that was the standard of a just law there might not be any just
laws.
There might be some laws very hard to enforce yet the law is still
just. Take for example majuanua, there is a law against the federal
government throwing people in jail for possesing and sale of
marijuna, that law is the constitution, it gives no authority to the
federal government to do that so every federal politican and every
federal employee that supports the enforcement of those acts are
breaking the law. Yet that law is very hard to enforce, almost
impossible these days because to many people think that grand juries
and juries are louts and that legistors are wise and noble leaders.---
In [email protected], [EMAIL PROTECTED] wrote:
>
> I would argue that a just law is one which is enforceable in every
case and
> one in which the costs of enforcement do not exceed what is
acceptable, are
> not worse than the crime, the cost/benefit argument.
>
> Most Libertarians would say the laws against smoking marijuana are
bad on
> both counts. Only a fraction of smokers can be apprehended, which
makes
> enforcement arbitrary and capricious. And the cost of enforcement,
home invasions
> by SWAT teams, illegal searches, etc., plus maintaining prisons
and breaking
> up families and foregoing the productive output of the convicted
person, etc.
> etc. exceeds any social benefit from having a smoker use tobacco
instead of
> weed.
>
> Something like half, possibly two thirds, of fertilized eggs
(people, to the
> pro-lifers) spontaneously abort or fail to implant or die early in
the
> gestation. In most cases, the mother doesn't even know. However,
if abortion is
> homicide, then every lifeless zygote should be treated as a dead
human.
> First, it must be found. All tampons and sanitary napkins must be
turned in to
> the county medical examine to determine if a fertilized egg is
present and, if
> so, to issue a death certificate. Then the grand jury (a bunch of
ignorant
> and bigoted clods who don't have the wit to be excused from jury
duty) must
> determine whether the death was "natural" or "murder". (How are
they supposed
> to determine that?) Then, of course, there must be a proper
burial or
> cremation of the corpse, including, in most states, a coffin and a
designated
> cemetery. It the death of the zygote was not "natural", perhaps a
third of the
> cases, both the mother and the doctor are guilty of pre-meditated
murder, and
> subject, in most states, to the death penalty. Jailing or
executing two
> adults is very expensive, and their children become wards of the
state, and their
> student loans are defaulted on, and they don't pay taxes, and...
It there
> is anything less than 100 per cent prosecution and severe
penalties for
> feticide, then we are making a mockery of the law and depriving
other murderers,
> like drive-by shooters, of the equal protection (or neglect) of
the law. What
> is it about "murder" you don't understand, Ms. Juror?
>
> Additional questions: Suppose a teen age girl has a late period and
doesn't
> tell anyone, flushing her tampon down the toilet? Can she be
prosecuted for
> abuse of a corpse? Tampering with evidence? Does she have an
excuse of
> "accidental death" because she miscounted her birth control pills,
took too few
> and then too many, resulting in a accidental conception and an
accidental
> abortion? What if she claims it was God's way of giving her a
second chance,
> because she was genuinely contrite about letting Johnny do that
thing?
>
> Then there is the Terry Schiavo problem. If two doctors determine
that an
> adult has no functioning brain, the adult can be declared "brain
dead" and
> deprived of further life support. What if a pregnant woman goes
to two doctors
> who pronounce her blastocyst "brainless" (no neural tube formed
yet), can
> life support be withdrawn? If not, why the double standard?
>
> Extending the logic of an embryo of a human is a human, then an
embryo of a
> pine tree is a pine tree. If I burn a pine cone, I have burned a
whole
> forest! that should be good for several years in jail.
>
>
> [Non-text portions of this message have been removed]
>
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