User:Average/Hack the Law
This page is for hacking the law, as in mastering the law -- not chopping it up [like a lawyer]. For that see, the wiki Category:Law.
Lesson on Hack the Law #1: Foundations
Regardless of all the degrees, police uniforms, and the TV drama, the foundations of Law are held by only two basic pillars: liberty and justice for all. That's it. No law degree necessary, compadre. That's what the American Revolution was fought for, that's what it states in the (US) Pledge of Allegiance chanted by schoolchildren, and that is all that must prevail in the world of humans. The Bar Association has been a monopoly in America, a holdover from the aristocracy and intimidating the People from claiming their power, so take it back.
Philosophically and legally the notion of liberty must go as far as another's liberty begins. Simple, but powerful! At that boundary, in the best of cases, you can negotiate. When you can't, you have the second part: justice for all. When two people can't do it by themselves, a third party is made to intervene, and that's the purpose of the courts.
These pillars held up the existing Constitution -- a written set of rules to enact a system "of, by, and for the People". If or when the existing system fails, Jefferson says to tear it down. So, let's find what went wrong and rewrite a new, stronger Constitution to rebuild it as intended -- towards a perfect union. Such tension is forming the basis for fixing the world and creating a virtuous world government.
You may ask why everyone's failing so bad at it, "if the law is that simple"... and that's why you find the hackers and the activists. These principles are recorded in the United States Pledge of Allegiance and should hold sway where-ever the flag holds power. Remember that, and use it to your advantage when fighting to make the world right.
Hack the Law #2: Power
The Constitution was smart enough to balance the power among three branches, but you can be the hidden "fourth branch": the People. It might be too tough or too much effort to get elected, so do this: don't. Get arrested for something you know should be lawful, and then p0wn those mofos in the courts. Do you think there was a Chief of Police Branch in the Constitution? NO.
The Spirit and Letter of the Law are unambiguously in the hands of the People, but it can't keep it there by itself as long as the "all-seeing-eye" is around. But you also have to believe in the Constitution, otherwise it will see you as a virus.
Do it with strategy, smoke 'em sweetly: rather than get in the face of a cop, just mind your own liberty, and let them come to you. They like it. If you have the resources of the peaceful warrior, you can set it up to be perfect. Maybe you just want to eat an ice cream cone on the sidewalk. Don't fight them, just be confident in your liberties and then show the judge that your offending officer misused the power by taking upon themselves to detain your liberty when no one had complained.
Hack the Law #3: Contracts
The legal establishment has been lax, while at the same time since everyone else was too intimidated by the law, they picked up enormous amounts of power that no one else was possessing.
Written contracts are an example of that. While it behooves every party in an agreement to understand each other, much of the material in there is for the legal establishment, not the people who are actually involved. But since you know the law is for the People, you know you don't have to be so worried about it so much. Worry about not being understood by the people you're getting into an agreement with -- not the legal establishment.
Once you each understand each other, put down as much as you can in writing to make it clear for future reference to/for all parties involved and get everyone to sign off on it. Provide exact duplicates from a copier, so there's no doubt.
Hack the Law #4: Separation of State
The Founders rightly settled on a Separation of Church and State, even though they were Deists, for it prevented an unnecessary conflict that they couldn't yet resolve, obstructing the hope of a perfect union. There was no unified religion.
Moreover, there is a further note worth mentioning: the Seperation of Economia and State -- not privileging any type of economic system over other. The current Constitution makes no mention of capitalism, even though that is what flourished and dominated in a world of independence and the Christian Doctrine of Free Will. The Constitution can accommodate socialism equally well, so don't be intimidated making your garden co-operatives. Don't let capitalists fool you, there is no right to profit nor a right to property unless you create it or bought it from the one who created it (recursively onward).
This latter point is especially poignant in the Americas, where the Natives were found here first and no hard-working American made this land -- so you can rightfully conclude that current notions of property law benefit the conquerers and the opportunists -- not the ideals of the Constitution.
Hack the Law #5: Government
Know how government works and how it's designed to work -- regardless of how poorly the current incumbents might be at it. The purpose of the Constitution was to prevent tyranny. That's why there are three branches of power: to check and balance each other: executive, legislative, and judicial.
