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by davepage
4048 days ago
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Essentially the American state religion to which your refer is largely predicated on the concept that any law may be ignored by those in power so long as the intent is to produce "good outcomes" for some state perception of good. (i.e. 'the constitution is not a suicide pact' or read "Enemies: A History of the FBI") Law (so far) is merely stains on paper until interpreted by the mind of an individual in some context (time, place, society). Societal context is some collective consensus over right and wrong -- some popular mush of common sense, the influence of which can be seen in the evolution of, for example, supreme court decisions over socially controversial issues. Where large numbers of individuals subscribe to a particular set of beliefs about what the law is, and proceed to act accordingly, a very convincing illusion of government emerges. And one may refer to this as a state religion in the sense it is entirely an emergent property of belief rather than reality. Thus, absolute law is a myth. Pardons are an outlet for the elected leadership to short-circuit the legal process when, in a given instance, punishment is perceived to exceed the crime. It is thus arguably irrational to assert that a pardon is premature in the Snowden case, considering the outcome thus far. Of course, those capable of issuing such pardons are themselves true believers. Snowden has committed blasphemy against the state religion. Thus a pardon can only occur should some popular unrest threaten those in power. |
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