Browsing By Tag "courts"
Life imposes strange situations on all of us. For forty-eight years I was considered an extremist in our ranks. One who refused to compromise our ideas or tactics for any purpose whatsoever--one who always insisted that the Anarchist aim and methods must harmonize, or the aim would never be achieved. Yet here I am trying to explain the action of our Spanish comrades to the European opponents, and the criticism of the latter to the comrades of the CNT-FAI. In other words, after a lifetime of an extreme left position I find myself in the center, as it were. I have seen from the moment of my first arrival in Spain in September 1936 that our comrades in Spain are plunging head foremost into the abyss of compromise that will lead them far away f... (From : Anarchy Archives.)
The general conception of the "type" American is in Europe picturesque and niave at the same time. In France as in Germany, in the Northern as in the Southern countries, in fact throughout the European Continent, with the exception of England perhaps, the opinion of the man in the street about America and Americans is primitive and inadequate. First of all, the name "an American" immediately suggests riches, wealth. It is almost as if American and rich man are synonyms, at least in the view of the average European who has never been in the United States and who seldom comes in direct contact with Americans in Europe. In the mind of most people the American is pictured as something very much different from the general run of men. He is very ... (From : Anarchy Archives.)
Anarchism is grounded in a rather definite proposition: that valuable behavior occurs only by the free and direct response of individuals or voluntary groups to the conditions presented by the historical environment. It claims that in most human affairs, whether political, economic, military, religious, moral, pedagogic, or cultural, more harm than good results from coercion, top-down direction, central authority, bureaucracy, jails, conscription, states, preordained standardization, excessive planning, etc. Anarchists want to increase intrinsic functioning and diminish extrinsic power. This is a social-psychological hypothesis with obvious political implications. Depending on varying historical conditions that present various threats to th... (From : The Stan Iverson Memorial Library, Infoshop & Arch....)
The Death Penalty La Peine de Mort Translated by Natalya Ratan and Virginia Anton. By Elisée Reclus I do not have the honor of being a Swiss Citizen and know only imperfectly the means to petition the removal of an article, but it is an issue of human agitation in all civilized countries As an international citizen I have the right to address this issue. Unfortunately I also am French and my motherland is also a country of executioners and the guillotine, that we have invented and use everyday Enemies of the death penalty. I must try to find their origins. Is if justifiable that it takes away from the right to self defense? If it is, it will be difficult to oppose it because we all have the right to self defense, against beasts and a... (From : Anarchy Archives.)
A Defense for Fugitive Slaves, against the Acts of Congress of February 12, 1793, and September 18, 1850 (Boston: Bela Marsh, 1850). Lysander Spooner Table of Contents Poverty, Its Illegal Causes and Legal Cure.—part I. By Lysander Spooner. Recommendations. Act of Congress of 1793.: An Act Respecting Fugitives From Justice, and Persons Escaping From the Service of Their Masters. Act of Congress of 1850.: An Act to Amend, and Supplementary to the Act, Entitled "an Act Respecting Fugitives From Justice, and Persons Escaping From the Service of Their Masters," Approved February 12, 1793. A Defense For Fugitive Slaves. Chapter I.: Unconstitutionality of the Acts of Congress of 1793 and 1850. Chapter II.: The Right of Resistance, and the R... (From : Anarchy Archives.)
CHAPTER 1. TRIAL BY JURY. SECTION 1 THE RIGHT OF JURIES TO JUDGE THE JUSTICE OF THE LAWS. SECTION II. CHAPTER II. THE TRIAL BY JURY, AS DEFINED BY MAGNA CARTA. SECTION I. THE HISTORY OF THE MAGNA CARTA SECTION II. THE LANGUAGE OF THE MAGNA CARTA CHAPTER III. ADDITIONAL PROOFS OF THE RIGHTS AND DUTIES OF JURORS. SECTION 1. Weakness of the Regal Authority. SECTION II. The Ancient Common Law Juries mere Court of Conscience SECTION III. The Oaths of Jurors SECTION IV. The Right of Juries to fix Sentence. SECTION V. The Oaths of Judges SECTION VI. The Coronation Oath. CHAPTER IV. THE RIGHTS AND DUTIES OF JURIES IN CIVIL SUITS. CHAPTER V. OBJECTIONS ANSWERED. CHAPTER VI. JURIES OF THE PRESENT DAY ILLEGAL. (From : Anarchy Archives.)
