454 Not Prohibited is Legal
2018-08-09
Politics & Philosophy
<p>The foundation of modern democratic States is Rule of Law, which is the legal principle that someone cannot be punished for doing something that is not prohibited by law; in Latin “Nulla poena sine lege,” “no penalty without a law,” because like most things legal, it was codified into Roman Law. However, law is not treated the same from one nation to the next; in fact, in legal circles, a humorous sophism has emerged:</p> <p style="margin-bottom: 0in;">In England, "everything which is not forbidden is allowed;" in Germany, "everything which is not allowed is forbidden;" in France, "everything is allowed even if it is forbidden;" and Russia where "everything is forbidden, even that which is expressly allowed;” while in North Korea, "everything that is not forbidden is compulsory."</p> <p style="margin-bottom: 0in;">Truth underlies that stereotype because laws are either reflections of societies or societies are reflections of laws, it's difficult to say; people have to want to abide by laws for them to work. Unfortunately, scofflaws undermine all laws, and a law that is not enforced makes it difficult to enforce all laws. There is a delicate balance by those who would like to prohibit things for their own selfish reasons versus those who would exploit the freedom of no supervision for their own selfish reasons; let it swing too far one way and anarchy results, and too far the other and America ends up as a punch line in a limerick.</p> <p> </p>
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