A Question about Justice

[iamthewalrus]

this may be a really stupid question but im not sure. In a anarchist society is there any kind of judicial system that says for example that killing is wrong and decides what kind of punishment you recive for killing someone. And if there is a system like that isn't that a form of government. (and how would it work in a communism)

[Raisa]

Alot of crimes today are results of our current system.
I think people will do with criminals what is productive, and try and educate them and show them whats wrong with what they did, or give them a place they can live at that is suited for their needs.

I think in communism alot of the crimes are going to be results of mental diseases, and not the class system-that wont exist! So we need to help the criminals because things are different.

[Vincent]

..but in the anarchist society, who are the people (the judicial system) that decide what to do with the criminals? how would they guarantee that the criminal was being re-educated or exhiled?

[T_SP]

Originally posted by [email protected] 19 2004, 07:22 AM
..but in the anarchist society, who are the people (the judicial system) that decide what to do with the criminals? how would they guarantee that the criminal was being re-educated or exhiled?
Presicely the point that most Non- Anarchists have. There ideology seems good but is desparately flawed.

[redstar2000]

Communist Society -- Some Brief Reflections (http://redstar2000papers.fightcapitalism.net/theory.php?subaction=showfull&id=1083719642&archive=&cnshow=headlines&start_from=&ucat=&)

Crime & Punishment--Some Brief Notes on Communist Justice (http://redstar2000papers.fightcapitalism.net/theory.php?subaction=showfull&id=1083339099&archive=&cnshow=headlines&start_from=&ucat=&)

:redstar2000:

The Redstar2000 Papers (http://www.redstar2000papers.fightcapitalism.net)
A site about communist ideas

[Note by Che y Marijuana: fixed second link]

[Essential Insignificance]

These types of questions seem to pop up every now and then, and they are often considerably difficult to answer thoroughly, to suffice as an answer.

Let’s consider the "9/10 of the law is property" state of affairs. As most of as know; capitalism is based on private property and the exchange of thus, with the motive of acquiring surplus and accumulating as a consequence to keep our "social status" or just so we can maintain our lifes and live; for the great majority.

Lets keep in mind that the morality and laws of class society are conditioned, generally, by the ruling class, of course in their interests. So something that is an abhorred act in a class society may not be so, in a classless society.

So, if private property was abolished, would the contradiction between private interests and communal interest follow suit? If so, there would need to be a radical transform in the "surplus requirements" of human nature in class society

Here, now, the materialist conception of history explains how private interests will be replaced by communal interest, that is to say, how human nature will revolutionize itself. For the economic basis of society alters and regulates, our consciousness- human nature-; so egoism, self-indulgence, voracity and greed are all formations of class society. So if you change the economic base structure would we, change mankind. Thus, if private property was replaced by communal property and socially organized means of production; we would as a consequence, loss our personal intersts.

Is this plausible; I think so. Although of course, a lot more complicated, if we were to go into it further.

So we can, now, from the above all most say as a truism; that a society based on communal ownership will beseech a lot of class crimes (crimes directly in the intersts of private property, which most crimes are) obsolete; as nothing can be gained from it. As for other crimes (that we are socially aware of today, under class systems) such as murder, rape etc. which I think will carry over to classless society will be handled by specialist "police".

As for the judicial system, it may be the same as today, that is; how the functioning of persecutions occur.

However the laws will adjust itself fundamentally, so the judicial system will correspond to it, by us as a totality.

But, I believe, there will be a lot more help, facilitation and assistance offered to those found quality of rape, murder etc. Instead of how it is today.

[T_SP]

Ah, but the point was, which body of people will decided what happens to these criminals? That much you did not answer! There needs to be some sort of leadership in place, not a bueracracy or a dictatorship but an elected body which really do represent the people.

[Karo de Perro]

Trial,conviction and execution of criminals must be carried out by a peoples tribunal,and such can only be officiated by people possessing the most stable mentality and in such matters one must never go beyond the bounds of propriety in their quest for social justice.

[Essential Insignificance]

Ah, but the point was, which body of people will decided what happens to these criminals?

Those trained in law.


There needs to be some sort of leadership in place, not a bueracracy or a dictatorship but an elected body which really do represent the people.

Just because there is a position of laws, does not entail that there is "leadership" to control and regulate it!

Much the same as today; one who is charged for murder ,will find representation-through a "lawyer(s)"- much the same as today in bourgeoisie society.

[Subversive Pessimist]

How would you keep every institution free without a big government there?

[T_SP]

Thankyou Mr Strawberry, the point the Anarchists continue to evade! The fact is they have no real answers, as I have said on another thread they have no real plan/ programme for life after Capitalsim.

[Karo de Perro]

A society without a state to officiate governance is like a body without a brain,as a person without mind ... it would be nothing more than a collective mass suffering from alzheimers.

[Subversive Pessimist]

Anarchists? Maybe you could answer..

[redstar2000]

A society without a state to officiate governance is like a body without a brain, as a person without mind...it would be nothing more than a collective mass suffering from Alzheimer's.

Do human societies really function "like a single body"?

Of course not...rendering such a metaphor utterly meaningless.

But it's an old one; Thomas Hobbes used it back in the 17th century.

It hasn't improved with age.

:redstar2000:

The Redstar2000 Papers (http://www.redstar2000papers.fightcapitalism.net)
A site about communist ideas

[Don't Change Your Name]

Originally posted by [email protected] 23 2004, 06:42 PM
How would you keep every institution free without a big government there?
That depends on many things (which "institution" we are talking about, for example) and I'd like a good example of why you think such institutions could degenerate into a "government".