Skip to content
December 30, 2019 / Congau

Court of Injustice

There is no justice in a court of justice. The legal institution is there to punish; to make sure that whoever deserves what is bad, gets what is bad. Sometimes, it is true, compensations are given for damage, but never does it bestow a reward.

When we ask for justice, when we lament how life neglects to give us our fair share, it’s all the good things we are missing. We don’t complain when we escape punishment. Justice is goodness for ourselves and badness for the undeserving others.

Life is not just. We know we don’t get what we deserve for hard work and good intentions. If we use our imagination, we realize that other people live in the same predicament, but our cry to the heaven concerns only ourselves.

Earthly authorities are evoked when providence has failed to give to others the misery so generously bestowed onto us. Our neighbors hurt us, and justice demands revenge, we think.

The court of justice keeps taking away and reducing the goods of the community and we think it fair. If someone has too much, it must be removed, not to be given to someone else, but to be eliminated. We can’t tolerate that a criminal lives in freedom; the freedom must be taken away and destroyed. We put him in jail, and no one enjoys the freedom he lost; no one has gained, and we call it justice.

Put a danger in jail, and the danger is gone; maybe it is a solution, but it is not justice.

Justice is the right distribution; if something is taken away it should be given to someone else. Less is never more.

Call it a warning or call it revenge, but don’t call it justice. If we don’t deserve what is bad, no one does.

December 29, 2019 / Congau

Checkmate!

Don’t demand that everything be useful. The best things in life are useless.

What we need is just prosaic stuff to sustain plain life: Food and drink and maybe shelter, and for that we must work and toil.

Eat to live and live to eat; only food is useful and anything that doesn’t partake in the production of food is useless. But what is the meaning of a life that has no other purpose than staying alive?

That’s why we play; that’s why we want to have fun: To give life meaning.

The more useless, the farther removed from dreary food production, the more fun and the more meaningful.

But the fun should still keep a connection to life or else it forms a separate world and the so-called real life remains as dull as before.

Sports is playing games with the body, so it’s both fun and real. – Art is a game of imitating life and searching for its essence: it’s pleasing and real. – Literature entertains while describing life: it’s amusing and real.

But when fun is not real, it is empty. Hallucinatory drugs are no doubt enjoyable, but then there is nothing more. When waking up from the trance nothing is gained or learned that connects to reality. It is a separate world that is no world at all.

Games, useless as they are, are still meaningful when they connect to the world, but meaningless when the connection fails. When everything is acted out on a board, on eight times eight squares in a square, and no inside logic is relevant outside, no thought reaches beyond that box and all imagination is futile.

Life is not a game of chess. In reality everything connects and the mind knows no boundaries. But lock yourself up behind narrow rules, then: Checkmate!

December 28, 2019 / Congau

The Chicken or the Brain?

Which came first, the heart or the brain? When you think you have solved the chicken and egg dilemma, you can start reasoning about your own reason and try to figure out whether it was hatched from logic or if your emotions have been meddling.

How do we form an opinion? Do we start with start with a raw number 2, add a pure and unambiguous 3, and conclude that it equals 5 beyond the shadow of doubt? Or do we guess the answer before we mathematically check if it’s right?

Do we feel that our political convictions are correct before we bother to argue about them? How much do we reason about religion? Do we think about the world before we feel it?

We have to interpret all our impressions and reason before we can understand, so our rational faculty is always with us if we are human. But much of the time we take shortcuts and have our emotional reaction ready without having to employ that tiresome reasoning. Of course the two, reason and emotion, operate together; the one being born from the other. They also uphold each other; reason requiring emotion to have the need to think, and emotion needing at least an imaginary rational basis.

But caution is certainly called for. Sentiments and logic need to interact and not be placed decisively before each other. Sometimes passion is the sole master and only hires rational thinking to carry out the decision that’s already made. Such is the case, we feel, and any argument that supports it, is just useful. What is unknown is scary and everything foreign is a threat: Now tell me why.

Instead of explaining fear with fear and aversion with simple distaste, we rationalize and excuse and make up reasons where none exist.

The brave uses reason to check his emotions. The chicken puts himself first.

December 26, 2019 / Congau

Free Submission

Whatever is, is normal. We all live in our private universe where everything is fixed according to our habits and it’s hard to imagine things being different. Moreover, we don’t want them to be different; not because it is all so great, but because it is normal. We don’t desire the laws of nature to change, we are fine with gravity, and the laws of society are just as natural. We don’t wish we could fly, and we don’t think seriously about fundamental social change.

