Judicial System Quotes

Two Catholics who have never met can nevertheless go together on crusade or pool funds to build a hospital because they both believe that God was incarnated in human flesh and allowed Himself to be crucified to redeem our sins. States are rooted in common national myths. Two Serbs who have never met might risk their lives to save one another because both believe in the existence of the Serbian nation, the Serbian homeland and the Serbian flag. Judicial systems are rooted in common legal myths. Two lawyers who have never met can nevertheless combine efforts to defend a complete stranger because they both believe in the existence of laws, justice, human rights – and the money paid out in fees. Yet none of these things exists outside the stories that people invent and tell one another. There are no gods in the universe, no nations, no money, no human rights, no laws, and no justice outside the common imagination of human beings.

Never judge someone's character based on the words of another. Instead, study the motives behind the words of the person casting the bad judgment. An honest woman can sell tangerines all day and remain a good person until she dies, but there will always be naysayers who will try to convince you otherwise. Perhaps this woman did not give them something for free, or at a discount. Perhaps too, that she refused to stand with them when they were wrong — or just stood up for something she felt was right. And also, it could be that some bitter women are envious of her, or that she rejected the advances of some very proud men. Always trust your heart. If the Creator stood before a million men with the light of a million lamps, only a few would truly see him because truth is already alive in their hearts. Truth can only be seen by those with truth in them. He who does not have Truth in his heart, will always be blind to her.

A woman cannot be herself in the society of the present day, which is an exclusively masculine society, with laws framed by men and with judicial system that judges feminine conduct from a masculine point of view.

The court is the bureaucracy of the law. If you bureaucratise popular justice then you give it the form of a court.

When people can get away with crimes just because they are wealthy or have the right connections, the scales are tipped against fairness and equality. The weight of corruption then becomes so heavy that it creates a dent that forces the world to become slanted, so much so — that justice just slips off.

It's characteristic of this judicial system that a man is condemned not only when he's innocent but also in ignorance.

I realize that what happened in Bosnia could happen anywhere in the world, particularly in places that are diverse and have a history of conflict. It only takes bad leadership for a country to go up in flames, for people of different ethnicity, color, or religion to kill each other as if they had nothing in common whatsoever. Having a democratic constitution, laws that secure human rights, police that maintain order, a judicial system, and freedom of speech don't ultimately guarantee long lasting peace. If greedy or bloodthirsty leaders come to power, it can all go down. It happened to us. It can happen to you.

If we want truth and justice to rule our global village, there must be no hypocrisy. If there is no truth, then there will be no equality. No equality, no justice. No justice, no peace. No peace, no love. No love, only darkness.

What are they going to do about it?" "So far? Get drunk. Yell at each other or at us. Design theoretical judicial systems. Most of them seem to want the whole thing to just go away sot hey can get on with their research." Murtry chuckled. "God bless the eggheads.

Dear Police: You can't protect me and be scared of me.

Judicial activists are nothing short of radicals in robes--contemptuous of the rule of law, subverting the Constitution at will, and using their public trust to impose their policy preferences on society. In fact, no radical political movement has been more effective in undermining our system of government than the judiciary. And with each Supreme Court term, we hold our collective breath hoping the justices will do no further damage, knowing full well they will disappoint. Such is the nature of judicial tyranny.

How did Homo sapiens manage to cross this critical threshold, eventually founding cities comprising tens of thousands of inhabitants and empires ruling hundreds of millions? The secret was probably the appearance of fiction. Large numbers of strangers can cooperate successfully by believing in common myths. Any large-scale human cooperation – whether a modern state, a medieval church, an ancient city or an archaic tribe – is rooted in common myths that exist only in people’s collective imagination. Churches are rooted in common religious myths. Two Catholics who have never met can nevertheless go together on crusade or pool funds to build a hospital because they both believe that God was incarnated in human flesh and allowed Himself to be crucified to redeem our sins. States are rooted in common national myths. Two Serbs who have never met might risk their lives to save one another because both believe in the existence of the Serbian nation, the Serbian homeland and the Serbian flag. Judicial systems are rooted in common legal myths. Two lawyers who have never met can nevertheless combine efforts to defend a complete stranger because they both believe in the existence of laws, justice, human rights – and the money paid out in fees.

And everything was made of paper: sentences, pardons, pleas, bad records, demerits, proof of guilt, but never, it seemed, proof of innocence. If there were no paper, Carter felt, the entire judicial system would collapse and disappear.

A jury is always a more orthodox body than any defendant brought before it; for blacks it is usually a whiter group, for poor people, a more prosperous group... Another lesson about the justice system: the way the judge charges the jury inevitably pushes them one way or the other, limits their independent judgment.

Heaven is the only place where prayers are not made.

The legal and judicial system view substance use as a criminal matter; while the mental health system has been fighting for generations to change that particular perspective.

There is hardly any political question in the United States that sooner or later does not turn into a judicial question. From that, the obligation that the parties find in their daily polemics to borrow ideas and language from the judicial system. Since most public men are or have formerly been jurists, they make the habits and the turn of ideas that belong to jurists pass into the handling of public affairs. The jury ends up by familiarizing all classes with them. Thus, judicial language becomes, in a way, the common language; so the spirit of the jurist, born inside the schools and courtrooms, spreads little by little beyond their confines; it infiltrates all of society, so to speak; it descends to the lowest ranks, and the entire people finishes by acquiring a part of the habits and tastes of the magistrate.

It is confidence in the men and women who administer the judicial system that is the true backbone of the rule of law. Time will one day heal the wound to that confidence that will be inflicted by today's decision [in Bush v. Gore]. One thing, however, is certain. Although we may never know with complete certainty the identity of the winner of this year's Presidential election, the identity of the loser is pellucidly clear. It is the Nation's confidence in the judge as an impartial guardian of the rule of law.

1900, the South’s judicial system had been wholly reconfigured to make one of its primary purposes the coercion of African Americans to comply with the social customs and labor demands of whites. It was not coincidental that 1901 also marked the final full disenfranchisement of nearly all blacks throughout the South. Sentences were handed down by provincial judges, local mayors, and justices of the peace—often men in the employ of the white business owners who relied on the forced labor produced by the judgments.

My short time on death row revealed that there was something missing in the way we treat people in our judicial system, that maybe we judge some people unfairly. The more I reflected on the experience, the more I recognized that I had been struggling my whole life with the question of how and why people are judged unfairly.

Exclusion [of evidence] exacts a heavy toll on both the judicial system and society at large. It almost always requires courts to ignore reliable, trustworthy evidence bearing on guilt or innocence. And its bottom-line effect, in many cases, is to suppress the truth and set the criminal loose in the community without punishment. [internal citations omitted]

Normalize not believing everything you hear. Normalize fact checking.

judicial system has no tradition of researching the effectiveness of its punishments.

This led to a lessening of confidence in the judicial system. Justice, it seemed, was available only to those who could pay enough to secure a ‘right verdict

The Saudi judicial system looks as if it were designed by Ghengis Khan. Saudi Arabia tops the world in public beheadings.

A judicial system is corrupt if truth is denied the right to be a witness.

