Law — A Brief History

law

Ever since our hairiest ancestors came down out of the trees and grouped themselves together against the dangers of an unforgiving world, we have made laws to govern ourselves.  In the beginning, they were simple tribal dictates that set out reasonable behaviour within the group.  Things like no stealing another guy’s vegetables, no peeing upstream from the village, everybody gets a slice of the mastodon, and no loud music after 11:00.  In those days, there was only one punishment for breaking the rules.  You were banished from the protection of the tribe and your life expectancy went from short and brutal to zero.  Early humans understood that society was fragile, and if some wiseass wanted to be a jerk, he endangered the entire group.  It was simple, rough and ready, but it worked.  Humans, as a species, not only survived but thrived as a communal beast.

As our society progressed and got more complicated, so did our laws.  We still had to protect ourselves against the unreasonable acts of certain individuals, but we measured the punishment in accordance with the severity of the crime.  We remember this period today in the often quoted homily “an eye for an eye and a tooth for a tooth.”  These were still simple laws, but they worked well because everybody in the group understood the rules, and they were enforced by the entire community.  For example, if Benjamin got caught eating Abraham’s carrots, he was expected to replace them – with a little extra for Abraham’s trouble – and all was forgiven.  Once again, these rules allowed us to progress as a society because we didn’t have to spend all our time guarding ourselves and our property against theft and vandalism, and we could concentrate on other things, like food and shelter.

As our society progressed even further, more and more people came under the protection of the law.  Our rural villages developed into urban towns and started to interact with other large groups who had also adapted laws to protect their societies.  This caused a serious problem, though, because our social groups were getting so large that not everybody knew all the rules nor understood them.  Plus, although the rules between different groups were very similar, sometimes individual laws were surprisingly different.  For instance, if the people in Town A understood that donkeys must be tethered, when those same people went to Town B, where donkeys were allowed to roam free, their first thought would have been, “Wow! Free donkeys!” and they would have helped themselves.  You can see how there’d be some misunderstandings; wars have been fought over lesser things.

Luckily, it was about that time that a guy named Hammurabi came along.  Hammurabi was a Babylonian king who took all the rules he could think of and wrote them down.  (Actually, he had them chiselled into stone, but the result was the same.)  It was called the Hammurabi Code; a big, heavy copy of it is sitting in the Louvre in Paris, if you want to take a look.  Hammurabi also set down all the punishments that fit the crimes, so everybody in his kingdom knew exactly where they stood – vis a vis the law.

This was great, and even though laws changed dramatically over the centuries, Hammurabi’s system worked for the next three plus millennia.

But, wait a minute!  It ain’t over yet!

Fast forward to the late 1960s, and suddenly everything went to hell.  Somehow (for no reason I can fathom) our society decided that nearly 4,000 years of success didn’t matter, and we’d actually gotten the entire system backwards.  Back in those days, the thinking was: we’d been making laws to protect society from those individuals who wish to do it harm (murderers, thieves and such) but what we need are laws to protect those individuals (murderers, thieves and such) from the wrath of the society they’d harmed!  The idea caught on even though it’s based on a weird dichotomy.  The fact is, the only way to protect individual rights within a society is to have a strong society to begin with, and protecting individuals who wish to harm it weakens our collective trust.  In other words, if Benjamin gets caught eating Abraham’s carrots and nothing’s done about it, the rest of us begin to think we should get some free carrots, as well.  Do that enough times and it’s called anarchy.

It’s an interesting experiment: I’m curious to see how long it takes us to get out of it.

Ancient Wisdom — That Isn’t???

fortune-telling

For the last couple of decades, our world has been awash with Ancient Wisdom.  Everybody and his sister seems to think they’ve discovered the kickass cure for contemporary society in the texts and teachings of long, long ago.  It’s only natural.  In troubled times, people long for a simpler life and usually go looking for it in the shifting echoes of half-forgotten time.  Whether it’s a paleo diet, aura energy, herbal remedies or smelly candles, we tend to believe that this “lost” knowledge will provide signposts on the road to enlightenment.  I’m not saying it will or it won’t – honestly, I don’t know – however, we do need to remember a couple of things.  First of all, by definition, ancient wisdom comes from a time of superstition and ignorance when germs were God’s punishment, life expectancy was 35 and you could die from a broken finger.  Secondly, some of this ancient wisdom isn’t actually all that ancient.  Here are a couple of blatant examples of ancient arts that aren’t!