Still, society is man-made, and we know that in a way. It could theoretically be different, and if we strain our imagination to an uncomfortable level, we may realize it. So if another social reality is even remotely possible, that seems to suggest that we have a choice, and indeed, once in a while we are asked to choose. The laws of nature are never up for election, but the social ones are regularly voted on, even though they appear to be almost as immutable.

It’s a wonderful feeling, isn’t it? Our fixed universe of normality seems to be our own decision. True, we vote for what we already have, but the fact that we are asked, gives us power – or that’s what it feels like.

In a free society, people live in their bubbles of reality, limited by the narrowness of their perspective. That’s how people live everywhere; imprisoned by the circumstances. A choice is a useless if it’s not used, and if we just go with the flow anyway, the choice is meaningless.

A free society asks its subjects to confirm their submission and they do it willingly. That’s the essence of our freedom: the voluntary submission to the inevitable.

We want normality, not freedom, but it’s easier to rule us if we think we’ve got the freedom.

December 25, 2019 / Congau

Elected Illusion

Voting is irrational. No election has ever been decided by just one vote, and no individual has ever made a difference. Whether you, a single voter, participate or not, has no effect whatsoever, so you might as well stay away.

Still, people participate and show up in large number and it’s rather incredible that more than half the population are induced into doing something that has no personal benefit for them or for anyone.

They know the situation, of course, everyone knows that, no one is fooling themselves, but they still do it. Why?

When asked they usually explain that if everyone stayed away, democracy wouldn’t work, and everyone would lose. But this seemingly unselfish attitude doesn’t quite account for the millions of people standing in line under the hot sun on election day, or even the minor inconveniences any voter must go through. People just aren’t that altruistic, and they know of course that one absent voter will not lead to everyone staying away. Why then?

They do it for their own sake, because they are selfish although it’s a rather harmless form of selfishness. It’s the feeling it gives them; the feeling of participating in something quite important, the irrational but still understandable desire to be counted.

If voting is important to you, would you consent to make an agreement with ten non-voters that if they voted for your party or candidate, you would abstain? I suspect most people wouldn’t and that underscores their personal and emotional incentive to participate.

Still, it is irrational. It’s a useful illusion, made up on purpose and believed in without real belief. They know they don’t make a difference, but they convince themselves that they do. It’s a delightful lie.

But the cynics among us, myself included, refuse to play along, as if that did us any good.

Either way it doesn’t make a difference. Vote or abstain and good luck to you!

December 24, 2019 / Congau

According to Nature

If it’s natural, it’s not bad, but more importantly: if it’s bad, it’s not natural.

War is natural, they say. Greed is natural. Cruelty, hatred, abuse, infidelity and disease. They say it’s all natural because it has always existed and is a part of the human experience. It’s natural as in “normal”, but “normal” is not the same as “good”. Nature is always good.

If something is an impediment to a well-functioning life, it’s unnatural. If something curtails our happiness, it’s unnatural, although happiness is rare.

What is in accordance with its nature, works well. Imagine a machine that works perfectly. Not a screw is lacking, it’s oiled and properly maintained; no dust or alien particles interfere with its smooth running. Then it works according to its inventor’s intention – its nature.

The human body is a machine, and it never works perfectly. We are never completely well; a slight cough, an itch, a wounded toe, there’s always something reducing our full performance. But still, this complete and never existing perfection is our true nature. We strive to be well and natural.

Nature is perfection. Nothing is perfect, so everything falls short of its nature, but some things come closer to it; some things are more natural than others.

Nature can’t be wrong since the existence of any organism is a proof that it works. Only humans can be wrong since they have the ability to act against their own nature. They can hurt themselves and others and damage the natural environment that supports them and works so perfectly without human interference.

“Nature” is the common denominator in ethics; the binding link between human behavior towards other humans, towards oneself, and towards the environment. What is bad is what hurts these relationships, what is good is what make them work better. Nature is the measure of all things.

December 23, 2019 / Congau

Reason to Forgive

To forgive is divine and no one expects you to be divine. Then hate thy neighbor as thyself, recompense evil for evil and make sure the poisonous rancor eats you from inside. If you think that will make you happy, then go ahead.

You don’t care about being divine and you are not a saint, but you care about your happiness. You justify your ill feeling and thirst for revenge because you are human. It is normal, you say.

Yes, for a human being it’s normal to be irrational and self-destructive, but why do you take pride in being like all those other unhappy creatures?

When someone has wronged me, I let him double my wound by thinking about what happened, ruminating about the injury and wishing for him to suffer in return. Why do I make it worse for myself?

Man is not a rational animal. If he were, he wouldn’t be so busy destroying himself.

