About The Rule Of Law
Humanity does not gradually progress
from combat to combat
until it arrives at universal reciprocity,
where the rule of law gradually replaces warfare;
humanity installs
each of its violences
in a system of rules
and thus proceeds
from domination to domination.
The nature of these rules
allows violence to be inflicted upon violence
and the resurgence of new forces
that are sufficiently strong
to dominate those in power.
Rules are empty in themselves,
violent and unfinalized;
They are impersonal
and can be bent
to any purpose.
The successes of history
belong to those who are capable
of seizing these rules,
to replace those who had used them,
to disguise themselves so as to pervert them,
invert their meaning,
and redirect them against those
who had initially imposed them;
Controlling this complex mechanism,
they will make it function,
so as to overcome the rulers
through their own rules.
Nietzsche, Genealogy, History by Michel Foucault, trans. by D. Bouchard and S. Simon
So you believe that we Americans have made singular progress, becoming a society “of laws?” The rule-of-law is our point of pride. Past presidents, and many elected to high office make reference to the “peaceful transfer of power”, the mechanism of casting of ballots by citizens who freely cast their vote for one or the other candidate, a painted picture of reason, of comity, differing views accepting a time hallowed method of reconciliation.
This seems a pretty good story, if you happen to be on the winning side, to savor your advantage by referencing the traditions of past generations, and especially that of the Founders, and of the founding documents of the Constitution and the Bill of Rights. If you believe that you have a firm grip upon the rules, you will reminisce the patriot stories, wrap yourself in the flag, asserting that you have the mandate of God N’ Country.
Do not be fooled by what appears on the surface. Do not be seduced by the siren song, the patriotic bunting. Reality is as it has ever been. It’s all a stage set. (Not unlike the store fronts and dirt streets of Dodge City in the old Gun Smoke television series.)
Struggle, a scrum to power, a bid to overcome those who rule, by their own rules. Law is the fulcrum by which resistance is overcome…
Nothing more.
One thought on “About The Rule Of Law”
Well said Jerry! You have nailed it.