The Limits of Law

There is plenty of evil that is not illegal.   You can see it everywhere.   Things that are plainly wicked, but that no specific law proscribes.   Greedy rich financial geniuses hatched a complicated plan where they sold “tranches” of the inflated value of “toxic” assets, underwater “liar’s loans” mortgages, falsely rated triple A by ratings agencies paid to truthfully advise investors, and made literally billions while causing a vast economic catastrophe.    They all got richer and collected record bonuses, laughed all the way to the bank.   Nobody was ever prosecuted for the vast conspiracy.   The law has its limits.

The two American psychologists, Mitchell and Jessen, who designed the recent American torture protocols and were paid tens of millions for their rude expertise.   Perfectly legal.  They eventually coughed up a few bucks to settle a civil suit brought by some of their victims, but, so what?

The architects of a current program to terrify already traumatized legal asylum seekers by taking their children from them, housing them in privatized cages, losing track of them, etc., arguably are violating no laws but God’s.  

There is an adage used by lawyers and judges to describe injuries, even serious ones, that are not remediable in a court of law: de minimis non curat lex — the law does not concern itself with trifles.

So if you have a lawless man, the beneficiary of seventy years of financial fraud committed by his family and himself, he can behave as lawlessly as he likes, provided there is no actual law that he is technically violating.  If the man lies publicly ten thousand times, even a million times, it is no crime unless he did it under oath.    His ever changing battalion of lawyers will not let him testify under oath– perjury trap!    The man can’t help being what he is, but there is, fortuitously for him, no specific law against being that way.

Some are constrained by traditions of what we think of as decent behavior, we call these ethical practices norms.   Norms are for assholes, losers.  Common decency?   It says it right in its name, common.   For extraordinary men, born booted and spurred to ride the rest of our sorry asses, well– unless you have a smoking gun, in my hand, that proves beyond a shadow of a doubt, to a jury of my peers, that I have violated some specific law, well… fuck off.    Nothing to see here! Fake morality!!  

As Mr. Hitler himself styled it, conscience is a Jewish invention, part of their vicious conspiracy to dominate the world.  I know it’s part of mine, anyway.

For those of us who don’t take our cues on ethical living from the likes of Mr. Hitler (who had an army of Nazi lawyers putting his every opinion indelibly into law), well, it’s not always necessary to have a specific law to let us know when we are treating others in a way that’s hateful to us. 

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