I love our judicial system; It's where Trump's fanciful delusions go to die.

Judicial systems are rooted in common legal myths.

...it's in the nature of this judicial system that one is condemned not only in innocence but also in ignorance.

Isn’t Santa just a stand in for the society that has locked them up for formative years? Something that watches and judges, telling them that they got what they deserved based on their behavior? Surely they have to have noticed that Saint Nick, like the judicial system itself, tends to look more favorably upon rich children. He is fat, white, past middle age, and holds all the cards.

The whole affair exposed a darkly hilarious truth: the NBA and its stars felt duty-bound to criticize America’s president and judicial system but considered it beyond the pale to criticize China’s.

The truth is that, despite all this, a black man was elected president of the United States: the ultimate advancement, and thus the ultimate affront. Perhaps not surprisingly, voting rights were severely curtailed, the federal government was shut down, and more than once the Office of the President was shockingly, openly, and publicly disrespected by other elected officials. And as the judicial system in state after state turned free those who had decided a neighborhood’s “safety” meant killing first and asking questions later, a very real warning was sent that black lives don’t matter.

Excesses of eloquence do not afflict exclusively a judicial system in process of being established; even more conspicuously, they afflict an already established democracy that has not yet discovered its moral goals.

Regardless of the fact Denker was a sadistic killer, and not an innocent man. The judicial system seemed designed to keep those killers alive for as long as possible, regardless of evidence, or the hurt it caused the victims’ families—

I had lived through four revolutions on three continents. Whether in Iran, West Africa, or Haiti, all shared common characteristics, and all taught me lessons about dictators and authoritarians and their hunger to consolidate power and obtain, or at least convey legitimacy. That quest for legitimacy played out in a host of ways. One was the desire to manipulate, control, or discredit media. A relentless distortion of reality numbs a country’s populace to outrage and weakens its ability to discern truth from fiction. Another way dictators sought to secure power and legitimacy was by co-opting the power of the state, its military, law enforcement, and judicial systems, to carry out personal goals and vendettas rather than the nation’s needs. Still, another was by undermining dissent, questioning the validity of opposition, and refusing to honor public will, up to and including threatening or preventing the peaceful transfer of power.

I have the documents. Documents, proof, evidence, photograph, signature. One day you raise your right hand and you are American. They give you an American Pass port. The United States of America. Somewhere someone has taken my identity and replaced it with their photograph. The other one. Their signature their seals. Their own image. And you learn the executive branch the legislative branch and the third. Justice. Judicial branch. It makes the difference The rest is past.

Look, dude, you've sampled your life, mixed those sounds with a funk precedent, and established a sixteen-bar system of government for the entire rhythm nation. Set the Dj up as the executive, the legislative, and judicial branches. I mean, after listening to your beat, anything I've heard on the pop radio in the last five years feels like a violation of my civil rights.

For most of the last thirty years the judicial system has been fairly consistent: once they leave your body, you do not own your tissue, organs, or bodily fluids or any of the revenue they might generate for a biotech company, a university, or anyone else.

A country devoid of natural resources, but which enjoys, a fair judicial system and a free government is likely to receive a high credit. As such, it may be able to raise enough cheap capital to support a good education system and a flourishing high-tech economy.

Empires are synonymous with centralized—if occasionally schismatized—hierarchical power structures in which influence is restricted to an economically privileged class retaining its advantages through—usually—a judicious use of oppression and skilled manipulation of both the society’s information dissemination systems and its lesser—as a rule nominally independent—power systems. In short, it’s all about dominance.

At the heart of the American paradigm is the perception that law and its agents . . . police officers, correctional officers, attorneys and judges . . . are color-blind and thus justice is impartial, objective and seeks la verdad (the truth). But, la realidad (reality) differs.

A country devoid of natural resources, but which enjoys peace, a fair judicial system and a free government is likely to receive a high credit rating. As such, it may be able to raise enough cheap capital to support a good education system and foster a flourishing high-tech industry.

country devoid of natural resources, but which enjoys peace, a fair judicial system and a free government is likely to receive a high credit rating. As such, it may be able to raise enough cheap capital to support a good education system and foster a flourishing high-tech industry. The

What’s the use of an admirable form of government if political parties and moneyed interests control it? What’s the use of our judicial system, if judges only quote precedents and ignore first principles? What’s the use of a Supreme Court if it’s swayed by the political winds of the hour?

One morning last week He gave me an assignment: for one day I was to go on a "fast" from criticism. I was not to criticize anybody about anything. Into my mind crowded all the usual objections, "But then what happens to value judgments? You yourself, Lord, spoke of 'righteous judgment.' How could society operate without standards and limits?" All such resistance was brushed aside, "Just obey Me without questioning: an absolute fast on any critical judgments for this day." ...Barbed comments about certain world leaders were suppressed. In our talkative family no one seemed to notice. Bemused, I noticed that my comments were not missed. The federal government, the judicial system, and the institutional church could somehow get along without my penetrating observations. ...That afternoon, a specific, positive vision for this life was dropped into my mind with God's unmistakable hallmark on it-joy. Ideas began to flow in a way I had not experienced in years. My critical nature had not corrected a single one of the multitudinous things I found fault with. What it had done was stifle my creativity-in prayer, in relationships, perhaps even in writing-ideas that He wanted to give me.

No doubt the odds are against dissenters in any nation’s judicial system. But human beings are not machines, and however powerful the pressure to conform, they sometimes are so moved by what they see as injustice that they dare to declare their independence. In that historical possibility lies hope.

Equal justice is forgotten in our current judicial system. Wealth, power, and prestige protect the ruling class. The counterfeiters, the warmongers, and the thieves who steal from the treasury go free. Our prisons are filled will nonviolent drug users and disproportionately by minorities and the poor.

After an injunction had been judicially intimated to me by this Holy Office, to the effect that I must altogether abandon the false opinion that the sun is the center of the world and immovable, and that the earth is not the center of the world, and moves, and that I must not hold, defend, or teach in any way whatsoever, verbally or in writing, the said false doctrine, and after it had been notified to me that the said doctrine was contrary to Holy Scripture — I wrote and printed a book in which I discuss this new doctrine already condemned, and adduce arguments of great cogency in its favor, without presenting any solution of these, and for this reason I have been pronounced by the Holy Office to be vehemently suspected of heresy, that is to say, of having held and believed that the Sun is the center of the world and immovable, and that the earth is not the center and moves: Therefore, desiring to remove from the minds of your Eminences, and of all faithful Christians, this vehement suspicion, justly conceived against me, with sincere heart and unfeigned faith I abjure, curse, and detest the aforesaid errors and heresies, and generally every other error, heresy, and sect whatsoever contrary to the said Holy Church, and I swear that in the future I will never again say or assert, verbally or in writing, anything that might furnish occasion for a similar suspicion regarding me; but that should I know any heretic, or person suspected of heresy, I will denounce him to this Holy Office, or to the Inquisitor or Ordinary of the place where I may be. Further, I swear and promise to fulfill and observe in their integrity all penances that have been, or that shall be, imposed upon me by this Holy Office. And, in the event of my contravening, any of these my promises and oaths, I submit myself to all the pains and penalties imposed and promulgated in the sacred canons and other constitutions, general and particular, against such delinquents.