When someone hurts us, we want to hurt them. When someone kills, we want him killed. The old story is forever repeated: The life of a loved one is taken, and the survivor doesn’t rest until the day of revenge. He goes through hardship and sacrifice to see the killer dead and in the final showdown he gets his revenge. And then what? There’s no joy and no solution. The loved one remains dead and another life is also gone. Still, our animal instincts have been satisfied, and we think it fair. We are unhappy, misery is added to misery, but that’s what we want.

Is it? Of course not. We want to be happy, and forgiveness is the only way to heal ourselves. It’s the rational way. We are not divine; we are human, and we are sometimes rational. For our own sake we need to forgive.

December 22, 2019 / Congau

Humane Expulsion

Punishment is inhumane. How awful it is to lock up a person for years and take away chunks of his life no matter what he has done. Society may not have a choice but to punish in this way since other forms of penalty, like corporal maltreatment, seem even more terrible, but we shouldn’t think for a moment that there could be any real justice in a prison sentence.

A better form of punishment would be one that had a deterring effect without being cruel itself. Demanding a fine works in this way, but it’s only effective for relatively small crimes.

Sometimes there are other possibilities, though. When the delinquent is a foreigner it’s possible to expel him from the country. That is often an undesirable proceeding, but it can hardly be called cruel. After all, how terrible can it be to return to one’s native country?

Still, some legal experts reject this measure since it violates the principle of equal punishment for equal crimes. Only foreigners can be punished in this way, while native criminals presumably get an unfair advantage.

Although this is obviously correct, the objection betrays a common but essentially flawed conception of crime, punishment and justice. It is thought that the transgressor is given what is deserved when punished, or at least that sanctions should be distributed equally according to what has been earned. One often ignores that the object of a penal system is to prevent crime.

Instead of regretting that one type of punishment is not available to everyone, one should be content that effective and non-cruel sanctions sometimes exist. If the threat of expulsion is an effective crime prevention, it should be used, especially since it is one of few penal methods that are not inhumane. Justice is not to treat everyone equally bad.

December 21, 2019 / Congau

A Fascist Trial

A 93 year old man is now on trial for a youth crime. 75 years ago, he was a guard in Auschwitz and for that the righteous guardians of history must punish him. It doesn’t matter that he did what most of us would have done, the principle of justice must strike without reason.

As a 17 year old German he was forced to be a guard. Maybe he could have refused, risked his life and become a forgotten hero, but he chose to do that simple task. He didn’t have to kill or injure anyone, and he saved himself. Which one of us would have acted otherwise? I wouldn’t.

It’s pathetic when the full force of the justice system of a free country is used to enforce a historical victory against a weak old man. It’s a coward act for judges and prosecutors to elevate themselves to a moral pedestal and condemn a man from their safe position.

It’s a misunderstanding of what justice is and what purpose it serves. The judiciary is there to prevent crime, but what is there to prevent after so many years? Some say it’s supposed to have a healing effect on society, but how would crushing an old man remedy anything that was still left to be healed? Justice is giving to each what is deserved, but why would anyone deserve punishment for doing something anyone would have done?

This trial and all similar trials are an exhibition of the state’s power to claim moral superiority by crushing insignificant flies. Everybody involved proudly assert their preeminence for adopting the generally accepted and obvious view of history. They risk nothing and are about as courageous as a lynch mob.

What is more, this parody of justice is displayed in memory of a totalitarian state. Man is an ironic animal.

December 20, 2019 / Congau

Positive Commandments

There are things we should do and things we should not do. It is often easier to list the latter. Thou shalt not kill, not steal, not lie; those are presumably commandments that are always valid (although one can make the argument that there are exceptions in certain circumstances). It’s more difficult to specify what we should do; the positive commandments are more circumstantial. We should help others, give to charity, be nice, do our best, but it’s hard to tell what exactly that means. Who should you help, when and where and how much? What could reasonably be expected of you? When have you done enough?

Strictly speaking, it’s never enough. You could spend all your waking hours doing charitable work, but even then you could work harder and more efficiently. You could exhaust yourself until you drop, but what good would that do? You could go to Africa and save one starving child or focus your efforts closer to home. What should you do? It’s impossible to say.

But sometimes your duty comes to you clearly and unambiguously and you just have to act. Suppose you walked past a child lying face down in a pool and all you had to do was to turn it around to save it from drowning. Wouldn’t it be absolutely terrible if you omitted to do this simple act for fear of getting your shoes wet or just because you didn’t feel like it? Nowhere does it say: Thou shalt rescue children from pools, but in this case the moral requirement is as clear as if it had been spelled out in those words by the highest authority.

Sometimes we are as responsible for a damage done when we omit to act as when we are the direct cause of it. We can’t hide behind oversimplified rules and laws that appear to acquit us. By living in this world, we make a difference and that makes us responsible.