Author Topic: Legal decolonization  (Read 743 times)

90sRetroFan

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Re: Legal decolonization
« Reply #15 on: May 18, 2022, 08:52:52 pm »
If we look at the history of policing in ancient non-Western civilizations:

https://en.wikipedia.org/wiki/Police#History

Quote
China
Law enforcement in ancient China was carried out by "prefects" for thousands of years since it developed in both the Chu and Jin kingdoms of the Spring and Autumn period. In Jin, dozens of prefects were spread across the state, each having limited authority and employment period. They were appointed by local magistrates, who reported to higher authorities such as governors, who in turn were appointed by the emperor, and they oversaw the civil administration of their "prefecture", or jurisdiction. Under each prefect were "subprefects" who helped collectively with law enforcement in the area. Some prefects were responsible for handling investigations, much like modern police detectives. Prefects could also be women.[13] Local citizens could report minor judicial offenses against them such as robberies at a local prefectural office. The concept of the "prefecture system" spread to other cultures such as Korea and Japan.

Babylonia
In Babylonia, law enforcement tasks were initially entrusted to individuals with military backgrounds or imperial magnates during the Old Babylonian period, but eventually, law enforcement was delegated to officers known as paqūdus, who were present in both cities and rural settlements. A paqūdu was responsible for investigating petty crimes and carrying out arrests.[14][15]

Egypt
In ancient Egypt evidence of law enforcement exists as far back as the Old Kingdom period. There are records of an office known as "Judge Commandant of the Police" dating to the fourth dynasty.[16] During the fifth dynasty at the end of the Old Kingdom period, officers armed with wooden sticks were tasked with guarding public places such as markets, temples, and parks, and apprehending criminals. They are known to have made use of trained monkeys, baboons, and dogs in guard duties and catching criminals. After the Old Kingdom collapsed, ushering in the First Intermediate Period, it is thought that the same model applied. During this period, Bedouins were hired to guard the borders and protect trade caravans. During the Middle Kingdom period, a professional police force was created with a specific focus on enforcing the law, as opposed to the previous informal arrangement of using warriors as police. The police force was further reformed during the New Kingdom period. Police officers served as interrogators, prosecutors, and court bailiffs, and were responsible for administering punishments handed down by judges.
...
India
Law enforcement systems existed in the various kingdoms and empires of ancient India. The Apastamba Dharmasutra prescribes that kings should appoint officers and subordinates in the towns and villages to protect their subjects from crime. Various inscriptions and literature from ancient India suggest that a variety of roles existed for law enforcement officials such as those of a constable, thief catcher, watchman, and detective.[23] In ancient India up to medieval and early modern times, kotwals were in charge of local law enforcement.[24]

Persian Empire
The Persian Empire had well-organized police forces. A police force existed in every place of importance. In the cities, each ward was under the command of a Superintendent of Police, known as a Kuipan, who was expected to command implicit obedience in his subordinates. Police officers also acted as prosecutors and carried out punishments imposed by the courts. They were required to know the court procedure for prosecuting cases and advancing accusations.[25]
...
The Americas
Pre-Columbian civilizations in the Americas also had organized law enforcement. The city-states of the Maya civilization had constables known as tupils, as well as bailiffs.[29] In the Aztec Empire, judges had officers serving under them who were empowered to perform arrests, even of dignitaries.[30] In the Inca Empire, officials called curaca enforced the law among the households they were assigned to oversee, with inspectors known as tokoyrikoq (lit. 'he who sees all') also stationed throughout the provinces to keep order.[31][32]

a common feature is a top-down approach. In contrast:

Quote
The English system of maintaining public order since the Norman conquest was a private system of tithings known as the mutual pledge system. This system was introduced under Alfred the Great. Communities were divided into groups of ten families called tithings, each of which was overseen by a chief tithingman. Every household head was responsible for the good behavior of his own family and the good behavior of other members of his tithing. Every male aged 12 and over was required to participate in a tithing. Members of tithings were responsible for raising "hue and cry" upon witnessing or learning of a crime, and the men of his tithing were responsible for capturing the criminal.
...
Following the Norman conquest of England in 1066, the tithing system was tightened with the frankpledge system. By the end of the 13th century, the office of constable developed. Constables had the same responsibilities as chief tithingmen and additionally as royal officers. The constable was elected by his parish every year.
...
From about 1500, private watchmen were funded by private individuals and organisations to carry out police functions. They were later nicknamed 'Charlies', probably after the reigning monarch King Charles II. Thief-takers were also rewarded for catching thieves and returning the stolen property. They were private individuals usually hired by crime victims.
...
Up to the early 18th century, the level of state involvement in law enforcement in Britain was low. Although some law enforcement officials existed in the form of constables and watchmen, there was no organized police force.
...
Law enforcement was mostly up to the private citizens, who had the right and duty to prosecute crimes in which they were involved or in which they were not.
...
Thief-takers became infamously known not so much for what they were supposed to do, catching real criminals and prosecuting them, as for "setting themselves up as intermediaries between victims and their attackers, extracting payments for the return of stolen goods and using the threat of prosecution to keep offenders in thrall". Some of them, such as Jonathan Wild, became infamous at the time for staging robberies in order to receive the reward.[46][47]