The beauty of Islamic System is that in contrast to the current international judicial systems, it involves the victims or their heirs in the process of deciding the quantum of the punishment. The responsibility of the court is to examine the charges, decide the nature of the crime and the involvement of the accused persons and then announce the Maximum Permissible Punishment available under Islamic law. Following that, it is the right of the victims or their heirs to either allow the maximum punishment or to reduce or pardon it, in return or not of an adequate compensation, to be decided through mutual understanding.

Modern governments actually spend relatively little on programs and systems that benefit all citizens, such as national defense or the judicial system; mainly they are concerned with infringing on the property rights of one (less politically powerful) group of citizens for the benefit of another (more politically powerful) group.

An ambiguous law is a dangerous one because it allows for the concept to be misused, neglected or worse, weaponised.

The unconstitutional attitude that supports and influences matters of policies; certainly, eliminates the neutrality and stability of social, judicial, and governmental systems.

One morning last week He gave me an assignment: for one day I was to go on a "fast" from criticism. I was not to criticize anybody about anything. Into my mind crowded all the usual objections, "But then what happens to value judgments? You yourself, Lord, spoke of 'righteous judgment.' How could society operate without standards and limits?" All such resistance was brushed aside, "Just obey Me without questioning: an absolute fast on any critical judgments for this day." ...Barbed comments about certain world leaders were suppressed. In our talkative family no one seemed to notice. Bemused, I noticed that my comments were not missed. The federal government, the judicial system, and the institutional church could somehow get along without my penetrating observations. ...That afternoon, a specific, positive vision for this life was dropped into my mind with God's unmistakable hallmark on it-joy. Ideas began to flow in a way I had not experienced in years. My critical nature had not corrected a single one of the multitudinous things I found fault with. What it had done was stifle my creativity-in prayer, in relationships, perhaps even in writing-ideas that He wanted to give me.

Continued reliance on preemption analysis suppresses judicial attention to the discrimination and equality concerns that should be motivating courts' consideration of subfederal immigration regulations.

It’d be impossible to change the American judicial system much, especially the criminal justice system. There’s just too much money involved now, too many special interests. Policy makers are bought by lobbyists, and the next thing you know, more and more people are going to jail, and more and more jails are being built. The parole and probation systems are huge rackets, the court costs and fees are out of control. It’s a mess.

What about a judicial branch?” “No lawyers, Ben. We don’t have time for that nonsense either. The justice system we have in place is fair. We’re not going to start hanging people, if that’s what you’re worried about.

it was clear that true freedom meant not just the ability to vote or choose one’s own political representatives, but the ability to build one’s own schools, to have accessible health care and jobs, to have clean air and water and energy in the control of the communities that utilize them. Of course, true freedom and independence also includes a free and fair judicial system, with responsible and accountable policing, fair legal process, and reasoned judgment and sentencing.

Since most law-abiding citizens had no contact with the parole system, it was not a priority with the state legislatures. And since most of the state's prisoners were either poor or black, and unable to use the system to their advantage, it was easy to hit them with harsh sentences and keep them locked up. But for an inmate with a few connections and some cash, the parole system was a marvelous labyrinth of contradictory laws that allowed the Parole Board to pass out favors.

Judicial systems are rooted in common legal myths. Two lawyers who have never met can nevertheless combine efforts to defend a complete stranger because they both believe in the existence of laws, justice, human rights – and the money paid out in fees. Yet none of these things exists outside the stories that people invent and tell one another. There are no gods in the universe, no nations, no money, no human rights, no laws, and no justice outside the common imagination of human beings.

How exactly did the Dutch win the trust of the financial system? Firstly, they were sticklers about repaying their loans on time and in full, making the extension of credit less risky for lenders. Secondly, their country’s judicial system enjoyed independence and protected private rights – in particular private property rights. Capital trickles away from dictatorial states that fail to defend private individuals and their property. Instead, it flows into states upholding the rule of law and private property. Imagine that you are the

It always helps to have the referees on your side. Modern states possess various agencies with the authority to investigate and punish wrongdoing by both public officials and private citizens. These include the judicial system, law enforcement bodies, and intelligence, tax, and regulatory agencies. In democracies, such institutions are designed to serve as neutral arbiters. For would-be authoritarians, therefore, judicial and law enforcement agencies pose both a challenge and an opportunity. If they remain independent, they might expose and punish government abuse. It is a referee’s job, after all, to prevent cheating. But if these agencies are controlled by loyalists, they could serve a would-be dictator’s aims, shielding the government from investigation and criminal prosecutions that could lead to its removal from power. The president may break the law, threaten citizens’ rights, and even violate the constitution without having to worry that such abuse will be investigated or censured. With the courts packed and law enforcement authorities brought to heel, governments can act with impunity.

At the same time, a huge gulf is opening between the tenets of liberal humanism and the latest findings of the life sciences, a gulf we cannot ignore much longer. Our liberal political and judicial systems are founded on the belief that every individual has a sacred inner nature, indivisible and immutable, which gives meaning to the world, and which is the source of all ethical and political authority. This is a reincarnation of the traditional Christian belief in a free and eternal soul that resides within each individual. Yet over the last 200 years, the life sciences have thoroughly undermined this belief. Scientists studying the inner workings of the human organism have found no soul there. They increasingly argue that human behaviour is determined by hormones, genes and synapses, rather than by free will – the same forces that determine the behaviour of chimpanzees, wolves, and ants. Our judicial and political systems largely try to sweep such inconvenient discoveries under the carpet. But in all frankness, how long can we maintain the wall separating the department of biology from the departments of law and political science?

Any large-scale human cooperation – whether a modern state, a medieval church, an ancient city or an archaic tribe – is rooted in common myths that exist only in people’s collective imagination. Churches are rooted in common religious myths. Two Catholics who have never met can nevertheless go together on crusade or pool funds to build a hospital because they both believe that God was incarnated in human flesh and allowed Himself to be crucified to redeem our sins. States are rooted in common national myths. Two Serbs who have never met might risk their lives to save one another because both believe in the existence of the Serbian nation, the Serbian homeland and the Serbian flag. Judicial systems are rooted in common legal myths. Two lawyers who have never met can nevertheless combine efforts to defend a complete stranger because they both believe in the existence of laws, justice, human rights – and the money paid out in fees. Yet none of these things exists outside the stories that people invent and tell one another. There are no gods in the universe, no nations, no money, no human rights, no laws, and no justice outside the common imagination of human beings.

Menticide is an old crime against the human mind and spirit but systematized anew. It is an organized system of psychological intervention and judicial perversion through which a [ruling class] can imprint [their] own opportunistic thoughts upon the minds of those [they] plan to use and destroy.

