Editor: I. Mallikarjuna Sharma Volume 11: 15-31 March 2015 No. 5-6

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16 A Historical View of Law (V.V. Reddy) (2015) 1 LAW assets was raised upwards. There are anticorruption laws on the statute book, but they are toothless. As a result, black money is generated and deposited in Swiss banks, amounting to thousands of million dollars. Successive governments promised to bring back the black money, but in vain. [This shows the power of black money and how percipient and pertinent is that] Lord Acton’s remark: “Power corrupts, and absolute power corrupts absolutely.” 14 Conclusion: Law by its very nature is negative. It orders people “not to do this or that – else you will be punished.” Therefore, people obey law out of fear of being fined or jailed. Still, lawbreakers abound – from ordinary thieves to big land-grabbers. The former cannot defend themselves by hiring lawyers, while the latter can afford going from the lower to the higher courts. Therefore, years, sometimes, decades, elapse, before justice is delivered. So, it is said: “Justice delayed is justice denied.” Then, what is Justice? It is an abstract word, difficult to be defined. Further, what was Justice in the past may become injustice today e.g. slavery. Likewise, charging interest on loans was considered immoral by Christianity, but under Capitalism it is lawful. Similarly, prostitution is still considered immoral, but it is an existing fact. When a fact is not recognized by law, it is no more a law. Dowry is banned by law, but the custom proved stronger. So there are few instances in India, where dowry is not given and taken. The same is the case with child marriages. Well then, what is the use of such law, when it cannot be enforced? * * * * * 14 “I cannot accept your canon that we are to judge Pope and King unlike other men, with a favorable presumption that they did no wrong. If there is any presumption it is the other way against holders of power, increasing as the power increases. Historic responsibility [that is, the later judgment of historians] has to make up for the want of legal responsibility [that is, legal consequences during the rulers' lifetimes]. Power tends to corrupt and absolute power corrupts absolutely. Great men are almost always bad men, even when they exercise influence and not authority: still more when you super-add the tendency or the certainty of corruption by authority.” - Lord Acton (John Emerich Edward Dalberg) in his Letter to Archbishop Mandell Creighton (Apr. 5, 1887). PLEASE NOTE Two precious research based books on some aspects of freedom struggle in India, published by Marxist Study Forum, available for sale at 40% discount for individuals. 1. REMEMBERING OUR REVOLUTIONARIES (Price: Rs. 300/-) by Prof. Satyavrata Ghosh; Ed: I.M. Sharma 2. EASTER REBELLION IN INDIA: THE CHITTAGONG UPRISING by I. Mallikarjuna Sharma, Price: Rs. 360/-. “Recognized even by the British adversaries as ‘an amazing and daring coup’ which brought an ‘electric effect’ and ‘changed the entire outlook of the Bengal revolutionaries’, the Chittagong Uprising played a glorious role and occupies an important place in the history of the Indian Freedom Struggle. In addition to giving rise to an unprecedented surge of revolutionary action by the Bengali youth, it also inspired lakhs of people all over India and gave a great fillip to the national movement. The historic role of the armed revolutionaries in our struggle for independence is generally overlooked or cast aside with mere lip service. The same fate generally befell the Chittagong revolutionaries too. This book as if atones for the general wrong done to these heroic rebels. It contains several precious and informative articles about the Irish Easter Rebellion and its inspiration to the Indian revolutionaries, and about the daring deeds and glowing sacrifices of the Chittagong revolutionaries led by Masterda Surya Sen… A book not to be missed by serious students of history or devoted patriots of the motherland…” MO/Cheques/DDs to be sent in favour of: I. MALLIKARJUNA SHARMA, H. No. 6-3-243/156, M.S. Makta, Opp. Raj Bhavan, HYDERABAD - 500 082 (A.P.) (Please add Rs. 75/- service charges) Law Animated World, 15-31 March 2015 16
THE ZIETGEIST MOVEMENT : A NEW TRAIN OF THOUGHT ♣ PART III: A NEW TRAIN OF THOUGHT 15. THE INDUSTRIAL GOVERNMENT- Modern politics is business politics...This is true both of foreign and domestic policy. Legislation, police surveillance, the administration of justice, the military and diplomatic service, all are chiefly concerned with business relations, pecuniary interests, and they have little more than an incidental bearing on other human interests. 789 -Thorstein Veblen Political v. Technical Governance The nature and unfolding of the politically driven model of representative democracy, legislation creation and the sanctioned enforcement of law, are all borne out of natural tendencies inherent to the act of commerce and trade, operating within a scarcity-driven social order. The development of this commercial regulation and the rationale behind the very existence of “state governance” is quite easy to trace historically. After the Neolithic revolution, humanity's once nomadic patterns shifted toward a new propensity to farm, settle and create towns. Specialization flourished and trade was hence inevitable. However, given the possibility for imbalance and dispute, as regional populations grew and regional resources often became more scarce, a security and regulatory practice manifested to protect a community's land, property, trade integrity and the like. The use of an “army”, which is sanctioned to protect by public decree, became standardized, along with an adjacent legal or regulatory authority complex, sanctioned to essentially give power to a set group of officials which facilitate such policy creation, enforcement, trials, punishment practices and the like. ♣ Courtesy: http://www.thezeitgeistmovement.com/; slightly edited; continued from Law Animated World, 28 February 2015 issue; emphases in bold ours - IMS. 789 The Theory of Business Enterprise, Thorstein Veblen, p. 269. This is mentioned here as there are many schools of economic thought in the early 21 st century that talk about reducing or even removing the state apparatus entirely, falsely assuming the state itself is a separate entity and the starting point of blame for current societal woes or economic inefficiencies. Yet, on the other side of the debate spectrum is a general cry for increased state regulation of the market to ensure more limits on business manipulation and hence work to avoid what has been often perceived as “crony capitalism”. 790 The truth of the matter is that this polarizing, false duality between the “state” and the “market” is blind to the true root cause of what is actually causing problems, not realizing that the dyad of state and market synergy is, in reality, a single power system in play, at once. Irrespective of the merit of any specific argument as to the favoring of the “free market” vs. the favoring of “state regulation”, all business dealings have historically required some level of legal mediation. This is because all transactions are a form of competition and all competition invites the possibility of fraud or abuse, given the natural pressure of external circumstances and the nature of survival itself, within the bounds of the scarcity-based market. The fact is, any form of commerce that exists in this scarcity-reinforced worldview, will manifest so-called “corrupt” or dishonest behavior constantly. It is firmly incentivized. The degree of corruption itself even becomes a matter of opinion, in fact. The line between accepted business acumen and blatant 790 “Crony Capitalism” is defined as "A description of capitalist society as being based on the close relationships between businessmen and the state. Instead of success being determined by a free market and the rule of law, the success of a business is dependent on the favoritism that is shown to it by the ruling government in the form of tax breaks, government grants and other incentives" [ http://www. investopedia.com/terms/c/cronycapitalism.asp]. It is important to note that TZM does not believe in this distinction as it falsely assumes such collusion is avoidable. 17 Law Animated World, 15-31 March 2015
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DISENGAGE WITH PAKISTAN COMPLETELY
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LEGENDARY HOCKEY PLAYER DHYAN CHAND
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Editor: I. Mallikarjuna Sharma Volume 11: 15-31 March 2015 No. 5-6

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