to see it. Today laws have become cheapened, almost worthless, because so many of them have been brought in as knee-jerk reactions by the government to various situations - a new law within a matter of days has been their answer to every problem, but has never worked - and others, far too many of them, have simply been born out of a desire to be authoritarian whilst at the same time raising a lot of revenue. Both of these ways have been employed with little regard to the long term effects.

In my younger years we respected the laws, though we may not always have obeyed them to the letter. As lads and lasses we could often be found drinking underage in the local pub, and some with their families from being only fourteen years old. Of course we all knew it was against the law, everyone knew it - especially the landlord, but it was an accepted way of life which did not produce the gangs of drunken hoodlums we see on our streets today.

Because it was against the law but, with that blind eye turned to it, a lifestyle almost permitted where even the local bobby on the beat would be polite enough to give us time to escape by loudly announcing his presence whenever he popped in, as they used to in those days, it was something we all respected. And were we ever in any danger of having one too many, the pub's older clientele only had to give us an annoyed look and we reined in. There was no way we were going to lose this privilege of showing just how "grown up" we were by behaving badly.

Technically the law was being broken here - but in reality it was working far better than it does today. Observed in this manner it encouraged a way of life that was beneficial to society as a whole. Living in respect of the law, but being allowed to quietly ignore it occasionally without being persecuted, ensured those that did so learned how to behave in an acceptable manner and were, unlike today, rarely any trouble.

Today, with countless officials checking on our every move in the hope of extracting revenue out of us for the slightest infringement of a rule or regulation, few people still live in respect of our laws, authority, or any rules and regulations. The result is the less than desirable society we suffer where the law has become something to be laughed at in a game of us against those in authority.

Whilst this modern idea of disregarding common sense and interpreting the law according to the letter to raise revenue will not have stopped one single crime, it has created a society where now a whole section of it do not in the slightest way attempt to conform, and will often go to great lengths not to do so. Where as kids we got our kicks out of being grown up by daringly but responsibly drinking underage in a pub, today they get theirs by teaming up and shocking everyone with their drunken behaviour and vandalism on the streets - and frequently worse as many recent deaths have shown.

Strangely those in authority have not learned anything from history. This being authoritarian and punitive has all been done before, and many, many times around the world. With it comes a natural resistance that grows in strength. The game we play with them today is the war we shall fight with them tomorrow, and though it has sometimes taken a while in the end that war has never been won by the oppressor, those in authority, with many of them often coming to a rather nasty end. Do we really have to go down this path here in the UK? Do we not consider ourselves too civilised for that?

Once we were, but I fear it may not be so any longer. Being civilised is fast going by the way. It requires having a high state of culture and development, both social and technological, which is marked by a refinement in taste and manners. Well, at least we have the technology - albeit now sometimes lagging behind Hungary! However we cannot consider a downtrodden and persecuted people to be in any high state of culture and development, can we?

Where does being civilised come into penalising people simply because they have more rubbish to dispose of, even after recycling correctly, than will fit into the forced on them wheelie bin? Can you see it in having paid snoopers patrolling our streets armed with tape measures in the hope of finding a car parked an inch too far from the kerb so they may issue a fixed penalty charge? How about the more than a hundred officials who now have a legal right of entry to your abode and, it seems, a million more other similar impositions forced upon us these past eleven years? Are they a refinement in taste and manners or a sign of a high state of development? Civilised? No, they are not. Turning the population into mere pawns to be owned, manipulated and penalised at will is not the sign of a civilised society. Far from it.

Maybe there is still time to save the day by utilising some common sense - if only an inkling of that could be recognised or learned by those in authority - I do not know. But I do know that replacing our police with large armies of private snoopers, and trying to set up neighbour to spy upon neighbour in the pursuit of control, authoritarian power, and massive revenue gathering is not the direction in which we should be heading. It can only end in tears.

What kind of a society are we living in when people can be given a fixed penalty by some bod employed by the local authority with no means whatsoever to protest or prove their innocence in law, and where should they not pay up they are heavily fined - not for the actual offence but for failing to pay the penalty? This is not justice.

When a citizen can be found guilty on the say so of someone they possibly wouldn't even trust to mow their lawn - and we've all seen officials like that on our streets lately, haven't we? - and they have no legal redress at all, it can be neither fair nor right. And it is certainly not the once accepted British way of doing things. But that is how far law and order has degenerated in this country today. In such a society, I for one cannot and do not blame any of the growing number of people who refuse to live according to it.

Yes we must have law and order, and rules and regulations are needed. However few of them other than those concerning serious offences require interpreting exactly to the letter - common sense works better, and all of them do need to be fair by allowing those who are accused of an offence the right to a means of proving their innocence BEFORE any judgement is made.

In a civilised society we ask before taking something, it is a part of the criteria: a refinement in taste and manners. So if we were still a civilised society should we not have been asked before having a long-standing basic Human Right taken away from us? I do not recall being asked, do you? Ei incumbit probatio qui dicit, non qui negat - the burden of proof rests on who asserts, not on who denies - is a right the people of this country have held and treasured for centuries, however today in many matters concerning our local councils it is a right we no longer hold.

That is not only sad, it may yet prove to be a tragedy.

“The Bitch!” 4/09/08.
 

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http://www.astabgay.com attached to the article. On past form this column can sometimes be extremely controversial therefore it must be accepted as a condition that neither the author nor AstaBGay shall be held liable for any losses or damages incurred by those who choose to reproduce these articles on their web sites.

Unless otherwise stated permission is granted to reproduce "The Bitch!" column in any newspaper or magazine but only in its entirety and with the acknowledgement that "The Bitch!" writes for AstaBGay at http://www.astabgay.com attached to the article. For newspaper and magazine publications worldwide it is a condition of this permission that it is accepted the articles are written to be in accordance with UK law and that they have been chosen by the publication reproducing them and have not been submitted to that publication by the author nor by AstaBGay and therefore should any part of any article reproduced contravene any national or local law the liability for that contravention shall remain solely with the publisher choosing to reproduce the article.

The Bitch! regrets that because of the sheer volume of e-mails received it is often impossible to reply to them all. However, they are appreciated, and all do get read.

 


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