Principles of Liberty 1. The only reliable basis for sound government and just human relations is Natural Law. 2. A free people cannot survive under a republican constitution unless they remain virtuous and morally strong. 3. The most promising method of securing a virtuous and morally strong people is to elect virtuous leaders. 4. Without religion the government of a free people cannot be maintained. 5. All things were created by God, therefore upon him all mankind are equally dependent, and to Him they are equally responsible. 6. All men are created equal. 7. The proper role of government is to protect equal rights, not provide equal things. 8. Men are endowed by their Creator with certain unalienable rights. 9. To protect man's rights, God has revealed certain principles of divine law. 10. The God-given right to govern is vested in the sovereign authority of the whole people. 11. The majority of the people may alter or abolish a government which has become tyrannical. 12. The United States of America shall be a republic. 13. A constitution should be structured to permanently protect the people from the human frailties of their rulers. 14. Life and Liberty are secure only so long as the Igor of property is secure. 15. The highest level of securitiy occurs when there is a free market economy and a minimum of government regulations. 16. The government should be separated into three branches: legislative, executive, and judicial. 17. A system of checks and balances should be adopted to prevent the abuse of power. 18. The unalienable rights of the people are most likely to be preserved if the principles of government are set forth in a written constitution. 19. Only limited and carefully defined powers should be delegated to the government, all others being retained by the people. 20. Efficiency and dispatch require government to operate according to the will of the majority, but constitutional provisions must be made to protect the rights of the minority. 21. Strong human government is the keystone to preserving human freedom. 22. A free people should be governed by law and not by the whims of men. 23. A free society cannot survive a republic without a broad program of general education. 24. A free people will not survive unless they stay strong. 25. "Peace, commerce, and honest friendship with all nations; entangling alliances with none." 26. The core unit which determines the strength of any society is the family; therefore, the government should foster and protect its integrity. 27. The burden of debt is as destructive to freedom as subjugation by conquest. 28. The United States has a manifest destiny to be an example and a blessing to the entire human race.

At the same time, a huge gulf is opening between the tenets of liberal humanism and the latest findings of the life sciences, a gulf we cannot ignore much longer. Our liberal political and judicial systems are founded on the belief that every individual has a sacred inner nature, indivisible and immutable, which gives meaning to the world, and which is the source of all ethical and political authority. This is a reincarnation of the traditional Christian belief in a free and eternal soul that resides within each individual. Yet over the last 200 years, the life sciences have thoroughly undermined this belief.

The difference between the past and the present is that individual freedom and security no longer fall to be protected solely through the D vehicle of common-law maxims and presumptions which may be altered or repealed by statute, but are now protected by entrenched constitutional provisions which neither the Legislature nor the Executive may abridge. It would accordingly be improper for us to hold constitutional a system which, as Sachs J has noted, confers on creditors the power to consign the person of an impecunious debtor to prison at will and without the interposition at the crucial time of a judicial officer.

Western notions of individual autonomy and rule of law simply do not apply in the desert. An attack on one tribesman is an attack on all, and in a landscape where a murderer can quickly and quietly slip away, it matters little whether the accused is guilty or innocent. His entire clan is held accountable for thar—retribution. The resulting skein of honor and revenge, so familiar in the modern Middle East, is eternal, seemingly without beginning and without end. When the first recourse of victims is to their cousins, and not to the police or to an independent judicial system, poverty and political instability are the usual outcomes.

Capitalism differs from other social forms because producers depend on the market for access to the means of production (unlike, for instance, peasants, who remain in direct, non-market possession of land); while appropriators cannot rely on 'extra-economic' powers of appropriation by means of direct coercion - such as the military, political and judicial powers that enable feudal lords to extract surplus labour from peasants - but must depend on the purely 'economic' mechanisms of the market. This distinct system of market dependence means that the requirements of competition and profit-maximization are the fundamental roles of life. Because of these rules, capitalism is a system uniquely driven to improve the productivity of labour by technical means. Above all, it is a system in which the bulk of society's work is done by propertyless labourers who are obliged to sell their labour-power in exchange for a wage in order to gain access to the means of life and of labour itself.

No legal system can maintain justice unless every participant — magisters, prosecutors, Legums, defendants, witnesses, all — risks life itself in whatever dispute comes before the bar. Everything must be risked in the Courtarena. If any element remains outside the contest and without personal risk, justice inevitably fails. — Gowachin Law

States are rooted in common national myths. Two Serbs who have never met might risk their lives to save one another because both believe in the existence of the Serbian nation, the Serbian homeland and the Serbian flag. Judicial systems are rooted in common legal myths. Two lawyers who have never met can nevertheless combine efforts to defend a complete stranger because they both believe in the existence of laws, justice, human rights – and the money paid out in fees. Yet none of these things exists outside the stories that people invent and tell one another. There are no gods in the universe, no nations, no money, no human rights, no laws and no justice outside the common imagination of human beings.

WILSON CONCOCTED and legitimized the magic elixir of judicial constitution-making and rule by administrative agencies, but Franklin D. Roosevelt employed it like an alchemist to transmute the American political system into a full-blown administrative state that resembled George III’s system of rulers and subjects as much as it did George Washington’s government.

Altogether, millions of mostly obscure entries in the public record offer details of a forced labor system of monotonous enormity. Instead of thousands of true thieves and thugs drawn into the system over decades, the records demonstrate the capture and imprisonment of thousands of random indigent citizens, almost always under the thinnest chimera of probable cause or judicial process.

One instance of this failure is the case of smoke, as well as air pollution generally. In so far as the outpouring of smoke by factories pollutes the air and damages the persons and property of others, it is an invasive act. It is equivalent to an act of vandalism and in a truly free society would have been punished after court action brought by the victims. Air pollution, then, is not an example of a defect in a system of absolute property rights, but of failure on the part of the government to preserve property rights. Note that the remedy, in a free society, is not the creation of an administrative State bureau to prescribe regulations for smoke control. The remedy is judicial action to punish and proscribe pollution damage to the person and property of others.48 In

the causes of poverty as put forth in the Bible are remarkably balanced. The Bible gives us a matrix of causes. One factor is oppression, which includes a judicial system weighted in favor of the powerful (Leviticus 19:15), or loans with excessive interest (Exodus 22:25-27), or unjustly low wages (Jeremiah 22:13; James 5:1-6). Ultimately, however, the prophets blame the rich when extremes of wealth and poverty in society appear (Amos 5:11-12; Ezekiel 22:29; Micah 2:2; Isaiah 5:8). As we have seen, a great deal of the Mosaic legislation was designed to keep the ordinary disparities between the wealthy and the poor from becoming aggravated and extreme. Therefore, whenever great disparities arose, the prophets assumed that to some degree it was the result of selfish individualism rather than concern with the common good.

In tone, the administration said that the NSS was all about championing America, but I wondered what America that was: the national/nativist state defined by blood, soil, and shared history? Or America the creedal nation, the Madisonian embodiment of Enlightenment ideals? I suspected that it was the former, since the champion, Donald Trump, had already alleged that American elections were “rigged,” three million people had voted illegally (all against him), the seat of government was a “swamp,” the free press was the “enemy of the people,” crime was at record rates, and the American judicial system was a “joke.” In all that, he sounded a lot like an Internet troll on a botnet controlled from Saint Petersburg. Or like Vladimir Putin. Whom he never could quite admit had worked to get him elected. But Putin had. And then some.