Thus the rightist feeling as presented in the article you linked to:

Quote
Policing is best accomplished as a uniquely local endeavor. The police are a part of the communities they serve, and centralizing them in Washington would change that for the worse.

is in line with the latter approach.

rp

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Re: Legal decolonization
« Reply #16 on: May 18, 2022, 10:40:00 pm »
We see the contrast in the (non-Western) autocratic approach versus the (Western) democratic approach.

90sRetroFan

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Re: Legal decolonization
« Reply #17 on: June 08, 2022, 08:15:17 pm »
This is what decolonization is about:

https://www.yahoo.com/news/taliban-detain-afghan-fashion-model-120330348.html

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ISLAMABAD (AP) — The Taliban have arrested a well-known Afghan fashion model and three of his colleagues, accusing them of disrespecting Islam and the Quran, the Muslim holy book, according to videos released by Afghanistan's new rulers.

Ajmal Haqiqi — known for his fashion shows, YouTube clips and modeling events — appeared handcuffed in videos posted on Twitter by the Taliban intelligence agency on Tuesday.

In one widely circulated and contentious video, Haqiqi is seen laughing as his colleague Ghulam Sakhi — who is known to have a speech impediment that he uses for humor — recites verses of the Quran in Arabic, in a comical voice.

This is Haqiqi:



Quote
Later Wednesday, Amnesty International released a statement, urging the Taliban to “immediately and unconditionally” release Haqiqi and his colleagues.

No, cut off their tongues one slice at a time!

rp

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Re: Monetary Wealth
« Reply #18 on: June 19, 2022, 02:44:31 pm »
Bankruptcy:

https://en.wikipedia.org/wiki/Bankruptcy

Quote
Bankruptcy is a legal process through which people or other entities who cannot repay debts to creditors may seek relief from some or all of their debts. In most jurisdictions, bankruptcy is imposed by a court order, often initiated by the debtor.

is another Western institution spread around the world during the colonial era that has been thoughtlessly continued, but which we need to get rid of. It is an institution that favours people who take risks with money, since if it goes well they keep the profits, but if it goes badly they are insulated from the consequences:



It is strategically sensible for capitalism to support bankruptcy as capitalism wants more people to take risks with money (so that some succeed). By eliminating bankruptcy, we would also weaken capitalism as a whole, as people would become more cautious with money.

So where does bankruptcy come from?

https://en.wikipedia.org/wiki/History_of_bankruptcy_law

Quote
In Judaism and the Torah, or Old Testament, every seventh year is decreed by Mosaic Law as a Sabbatical year wherein the release of all debts that are owed by members of the Jewish community is mandated, but not of "gentiles".[1] The seventh Sabbatical year, or forty-ninth year, is then followed by another Sabbatical year known as the Year of Jubilee wherein the release of all debts is mandated, for fellow community members and foreigners alike, and the release of all debt-slaves is also mandated.[2] The Year of Jubilee is announced in advance on the Day of Atonement, or the tenth day of the seventh Biblical month, in the forty-ninth year by the blowing of trumpets throughout the land of Israel.

https://en.wikipedia.org/wiki/Bankruptcy_Act_1705

Quote
Under the Act, the Lord Chancellor was given power to discharge bankrupts, once disclosure of all assets and various procedures had been fulfilled.

Discharge from debt was introduced for those who cooperated with creditors.

I heard from that in some non-Western countries, borrowers would commit suicide out of honor if they defaulted on their loans. It seems that this honor based code has all but vanished now, with the predominance of guiltless Western culture.

90sRetroFan

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Re: Legal decolonization
« Reply #19 on: June 20, 2022, 02:30:07 am »
Excellent!

https://finance.yahoo.com/news/hong-kong-lawyers-next-target-210000651.html

Quote
(Bloomberg) -- Veteran human rights lawyer Michael Vidler decided it was too dangerous to work in Hong Kong the moment a judge designated to handle national security law cases implied offering legal support to democracy activists could be a crime.
...
“It was deeply disturbing for me as a lawyer to be, in essence, accused of inciting a crime because a potential client had a piece of paper on him which listed my firm as a source of legal advice and assistance,” said Vidler, who previously defended now-jailed democracy activist Joshua Wong and won a landmark appeal that recognized spousal visas for same sex couples.
...
Vidler left Hong Kong in May after almost two decades working in the former British colony, and closed his law firm shortly after. His experience reflects growing concern that Hong Kong’s rule of law, for decades a foundational pillar of its standing as an international financial center, is becoming more influenced by the mainland where the Communist Party controls the courts.

