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Zusatztext "A devastating indictment of our current system of justice and a call to arms to restore hard-earned protections of human freedom that are now routinely violated by government officials" Milton Friedman " The Tyranny of Good Intentions is a bold defense of our fundamental freedoms. It demonstrates that government oppression is not a right-left issue! but rather a universal evil that should be resisted by all free people. It demonstrates why conservatives and liberals who despise tyranny must unite against statists of both the right and the left who falsely believe that partisan ends justify depravations of liberty. . . . When rights are subordinated to government power! the first steps toward tyranny are taken." Alan Dershowitz! author of The Genesis of Justice "In The Tyranny of Good Intentions! Paul Craig Roberts and Lawrence Stratton combine writing talent with their genius for legal analysis to create a much-needed firewall against the current steady erosion of the rights of U.S. citizens." G. Gordon Liddy "I went to law school to understand law's role in society! but was taught instead that government lawyers should run society from on high with little need to comply with time-honored rules designed to keep them honest and accountable to the society. Roberts and Stratton reveal the roots of the problem. How strange it is that I! a law professor! learned so much about the law from a book whose lead author is an economist." David Schoenbrod! professor! New York Law School Roberts and Stratton! who performed a huge service to the rights and liberties of all of us in their original edition of Tyranny! now bring their important book into the era of the War on Terror. Their original book warned us things would get worse! and! sure enough! they have. Harvey Silverglate! former head of the Massachusetts ACLU Roberts and Stratton show that even though the War on Terror has failed to make America safer! the government's assault on the U.S. Constitution has been a sterling success. Professor Richard Moran! author of Executioner's Current Informationen zum Autor PAUL CRAIG ROBERTS was assistant secretary of the Treasury in the Reagan administration, a university professor, and an associate editor of The Wall Street Journal. He is a nationally syndicated columnist for Creators Syndicate. LAWRENCE M. STRATTON is a Ph.D. candidate in Christian Ethics at Princeton Theological Seminary and a former adjunct professor of Georgetown University Law Center. He is currently on the adjunct Ethics faculty of Villanova University. Klappentext In this updated and expanded edition of The Tyranny of Good Intentions , Paul Craig Roberts and Lawrence M. Stratton renew their valiant campaign to reclaim that which is rightly ours-liberty protected by the rule of law. They show how crusading legislators and unfair prosecutors are remaking American law into a weapon wielded by the government and how the erosion of the legal principles we hold dear-such as habeas corpus and the prohibition against self-incrimination-is destroying the presumption of innocence. A new introduction and new chapters cover recent marquee cases and make this provocative book essential reading for anyone who cringes at the thought of unbridled state power and sees our civil liberties slowly slipping away in the name of the War on Drugs, the War on Crime, and the War on Terror.chapter one - THE LAW AS SHIELD: THE RIGHTS OF ENGLISHMEN Four years into the devil's decade of the 1930s, a period of high unemployment, a series of articles in the London Times on depressed regions within England pierced the British conscience. Among the Places without a Future were the once prosperous coal fields of Durham in northeast England, which had a 37 percent unemployment rate. County Durham wasn't a pretty pi...
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Paul Craig Roberts and Lawrence M. Stratton
Texte du rabat
In this updated and expanded edition of The Tyranny of Good Intentions, Paul Craig Roberts and Lawrence M. Stratton renew their valiant campaign to reclaim that which is rightly ours-liberty protected by the rule of law. They show how crusading legislators and unfair prosecutors are remaking American law into a weapon wielded by the government and how the erosion of the legal principles we hold dear-such as habeas corpus and the prohibition against self-incrimination-is destroying the presumption of innocence. A new introduction and new chapters cover recent marquee cases and make this provocative book essential reading for anyone who cringes at the thought of unbridled state power and sees our civil liberties slowly slipping away in the name of the War on Drugs, the War on Crime, and the War on Terror.
Échantillon de lecture
chapter one
THE LAW AS SHIELD:
THE RIGHTS OF ENGLISHMEN
Four years into the “devil’s decade” of the 1930s, a period of high unemployment, a series of articles in the London Times on depressed regions within England pierced the British conscience. Among the “Places without a Future” were the once prosperous coal fields of Durham in northeast England, which had a 37 percent unemployment rate.
County Durham wasn’t a pretty picture. Herbert Pike Pease Daryngton, a member of the British House of Lords, wrote a letter to the Times saying that “your articles on ‘Desolate Durham’ are moving beyond words.” Indeed they were. The coal pits, which had supported densely populated villages in which miners lived with their families in small row houses, were closed, leaving the inhabitants of entire precincts unemployed. A miner’s weekly dole payment was the only thing standing between his family and starvation.
Economic life is always uncertain. At various times, stock market crashes and speculative busts have wiped out the rich, droughts and floods have ruined farmers, and when government mismanages monetary policy or technology makes an industry obsolete, the hardships for ordinary people can be extreme. Sometimes the hardships of famine are combined with the hardships of lawlessness, as in Somalia in 1992, a situation so bad that it prompted an American intervention from half a world away. But in 1934 the unemployed Durham coal miners, Lancashire textile mill workers, and Jarrow shipyard workers who marched on London were totally secure in law.
The legal security that the poor share with the wealthy is based on a set of principles known as the Rights of Englishmen. These rights serve as armor against capricious arrest, confiscation of property, and deprivation of life, limb, and liberty, and they protect every “Englishman” against predatory actions of government. The rights flow from a unique conception of law, but they were not handed down from above as natural law carved in stone. Rather, they are human achievements, fought for by those who believed in them.
Readers influenced by Marxist historians or immersed in the class warfare rhetoric of American politics may find it startling that the rich and the poor have the same legal rights. It is true that a person with more money can purchase better legal services than a person with less money, just as a person with more money can purchase more expensive clothes, housing, medical care, transportation, food, entertainment, and education for his children. The beauty of the English legal tradition lies in the elimination of legal, not economic, differences. Equality under law was achieved by eliminating class- or status-based legal rights. The laws apply equally to everyone regardless of income, wealth, or position.
The Rights of Englishmen are the product of a long struggle to establish the people’s sovereignty over the law. The struggle began in England during the ninth century, when King Alfred the Great codified the common law. It moved forward with the Magna Carta in 1215, and culminated with the Glorious Rev…