This is why today a country’s credit rating is far more important to its economic well-being than are its natural resources. Credit ratings indicate the probability that a country will pay its debts. In addition to purely economic data, they take into account political, social and even cultural factors. An oil-rich country cursed with a despotic government, endemic warfare and a corrupt judicial system will usually receive a low credit rating. As a result, it is likely to remain relatively poor since it will not be able to raise the necessary capital to make the most of its oil bounty. A country devoid of natural resources, but which enjoys peace, a fair judicial system and a free government is likely to receive a high credit rating. As such, it may be able to raise enough cheap capital to support a good education system and foster a flourishing high-tech industry.

Any large-scale human cooperation – whether a modern state, a medieval church, an ancient city or an archaic tribe – is rooted in common myths that exist only in people’s collective imagination. Churches are rooted in common religious myths. Two Catholics who have never met can nevertheless go together on crusade or pool funds to build a hospital because they both believe that God was incarnated in human flesh and allowed Himself to be crucified to redeem our sins. States are rooted in common national myths. Two Serbs who have never met might risk their lives to save one another because both believe in the existence of the Serbian nation, the Serbian homeland and the Serbian flag. Judicial systems are rooted in common legal myths. Two lawyers who have never met can nevertheless combine efforts to defend a complete stranger because they both believe in the existence of laws, justice, human rights – and the money paid out in fees.

Our liberal political and judicial systems are founded on the belief that every individual has a sacred inner nature, indivisible and immutable, which gives meaning to the world, and which is the source of all ethical and political authority. This is a reincarnation of the traditional Christian belief in a free and eternal soul that resides within each individual. Yet over the last 200 years, the life sciences have thoroughly undermined this belief. Scientists studying the inner workings of the human organism have found no soul there. They increasingly argue that human behaviour is determined by hormones, genes and synapses, rather than by free will – the same forces that determine the behaviour of chimpanzees, wolves, and ants. Our judicial and political systems largely try to sweep such inconvenient discoveries under the carpet. But in all frankness, how long can we maintain the wall separating the department of biology from the departments of law and political science?

We need to admit to, confront, and change the racism in the American justice system that decides who is stopped by police, who is arrested, who is searched, who is charged, who is prosecuted, and who isn’t, as well as look at who receives longer sentences and why and demand a fair and equal system. Racism in police departments and in courtrooms is not a secret. It’s been proved. Racism occurs at every level of the judicial process, from people of color being disproportionately stopped by police (racial profiling) to their being sentenced.

Research shows that great artists, scientists, and other types of creators have an abundance of dopamine in their system that allows them to deal with novelty,” Kaufman explained. In other words, they are extra-motivated to seek out the new and can then channel that novelty seeking into being creative. Kaufman calls dopamine “the mother of invention” and explains that because we have a limited amount of it, we must be judicious about choosing to spend it on “increasing our wonder and excitement for creating meaning and new things like art—or on Twitter.

Everything leads me to believe it,” he replied. “They got their hands on this communist who wasn’t one, while still being one. He had a sub par intellect and was an exalted fanatic—just the man they needed, the perfect one to be accused. . . . The guy ran away, because he probably became suspicious. They wanted to kill him on the spot before he could be grabbed by the judicial system. Unfortunately, it didn’t happen exactly the way they had probably planned it would. . . . But a trial, you realize, is just terrible. People would have talked. They would have dug up so much! They would have unearthed everything. Then the security forces went looking for [a clean-up man] they totally controlled, and who couldn’t refuse their offer, and that guy sacrificed himself to kill the fake assassin—supposedly in defense of Kennedy’s memory! “Baloney! Security forces all over the world are the same when they do this kind of dirty work. As soon as they succeed in wiping out the false assassin, they declare that the justice system no longer need be concerned, that no further public action was needed now that the guilty perpetrator was dead. Better to assassinate an innocent man than to let a civil war break out. Better an injustice than disorder. “America

It is in no way remarkable, and in no way a vindication of textual evolutionism, that taking power from the people and placing it instead with a judicial aristocracy can produce some creditable results that democracy might not achieve. The same can be said of monarchy and totalitarianism. But once a nation has decided that democracy, with all its warts, is the best system of government, the crucial question becomes which theory of textual interpretation is compatible with democracy. Originalism unquestionably is. Nonoriginalism, by contrast, imposes on society statutory prescriptions that were never democratically adopted.

Large numbers of strangers can cooperate successfully by believing in common myths. Any large-scale human cooperation – whether a modern state, a medieval church, an ancient city or an archaic tribe – is rooted in common myths that exist only in peoples collective imagination. Churches are rooted in common religious myths. Two Catholics who have never met can nevertheless go together on crusade or pool funds to build a hospital because they both believe that God was incarnated in human flesh and allowed Himself to be crucified to redeem our sins. States are rooted in common national myths. Two Serbs who have never met might risk their lives to save one another because both believe in the existence of the Serbian nation, the Serbian homeland and the Serbian flag. Judicial systems are rooted in common legal myths. Two lawyers who have never met can nevertheless combine efforts to defend a complete stranger because they both believe in the existence of laws, justice, human rights – and the money paid out in fees. Yet none of these things exists outside the stories that people invent and tell one another. There are no gods in the universe, no nations, no money, no human rights, no laws, and no justice outside the common imagination of human beings.

There cannot be any hard and fast rules. But there can be suggestions and useful analogies. The most useful, to my mind, is that of the difference between the English and French judicial systems. In England (and America), the task of the court in criminal cases, which it devolves upon a jury, is to arrive at a verdict of ‘guilty’ or ‘not guilty’ on the evidence presented by prosecuting and defending counsel in turns. Trials are conflicts and verdicts are decisions; the two sides ‘win’ or ‘lose’. In France, and other countries which observe Roman Law, the task of the court in a criminal case is to arrive at the truth, as far as it can be perceived by human eyes, and the business of establishing the outlines of the truth falls not on a jury, which is strictly asked to enter a judgement, but upon a juge d’instruction. This officer of the court, unknown to English law, is accorded very wide powers of interrogation–of the suspect, his family, his associates–and of investigation–of the circumstances and scene of the crime–at which the suspect is often required to participate in a reconstruction. Only when the juge is satisfied that a crime has indeed occurred and that the suspect is responsible will he allow the case to go forward for prosecution. The character of these two different legal approaches is usually defined as ‘accusatorial’ (English) and ‘inquisitorial’ (French) respectively.