Tarot cards – Everybody knows that the Tarot is as old as the sands of Egypt.  It was the tool of soothsayers and astrologers who used its power to seek metaphysical guidance and, perhaps, glimpse into the future.  And today, only a select few occult scholars have the wisdom to unlock its secrets.  Nope!  The truth is, Tarot cards were developed in the early Renaissance by a bunch of northern Italian gamblers.  They used them to play games very similar to poker and gin rummy.  That went on for about three centuries until the 1780s, when a popular French magician, Jean-Baptiste Alliette (whose stage name was Etteilla) began claiming the Tarot was full of psychic energy.  On the verge of revolution, the Parisian upper classes were eager to grasp at spiritual straws, and the Tarot cards looked like a good one.  Meanwhile, at the other end of the Rue de Fake News, a semi-intellectual, Antoine Court, wrote a history (without documentation, BTW) which traced the Tarot back to the pre-pyramid Nile.  Since everyone already knew that anyway, it became (and still is) the accepted history of the Tarot.  In fact, Tarot cards are actually younger than the ordinary “according to Hoyle” playing cards we use every day!

Wicca – For millions of its followers and most of the rest of us, Wicca comes from a time before history when Mother Nature spoke to her children from the rivers, mountains and meadows of the natural world.  It is a religion of the Goddess whose power comes from the living Earth.  A spirituality of standing stones, sacred trees and healing crystals that was suppressed for centuries by the Christian church and the woeful myopia of modern science.  Guess again!  Actually, Wicca (and all its various offshoots) was invented by Gerald Gardner, a retired British civil servant, sometime in the late 1940s.  It’s basically a one-size-fits-all cauldron full of folklore, legend, superficial history and amateur anthropology — all stirred together with Aleister Crowley magic, make-believe rites and rituals, a Druid or two and nudity.  When Gardner went public with his mystic concoction in 1954, the Cold War was chilly enough to attract a good number of devotees, but, when the Berlin Wall and the Cuban Missile crisis put the world into a deep freeze, people all over the West started seriously looking for a reasonable alternative to nuclear holocaust.  During the late 60s and 70s, Wicca became the “religion de jour” to a host of bored students, disenchanted activists and aging hippies — each with their own interpretations, teachings and texts.  These days, the many faces of Wicca are everywhere from occult bookstores to suburban diets — colleges teach its practices and rock stars wear its symbols.  However, the painful truth is … Wicca is about the same age as Oprah Winfrey.

Stuff We Need — RIGHT NOW!

ideas

Despite the current mess (and everybody squawking about it) we live in the most benevolent society in history.  We have more literacy, less poverty, better health care, better education, better nutrition and easier access to information than at any time since Lucy and her girlfriends decided to take a stroll in Ethiopia, some 3 million years ago.  Unfortunately, we’re not that good at using these benefits to our best advantage – yet.  For example, we wasted tons of money and years of research on Viagra when a little marijuana and some decent porn would have done the trick.  Personally, I think our endless cycle of herbal shampoos, sugar water beverages and bum warmer automobiles has got to stop, and we need to concentrate on things that will really benefit our world.  So, in that vein, here is just some of the stuff we need – RIGHT NOW!

An electronic collar that zaps you if you’ve forgotten something at the grocery store.

A mute button for vegans.  Once a vegan has publically declared their veganness (veganosity?) eight times, they must wear a mute button for the comfort and convenience of the rest of us.

A sexier name for the Covid masks we’re all going to wear.  Might I suggest Cloak of Responsibility?

A universal restraining order against stupid celebrities.  Any celebrity who makes three (3) stupid comments in a calendar month is forbidden from coming within 100 metres of a microphone.

AutoCorrect that knows the difference between “your” and “you’re” and “there,” their” and “they’re” — so I don’t look like a moron when I’m not paying attention.

A written test before anyone is allowed to vote.  Even multiple choice (guess?) would be better than nothing.

Transparent toasters.  So we can at least see what that maniac machine is doing to our bread!

All statues turned into holograms so they can simply be switched off and changed when public perception turns against them.  Unfortunately, pigeons would be denied a place to – uh – sit, but too bad, pigeon lovers — we can’t please everybody!

Skip the Dumbass.  Like Skip the Dishes, but instead of food, this online service will deliver an intelligent person to your doorstep for an enjoyable conversation without a political or social agenda.

Laundry hampers that automatically wash clothes, dryers that fold them and a robot something that puts them away.

A Nobel Prize for Buffoonery.

A junk food that tastes super good but has negative calories so when you binge-eat a bowl of it while you’re binge-watching Netflix, you actually lose weight.

Voice-activated Smart Microwaves (with a cute female name) that remember how you like your frozen stuff nuked.
“Madison, beef and bean burrito.”
“According to your burrito history, you prefer two minutes on High.  Is that correct?”
(You just read that in a computer voice, didn’t you?)

Compulsory therapy for old men who insist on riding those extra noisy-ass motorcycles.

Something (I don’t know what) that gets the last bit of peanut butter out of the bottom of the jar.

And finally:

A secret society where the members memorize history to preserve it until those “culture cancellers” get over themselves — kinda like what the people in Fahrenheit 451 did for books and literature.