Now will someone track down this Western colonialist and finish him off?

Quote
Authorities have ramped up pressure on lawyers who’ve defended some of the 10,000 protesters arrested during the 2019 unrest. Prominent barrister Margaret Ng was arrested over her work with a fund providing financial aid to activists, with police reporting other lawyers to their professional bodies for misconduct unearthed in that investigation. She has denied the charges and a court hearing is set for Sept. 19.

Former Hong Kong Bar Association chief and human rights lawyer Paul Harris left the city in March after being questioned by national security police.

And hopefully the same for this Western colonialist?

Quote
“Any degradation of Hong Kong’s strong rule-of-law tradition by hollowing out rule-of-law-related institutions will not be favorable to the security of international investments and finance,” said Michael Davis, a professor of law and international affairs at O.P. Jindal Global University in India, and former law professor at the University of Hong Kong.

That's what we want! (And hopefully the same treatment as above for this Western colonialist?)

Quote
Keith Richburg, head of the Foreign Correspondents’ Club, Hong Kong, said the board suspended its longstanding Human Rights Press Awards earlier this year after lawyers advised him the police would probably investigate the organization for “aiding, promoting or celebrating sedition,” according to a recording of a meeting with local journalists to explain the decision.

This Western colonialist apparently hasn't left, so the government should hang him in public!

Quote
Perhaps most significantly, it changed the rules for bail by removing the presumption of innocence, a precedent that’s seen scores of defendants jailed for more than a year without a trial and has since been expanded to other crimes with a security element.

Thank you! The unethicality of bail was previously explained here:

https://trueleft.createaforum.com/issues/legal-decolonization/msg752/#msg752

Continuing:

Quote
So far, all four security law cases that have come to trial have resulted in guilty verdicts, with the sole defendant who fought charges denied a reduction in sentence in part because he chose not to plead guilty.

I dislike the practice of guilty pleas leading to reduced sentences, though. A guilty plea does not reduce the initial crime, therefore should not reduce the sentence for that crime. Reducing the sentence on account of a guilty plea amounts to reducing the sentence in in exchange for less work for the judge, which in an honourable world would be interpreted as the judge accepting a bribe from the criminal.

Quote
Despite fears for the legal protection of civil liberties, four lawyers who either currently practice or recently worked in Hong Kong said there appears to be an expectation in the business community that other areas of law won’t be eroded, which they considered to be misguided. All four spoke on the condition of anonymity.

“Commercial law won’t be interfered with because that’s one of the pillars of Hong Kong being an international center for business, trade, and finance,” said George Cautherley, vice chairman of the International Chamber of Commerce in the city.

This Western colonialist (who apparently also hasn't left) should also be hanged in public.

« Last Edit: June 20, 2022, 03:00:37 am by 90sRetroFan »

90sRetroFan

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Re: Legal decolonization
« Reply #20 on: June 27, 2022, 09:50:16 pm »
Finally some American radicalism:

https://www.yahoo.com/lifestyle/constitution-literally-written-slaveowners-why-203000305.html

Quote
The Constitution Was Literally Written By Slaveowners. Why Is America Obsessed With Upholding It?

Last week, the Supreme Court eviscerated a woman’s right to abortion, undermined Miranda rights, expanded gun rights and allowed border patrol agents to operate with even further impunity. Today, it ruled that a former Washington state high school football coach can pray on the field immediately after games—regardless of the religious backgrounds of the students.
...
The primary authors consisted of: John Adams, Thomas Paine, Thomas Jefferson, and James Madison. The last two men on that list owned slaves. How can this set of laws still guide a nation when it was concocted by white men who looked at Black people as property and not as human?
...
It’s clear that the right will continue to twist and contort anything they can to carry out their agenda—an agenda that has and will always harm this country’s most marginalized and vulnerable populations. And honestly, the Constitution will always be a hell of an excuse to oppress Black folks on behalf of white supremacy.

90sRetroFan

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Re: Legal decolonization
« Reply #21 on: August 12, 2022, 08:50:17 pm »
The pushback against compulsory schooling (a uniquely Western institution) begins!

« Last Edit: August 12, 2022, 08:51:48 pm by 90sRetroFan »

90sRetroFan

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Re: Legal decolonization
« Reply #22 on: August 17, 2022, 03:46:43 pm »
Continuing from:

https://trueleft.createaforum.com/issues/legal-decolonization/msg7280/?topicseen#msg7280

now:

https://finance.yahoo.com/news/hong-kong-denies-democracy-advocates-042608391.html

Quote
(Bloomberg) -- Hong Kong has denied a jury trial to dozens of democracy advocates facing life in prison under a China-imposed national security law, according to local media, raising concerns over the rule of law in the former British colony.