How are we going to bring about these transformations? Politics as usual—debate and argument, even voting—are no longer sufficient. Our system of representative democracy, created by a great revolution, must now itself become the target of revolutionary change. For too many years counting, vast numbers of people stopped going to the polls, either because they did not care what happened to the country or the world or because they did not believe that voting would make a difference on the profound and interconnected issues that really matter. Now, with a surge of new political interest having give rise to the Obama presidency, we need to inject new meaning into the concept of the “will of the people.” The will of too many Americans has been to pursue private happiness and take as little responsibility as possible for governing our country. As a result, we have left the job of governing to our elected representatives, even though we know that they serve corporate interests and therefore make decisions that threaten our biosphere and widen the gulf between the rich and poor both in our country and throughout the world. In other words, even though it is readily apparent that our lifestyle choices and the decisions of our representatives are increasing social injustice and endangering our planet, too many of us have wanted to continue going our merry and not-so-merry ways, periodically voting politicians in and out of office but leaving the responsibility for policy decisions to them. Our will has been to act like consumers, not like responsible citizens. Historians may one day look back at the 2000 election, marked by the Supreme Court’s decision to award the presidency to George W. Bush, as a decisive turning point in the death of representative democracy in the United States. National Public Radio analyst Daniel Schorr called it “a junta.” Jack Lessenberry, columnist for the MetroTimes in Detroit, called it “a right-wing judicial coup.” Although more restrained, the language of dissenting justices Breyer, Ginsberg, Souter, and Stevens was equally clear. They said that there was no legal or moral justification for deciding the presidency in this way.3 That’s why Al Gore didn’t speak for me in his concession speech. You don’t just “strongly disagree” with a right-wing coup or a junta. You expose it as illegal, immoral, and illegitimate, and you start building a movement to challenge and change the system that created it. The crisis brought on by the fraud of 2000 and aggravated by the Bush administration’s constant and callous disregard for the Constitution exposed so many defects that we now have an unprecedented opportunity not only to improve voting procedures but to turn U.S. democracy into “government of the people, by the people, and for the people” instead of government of, by, and for corporate power.

In the USA, the “corporament” exists as the: military (defense/offense) + industrial + academic (schooling – at all levels – as prison) + “corporament” entertainment (Hollywood, media, advertising/consumerism/commercialization, propaganda/psychological warfare) + judicial (defense and prosecutorial lawyers, judges, law enforcement/police, prisons) + financial (banks, accounting firms) + religion + petrochemical/pharmaceutical (drugs, antibiotics, antibacterials, vaccines, pesticides – toxins to kill or put you at “dis-ease” and drugs to “treat” you) + imperial commu-soci-capitofasdemocracism system/society/economy/Western thinking = Military-industrial-academic-“corporament” entertainment-judicial-financial-religion-petrochemical/pharmaceutical complex.

Your remark about the “oughts” and system of values in political science leaves me rather cold. If as I think, the values are simply generalizations emotionally expressed, the generalizations are matters for the same science as other observations of fact. If as I sometimes suspect, you believe in some transcendental sanction, I don't. Of course, different people, and especially different races, differ in their values―but those differences are matters of fact and I have no respect for them except my general respect for what exists. Man is an idealizing animal―and expresses his ideals (values) in the conventions of his time. I have very little respect for the conventions in themselves, but respect and generally try to observe those of my own environment as the transitory expression of an eternal fact. . .

Whites generally are unable or unwilling to acknowledge how structural patterning generates white bias and responsibility for that structural patterning. Perhaps it is Mumia Abu-Jamal who again has deftly and complexly summarized the phenomenon of viciously racist bias in relation to African American experience of “criminal justice.” Contemplating Pennsylvania’s death row population which was 60 percent black at the time of his writing in a state where blacks make up only 11 percent of the population, Abu-Jamal reflects: Does this mean that African-Americans are somehow innocents, subjected to a set up by state officials? Not especially. What it does suggest is that state actors, at all stages of the criminal justice system, including slating at the police station, arraignment at the judicial office, pretrial, trial and sentencing stage before a court, treat African-American defendants with a special vengeance not experienced by white defendants.[94] Hence, we have the prison house and criminal justice structures as a bastion of white racism, displaying severe racial disparities, unequally disseminating terror and group loss for racialized groups in the US. It is a bitter fruit of the nation’s legacy of four centuries of slavery in North America, of the Jim Crow rollback of Reconstruction that often was reinforced by lynching practices. Some of today’s prisons are, in fact, built on sites of former slave plantations.[95] More importantly, prisons today are institutions that preserve a white society marked by white dominance and the confinement of nonwhite bodies, especially black bodies, exposing those bodies to commodification, immobilization, and disintegration.

Sociological research has shown that the maximum 'natural' size of a group bonded by gossip is about 150 individuals. Most people can neither intimately know, nor gossip effectively about, more than 150 human beings...How did Homo sapiens manage to cross this critical threshold, eventually founding cities comprising tens of thousands of inhabitants and empires ruling hundreds of millions? The secret was probably the appearance of fiction. Large numbers of strangers can cooperate successfully by believing in common myths. Any large-scale human cooperation – whether a modern state, a medieval church, an ancient city or an archaic tribe – is rooted in common myths that exist only in people’s collective imagination. Churches are rooted in common religious myths. Two Catholics who have never met can nevertheless go together on crusade or pool funds to build a hospital because they both believe that God was incarnated in human flesh and allowed Himself to be crucified to redeem our sins. States are rooted in common national myths. Two Serbs who have never met might risk their lives to save one another because both believe in the existence of the Serbian nation, the Serbian homeland and the Serbian flag. Judicial systems are rooted in common legal myths. Two lawyers who have never met can nevertheless combine efforts to defend a complete stranger because they both believe in the existence of laws, justice, human rights – and the money paid out in fees. Yet none of these things exists outside the stories that people invent and tell one another. There are no gods in the universe, no nations, no money, no human rights, no laws, and no justice outside the common imagination of human beings.

Going further than Hobbes, who relied on the general convergence of interests between the Many and the One who rules, some of the Physiocrats invented institutional arrangements specifically designed to make the despot truly “legal.” On the one hand, they elaborated a system of judicial control that would see to it that the laws issued by the sovereign and his council are not contrary to the “natural order” that is to be reflected in the fundamental constitution of the state.43 But an even more important safeguard was the idea that the sovereign should be given a real stake in the prosperity of his commonwealth. This was the purpose of the institution of co-property that Le Mercier de la Rivière proposed in his Ordre naturel et essentiel des sociétés politiques (1767).44 According to his plan, the sovereign would be co-owner, in a set and unchangeable proportion, of all the productive resources and of the produit net: as a result, any conflict of interests between him and the country at large would be inconceivable, and the Hobbesian identity of interests would be transparent even to the most obtuse and wicked despot.

In Giorgi’s system, as with Pico, the system is not astrological in the sense of judicial astrology in which man is conditioned by his horoscope, some of the influences in which might be bad, for example a bad influence of Saturn. In this system, as with Lull and Pico, all the celestial influences are good, and it is only a bad reception of them which can make them bad or unfortunate. There is thus free-will in the system, free-will to make a good, not a bad, use of the stars. The planets are linked to the angelic hierarchies and the Sephiroth. Thus the planetary influences pour down on man purified by the Christian angels and the Cabalist Sephiroth. Though all are equally good they are placed in a descending order of importance matched to the order of the hierarchies.18 Thus there are no bad or unfortunate planets. On the contrary, Saturn, unfortunate and bad in normal astrological theory is placed highest in the list. Being the outermost or highest planet in the cosmic order, he is nearest to the divine source of being and therefore associated with the loftiest contemplations. ‘Saturnians’ are not those poor and unfortunate characters of traditional astrology but inspired students and contemplators of highest truths.