The Legislative writes the "letter of the law", and the Executive (nominally) upholds the laws as written. The Judges are the ones commissioned with upholding the spirit of the law -- not the letter of the law. That's a very important distinction. And it's very important to the activist who's trying to fix the system, because you must appeal to the higher ideals, quite encoded in Jefferson's Declaration of Independence. Most police are operating on their own -- not by the directives of any elected leaders. It doesn't matter if you "broke" a law, the law has to be in line with the Spirit before you're judged "guilty" of it.
For greater detail and analysis of the three branches and what went wrong with America, see Government.
Hack the Law #6: Individuals vs. the State
Foundationally, a Corporation or a Nation requires the notion of property. How else can they operate or exert power? Without land property they don't have a "leg to stand on". What is property? The exclusive access to something you own. But what do you have a right to own? That which you have created. What has the Corporation or the Nation created? Well.... ;^D
- They didn't create the land by all their "hard-working initiative". Nope.
- They didn't create the natural resources (oil, gold, timber), except to some right as they extracted, planted, or tended to it. No... no yankee ingenuity made all that labor happen. That's about several trillion in public wealth right there made by our Earth, hobbit.
That's probably enough for a good battle right there. As an individual, you are victim of theft. Lost your right to live without paying the Man for what God gave for free? The US founding documents use the word and concept of "God", so you might as well use it to your advantage. To grow food for yourself, or even to pick an apple off of a tree when you're hungry? To sleep where it doesn't harm anyone or property? Remember: the best ammo against Christians is the Bible itself.
There is no "right to property". If you're exercising your right to protest in a public forum, do not miss the opportunity to win your case against the police. The "Ace up your sleeve" is that the American Indian did not get a voice in this system and has been reduced to living on reservations without liberty or justice: forced to respect the White (now Black) Man's Law. Have you ever heard of "Red Man History Month?" "Might makes Right" should not be good enough for any real Judge and if they use that argument, you look them right in the eye, point to the American flag, and remind them that they are not here to represent their personal opinion, but to uphold the spirit of America, which remember was about freedom, justice, end of tyranny, etc., without which they don't have America and the "principles on which it stands".
If you like these kind of challenges, you should check out the Business Plan, a real-world PLAN, where you can test out these techniques and build up a character. -:^V
Practical steps[edit]
Been nabbed and thrown into jail? Shaking in your pants? Shucks, the fuzz got a point. BUT you can get it back -- with double credits. The law doesn't end until the Judge decides. And even then, you have rights to appeal. Letting people know your intentions (perhaps the Press) can help you avoid being put under duress where they get more power because no one is worrying about you.
First of all, know your rights. Nothing is superior to a strong foundation. The federal law guarantees you a fair and speedy trial. They won't be usurping that anytime soon.
"Fair" means that circumstances that the written law didn't (nor couldn't) determine must be taken into account to see whether you've truly aggrieved "the people". "Speedy" trial means that you should have an arraignment (a simple, perhaps virtual, hearing where a court date is set) within 24hrs. It's at this point, you should make any argument against keeping you because of concerns that you'll flee, become violent, or otherwise a threat to the public trust. If they have no solid reason to detain you before your court date, you should be free to go. You need to know know this, because you might not get to have a public defender until your court date.
Most defendents like yourself are simply so terribly uninformed that they get intimidated as soon as they get checked in to their holding facility. Be prepared: you're going to be stripped of power right away: your clothes, your capacity to argue (it takes two, and they tune out), your ID/money/possessions. If this were some country outside America, this would be considered dehumanizing.
If you win your case, you can charge the government for your time. Be sure to mention this to officials. Lost $1000 of work? Your kids home without their mother? Have medical issues? Mention any items that may seriously compromise your life to the bailiffs or deputies holding you. Anything else and the Court will need to justify holding you on the city's behalf or the city will have to pay.
Be sure to observe any mistreatment, so you can inform the Judge on things their separation of power is supposed to protect. You may be able to plea bargain before speaking to the Judge if they're afraid of you.
See also:
- ACLU (aclu.org)