Justice Secretary Paul Lam ordered the city’s largest national security case to be held before a panel of three handpicked judges in a document dated last Saturday, the South China Morning Post reported Wednesday.

His decision upholds a break with Hong Kong’s common law judicial tradition in such cases -- so far, no national security law defendant has been granted a jury.

Keep it up! Juries never existed in any non-Western civilization; this is something that all non-Westerners should be proud of!

Quote
Lam wrote that a jury trial carried “a real risk that the due administration of justice might be impaired,” according to the newspaper, which saw the document. He named “involvement of foreign factors” and the “personal safety of jurors” as reasons for the decision, citing provisions in the law for mandating a trial by judge.

Thank you. But if so, why not eliminate juries altogether?

Quote
Some 30 of the defendants, who include organizers of the 2019 anti-government protests and already jailed activist Joshua Wong, have been held without bail for more than a year
...
Three former leaders of the Hong Kong Alliance in Support of Patriotic Democratic Movements of China have been denied bail since being charged with subversion last September, with only basic details being reported from their court appearances.

Bail should also be eliminated, as previously discussed:

https://trueleft.createaforum.com/issues/legal-decolonization/msg752/?topicseen#msg752

90sRetroFan

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Re: Legal decolonization
« Reply #23 on: August 21, 2022, 05:58:41 pm »
Victory:

https://www.yahoo.com/news/singapore-decriminalize-sex-between-men-153034019.html

Quote
LGBTQ groups welcomed Lee's decision to repeal Section 377A of the penal code, a colonial-era law that criminalizes sex between men



As we keep emphasizing, homophobia is Western:

https://en.wikipedia.org/wiki/LGBT_history_in_Singapore

Quote
traditional Malay culture did not contain the idea or the figure of the modern gay individual. However, Malay society did acknowledge the reality and existence of alternatives to heterosexual practices. ‘Third gender’ or transgender individuals, who are called mak nyah, were socially recognised, tolerated and even incorporated into community life.
...
Bret Hinsch in chapter 6 of his book 'Passions of the Cut Sleeve: the Male Homosexual Tradition in China' has detailed evidence, derived from the works of literati Li Yu and Shen De Fu, of institutionalised gay marriage practices amongst Hokkien men in Ming dynasty China.[3][4] The subculture was exported along with the human tide into Singapore and practised discreetly in an alien environment which officially espoused Victorian values.
...
As with other British colonies, Singapore acquired a legal system and law modelled after Britain. Victorian values were codified into strict laws governing sexual behaviour in the United Kingdom, and these were brought to the colonies. The colonial legal system criminalised sodomy (see section 377 of the Singapore Penal Code). These laws reinforced the values of the ruling British elite, which set the tone for other classes and ethnicities to emulate, at least on the surface. Over time, and to appear equally 'civilised' many Asians disavowed their longstanding cultural tolerance of sexual minorities.
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When the Japanese invaded Singapore in February 1942, Japanese laws replaced previous colonial laws. Gay sex was never criminalised in Japan and would now have been technically legal in Singapore.
...
The growing popularity of travel to Thailand and Japan in the late 1970s also introduced Singaporeans to traditional Asian societies that were more accepting of homosexuals.

The problem is that illiterates were in power, and they inverted reality:

Quote
Singapore's rapid economic growth had been attributed by its leaders to 'Asian values'. The promotion of these ideas by Singaporean leaders fostered a climate of social conservatism. Against this backdrop, gays were perceived as a threat to Asian values and a sign of the emergence of decadent Western liberalism and individualism.

This truth is the exact opposite! It was Western civilization which perceived "gays" as a threat to its values! Then again, what can we expect from anyone who uses the Eurocentric term "Asian" (itself a colonial-era Western concept) to describe themselves? Maybe they are correct: if "Asian values" means perceiving oneself as a servile imitator of Western civilization, then of course you would perceive "gays" as a threat to your West-worship.....

See also:

https://trueleft.createaforum.com/issues/social-decolonization/msg7480/#msg7480

https://trueleft.createaforum.com/issues/social-decolonization/msg14795/#msg14795

https://trueleft.createaforum.com/ancient-world/inspired-by-muhammad/msg13353/#msg13353

https://trueleft.createaforum.com/colonial-era/homophobia-is-not-american/msg671/#msg671

https://trueleft.createaforum.com/colonial-era/homophobia-is-not-american/msg6187/#msg6187

https://trueleft.createaforum.com/colonial-era/homophobia-is-not-american/msg9187/#msg9187

Bonus song:

https://www.youtube.com/watch?v=-lQICEOGtdQ
« Last Edit: August 21, 2022, 06:23:25 pm by 90sRetroFan »