Soviets had their own atomic bomb, Kennan argued that it made no sense for the United States to get into a spiraling nuclear arms race. Like Oppenheimer, he believed that the bomb was ultimately a suicidal weapon and therefore both militarily useless and dangerous. Besides, Kennan was confident that the Soviet Union was politically and economically the weaker of the two adversaries, and that in the long run America could wear down the Soviet system by means of diplomacy and the “judicious exploitation of our strength as a deterrent to world conflict. . . .” Kennan’s eighty-page “personal document” might well have been coauthored with Oppenheimer, reflecting as it did so many of Robert’s views. Indeed, both he and Kennan took its reception as a plunging barometer, indicating the approach of violent political storms. Circulated within the State Department, Kennan’s memo was quietly and firmly rejected by all who read it. Acheson called Kennan into his office one day and said, “George, if you persist in your view on this matter, you should resign from the Foreign Service, assume a monk’s habit, carry a tin cup and stand on the street corner and say, ‘The end of the world is nigh.’ ” Acheson didn’t even bother to show the document to President Truman.

In the wake of the Cognitive Revolution, gossip helped Homo sapiens to form larger and more stable bands. But even gossip has its limits. Sociological research has shown that the maximum ‘natural’ size of a group bonded by gossip is about 150 individuals. Most people can neither intimately know, nor gossip effectively about, more than 150 human beings. Even today, a critical threshold in human organisations falls somewhere around this magic number. Below this threshold, communities, businesses, social networks and military units can maintain themselves based mainly on intimate acquaintance and rumour-mongering. There is no need for formal ranks, titles and law books to keep order. 3A platoon of thirty soldiers or even a company of a hundred soldiers can function well on the basis of intimate relations, with a minimum of formal discipline. A well-respected sergeant can become ‘king of the company’ and exercise authority even over commissioned officers. A small family business can survive and flourish without a board of directors, a CEO or an accounting department. But once the threshold of 150 individuals is crossed, things can no longer work that way. You cannot run a division with thousands of soldiers the same way you run a platoon. Successful family businesses usually face a crisis when they grow larger and hire more personnel. If they cannot reinvent themselves, they go bust. How did Homo sapiens manage to cross this critical threshold, eventually founding cities comprising tens of thousands of inhabitants and empires ruling hundreds of millions? The secret was probably the appearance of fiction. Large numbers of strangers can cooperate successfully by believing in common myths. Any large-scale human cooperation – whether a modern state, a medieval church, an ancient city or an archaic tribe – is rooted in common myths that exist only in people’s collective imagination. Churches are rooted in common religious myths. Two Catholics who have never met can nevertheless go together on crusade or pool funds to build a hospital because they both believe that God was incarnated in human flesh and allowed Himself to be crucified to redeem our sins. States are rooted in common national myths. Two Serbs who have never met might risk their lives to save one another because both believe in the existence of the Serbian nation, the Serbian homeland and the Serbian flag. Judicial systems are rooted in common legal myths. Two lawyers who have never met can nevertheless combine efforts to defend a complete stranger because they both believe in the existence of laws, justice, human rights – and the money paid out in fees.

As the months rolled on, John and Sarah began to understand themselves less as teachers and more as parents, living into the names Baba and Kama Kiwawa. It was clear the boys needed something Keu couldn’t provide, consistent support and affection. Sarah started giving out hugs and bandages, and John role-modeled manhood by providing food, shelter, and an education. But unlike many parents, John and Sarah didn’t dole out punishments. They left that to the council. On his first visit, Keu had appointed six boys with hair sprouting on their chins as the elders of Kiwawa. He spent a week with them on a hill near Kiwawa where he instructed them in the ways of a traditional elder council, showing them how to resolve problems that might arise according to the Pokot traditions. And each night after the guard heard John’s snores rumbling out of the camper, the council built a fire and legislated the day’s problems according to the nomadic values they had learned, sometimes choosing to defer ruling on more complicated matters until Keu returned. Stolen writing stick? The elders huddled together in the shadow of the illuminated acacia tree. The oldest returned and pointed at the offender: “Water-fetching duty for a week.” “Oee,” the boys would shout, the Pokot version of Amen. “Refusing to share meat?” “Three rope whippings.” “Oee.” “Crying because you miss your mother?” “Spend more time with Kama,” the oldest boy would say with compassion. “Oee.” “We were modeling the Pokot elders by becoming the keepers of justice and fairness. You see, Pokot elders can never settle a matter based on anger or some personal retribution. That is so unacceptable,” Michael explained. “A punishment is meant to reform the person as quickly as possible so the criminal can be brought back into the group. This is because every single person has a job to do, whether it is to fetch water, herd cows, or stand guard against Karamoja. And if you are gone, then someone else has to work harder in your absence. Nomads do not have prisons like the modern world, which changes our whole entire judicial system. In America you can lock somebody up in prison for two years for just a small crime like stealing a cow. And while in prison they are taken out of the community and are expected to think about what they have done. And then after those two years of isolation, a group of psychologists and lawyers and I don’t know who else will examine that person and see if they have changed their stealing ways. If not, then they lock them back up,” he said, turning an invisible key. “In America there is the potential to give up on somebody, to leave them outside of the community. But there are no prisons in the desert, and without prisons the elders are left with two choices: reform you or kill you. And as I said, if they kill you, they are not only losing a good worker, but also a brother and a son. And the desert has already taken so many of our sons.

The belief that order must be intentionally generated and imposed upon society by institutional authorities continues to prevail. This centrally-directed model is premised upon what F.A. Hayek called “the fatal conceit,” namely, the proposition “that man is able to shape the world according to his wishes,”3 or what David Ehrenfeld labeled “the arrogance of humanism.”4That such practices have usually failed to produce their anticipated results has generally led not to a questioning of the model itself, but to the conclusion that failed policies have suffered only from inadequate leadership, or a lack of sufficient information, or a failure to better articulate rules. Once such deficiencies have been remedied, it has been supposed, new programs can be implemented which, reflective of this mechanistic outlook, will permit government officials to “fine tune” or “jump start” the economy, or “grow” jobs, or produce a “quick fix” for the ailing government school system. Even as modern society manifests its collapse in the form of violent crime, economic dislocation, seemingly endless warfare, inter-group hostilities, the decay of cities, a growing disaffection with institutions, and a general sense that nothing “works right” anymore, faith in the traditional model continues to drive the pyramidal systems. Most people still cling to the belief that there is something that can be done by political institutions to change such conditions: a new piece of legislation can be enacted, a judicial ruling can be ordered, or a new agency regulation can be promulgated. When a government-run program ends in disaster, the mechanistic mantra is invariably invoked: “we will find out what went wrong and fix it so that this doesn’t happen again.” That the traditional model itself, which is grounded in the state’s power to control the lives and property of individuals to desired ends, may be the principal contributor to such social disorder goes largely unexplored.

But nothing in my previous work had prepared me for the experience of reinvestigating Cleveland. It is worth — given the passage of time — recalling the basic architecture of the Crisis: 121 children from many different and largely unrelated families had been taken into the care of Cleveland County Council in the three short months of the summer of 1987. (p18) The key to resolving the puzzle of Cleveland was the children. What had actually happened to them? Had they been abused - or had the paediatricians and social workers (as public opinion held) been over-zealous and plain wrong? Curiously — particularly given its high profile, year-long sittings and £5 million cost — this was the one central issue never addressed by the Butler-Sloss judicial testimony and sifting of internal evidence, the inquiry's remit did not require it to answer the main question. Ten years after the crisis, my colleagues and I set about reconstructing the records of the 121 children at its heart to determine exactly what had happened to them... (p19) Eventually, though, we did assemble the data given to the Butler-Sloss Inquiry. This divided into two categories: the confidential material, presented in camera, and the transcripts of public sessions of the hearings. Putting the two together we assembled our own database on the children each identified only by the code-letters assigned to them by Butler-Sloss. When it was finished, this database told a startlingly different story from the public myth. In every case there was some prima fade evidence to suggest the possibility of abuse. Far from the media fiction of parents taking their children to Middlesbrough General Hospital for a tummy ache or a sore thumb and suddenly being presented with a diagnosis of child sexual abuse, the true story was of families known to social services for months or years, histories of physical and sexual abuse of siblings and of prior discussions with parents about these concerns. In several of the cases the children themselves had made detailed disclosures of abuse; many of the pre-verbal children displayed severe emotional or behavioural symptoms consistent with sexual abuse. There were even some families in which a convicted sex offender had moved in with mother and children. (p20)

Sometimes, as in the case of the copper companies, the nationalizations were achieved through legislation that won overwhelming support. (By now, no one in Chile loved the American companies; even the head of Chile’s Roman Catholic bishops declared that nationalization was right and just.) At other times the methods skirted or even overstepped the bounds of legality. The government would simply approve the seizures of farms and factories, one of those “loopholes” Allende was relying on. Perhaps the most important—and pernicious—method was by squeezing the companies economically, as he tried to do with El Mercurio. The government had the authority to approve price hikes and wage increases. Companies that were targets for takeovers were prohibited from raising their prices but were forced to raise their workers’ pay. Moreover, as the government extended its control of the banks, credit for distressed companies dried up. Forced bankruptcies were a favorite tool of Allende’s Socialists. And who was there to run these companies once they were taken over? Ambassador Davis reports: “Government-appointed managers were usually named on the basis of a political patronage system that would have put Tammany Hall to shame.” Many formerly profitable companies were soon incurring heavy losses. In the countryside, where peasants—often illiterate—were seizing control of the estates, there was resistance even to the simplest methods of accounting and cost calculation. As Allende told Debray, “We shall have real power when copper and steel are under our control, when saltpeter is genuinely under our control, when we have put far-reaching land reform measures into effect, when we control imports and exports through the state, when we have collectivized a major portion of our national production.” But it wasn’t just the economy that Allende was trying to control. He was also taking steps to centralize the government and restrict political freedom. He saw his most important political reform as replacing the bicameral legislature with a single chamber in order to strengthen the presidency and weaken congress’s ability to block his objectives. It would also have the power to override judicial decisions. He called the proposed new body the “People’s Assembly,” but he never gained sufficient support from the “people” to call a plebiscite on the question.

The most comprehensive studies of racial bias in the exercise of prosecutorial and judicial discretion involve the treatment of juveniles. These studies have shown that youth of color are more likely to be arrested, detained, formally charged, transferred to adult court, and confined to secure residential facilities than their white counterparts.65 A report in 2000 observed that among youth who have never been sent to a juvenile prison before, African Americans were more than six times as likely as whites to be sentenced to prison for identical crimes.66 A study sponsored by the U.S. Justice Department and several of the nation’s leading foundations, published in 2007, found that the impact of the biased treatment is magnified with each additional step into the criminal justice system. African American youth account for 16 percent of all youth, 28 percent of all juvenile arrests, 35 percent of the youth waived to adult criminal court, and 58 percent of youth admitted to state adult prison.67 A major reason for these disparities is unconscious and conscious racial biases infecting decision making. In the state of Washington, for example, a review of juvenile sentencing reports found that prosecutors routinely described black and white offenders differently.68 Blacks committed crimes because of internal personality flaws such as disrespect. Whites did so because of external conditions such as family conflict. The risk that prosecutorial discretion will be racially biased is especially acute in the drug enforcement context, where virtually identical behavior is susceptible to a wide variety of interpretations and responses and the media imagery and political discourse has been so thoroughly racialized. Whether a kid is perceived as a dangerous drug-dealing thug or instead is viewed as a good kid who was merely experimenting with drugs and selling to a few of his friends has to do with the ways in which information about illegal drug activity is processed and interpreted, in a social climate in which drug dealing is racially defined. As a former U.S. Attorney explained: I had an [assistant U.S. attorney who] wanted to drop the gun charge against the defendant [in a case in which] there were no extenuating circumstances. I asked, “Why do you want to drop the gun offense?” And he said, “‘He’s a rural guy and grew up on a farm. The gun he had with him was a rifle. He’s a good ol’ boy, and all good ol’ boys have rifles, and it’s not like he was a gun-toting drug dealer.” But he was a gun-toting drug dealer, exactly.

Power is seeping away from autocrats and single-party systems whether they embrace reform or not. It is spreading from large and long-established political parties to small ones with narrow agendas or niche constituencies. Even within parties, party bosses who make decisions, pick candidates, and hammer out platforms behind closed doors are giving way to insurgents and outsiders—to new politicians who haven’t risen up in the party machine, who never bothered to kiss the ring. People entirely outside the party structure—charismatic individuals, some with wealthy backers from outside the political class, others simply catching a wave of support thanks to new messaging and mobilization tools that don’t require parties—are blazing a new path to political power. Whatever path they followed to get there, politicians in government are finding that their tenure is getting shorter and their power to shape policy is decaying. Politics was always the art of the compromise, but now politics is downright frustrating—sometimes it feels like the art of nothing at all. Gridlock is more common at every level of decision-making in the political system, in all areas of government, and in most countries. Coalitions collapse, elections take place more often, and “mandates” prove ever more elusive. Decentralization and devolution are creating new legislative and executive bodies. In turn, more politicians and elected or appointed officials are emerging from these stronger municipalities and regional assemblies, eating into the power of top politicians in national capitals. Even the judicial branch is contributing: judges are getting friskier and more likely to investigate political leaders, block or reverse their actions, or drag them into corruption inquiries that divert them from passing laws and making policy. Winning an election may still be one of life’s great thrills, but the afterglow is diminishing. Even being at the top of an authoritarian government is no longer as safe and powerful a perch as it once was. As Professor Minxin Pei, one of the world’s most respected experts on China, told me: “The members of the politburo now openly talk about the old good times when their predecessors at the top of the Chinese Communist Party did not have to worry about bloggers, hackers, transnational criminals, rogue provincial leaders or activists that stage 180,000 public protests each year. When challengers appeared, the old leaders had more power to deal with them. Today’s leaders are still very powerful but not as much as those of a few decades back and their powers are constantly declining.”3