Free Political Institutions Their Nature, Essence, and Maintenance An Abridgment and Rearrangement of Lysander Spooner's "Trial by jury" EDITED BY VICTOR YARROS LONDON C. W. DANIEL, LTD. 3, Amen Corner, E.C. 1912 CHAPTER 1: LEGITIMATE GOVERNMENT AND MAJORITY RULE The theory of free government is that it is formed by the voluntary contract of the people individually with each other. This is the theory (although it is not, as it ought to be, the fact) in all the governments in the United States, as also in the government of England. The theory assumes that each man who is a party to the government, and contributes to its support, has individually and freely consented to it. Otherwise the government would have no right to tax him for its support, for taxation without consent is robbery. This theory, then, necessarily supposes...
To Gandhi. I have just received your very interesting letter, which gave me much pleasure. God help our dear brothers and coworkers in the Transvaal! Among us, too, this fight between gentleness and brutality, between humility and love and pride and violence, makes itself ever more strongly felt, especially in a sharp collision between religious duty and the State laws, expressed by refusals to perform military service. Such refusals occur more and more often. I wrote the 'Letter to a Hindu', and am very pleased to have it translated. The Moscow people will let you know the title of the book on Krishna. As regards 're-birth' I for my part should not omit anything, for I think that faith in a re-birth will never restrain mankind as much as f... (From : Anarchy Archives.)
It is pretty generally recognized in Europe that altogether our penal institutions are very far from being what they ought, and no better indeed than so many contradictions in action of the modern theory of the treatment of criminals. The principle of the lex talionis--of the right of the community to avenge itself on the criminal--is no longer admissible. We have come to an understanding that society at large is responsible for the vises that grow in it, as well as it has its share in the glory of its heroes; and we generally admit, at least in theory, that when we deprive a criminal of his liberty, it is to purify and improve him. But we know how hideously at variance with the ideal the reality is. The murderer is simply handed over to the hangman; and the man who is shut up in a prison is so far from being bettered by the change, that he comes out more resolutely the foe of society than he was when he went in. Subjection, on disgraceful terms, to humiliating wor...
I N S T R U C T I O N S TO A S T A T E S M A N. HUMBLY INSCRIBED TO T H E R I G H T H O N O U R A B L E GEORGE EARL TEMPLE. LO N D O N: Printed for J. MURRAY, Fleet-Street; J. DEBRETT, Piccadilly; and J. SEWELL, Cornhill. M.DCC.LXXXIV. TO THE RIGHT HONORABLE GEORGE EARL TEMPLE. MY LORD, THE following papers fell into my hands by one of those unaccountable accidents, so frequent in human life, but which in the relation appear almost incredible. I will not however trouble your lordship with the story. If they be worthy of the press, it is of no great consequence to the public how they found their way thither. If they affor... (From : Anarchy Archives.)
No incident of recent years has served to bring out so much crude thinking among supposedly educated men as the now happily ended McNamara case. A wave of hysterical passion for law and order seems suddenly to have swept over the land, a passion which one would like to believe is entirely sincere and ready to carry itself through to logical conclusions. It looks a little too much like a sudden scare, a purely physical timidity on the part of the comfortable classes, to be quite convincing. The gallant and well-worn phrase, law and order, has been worked overtime to conceal a very real fear on the part of the dominant classes for their lives and property. The law and order which they reverence is one in which society minds its own business a... (From : fair-use.org.)
Or An Essay on the Right of Authors and Inventors to a Perpetual Property in their IdeasPart I: The Law of Intellectual Property. Chapter I.: The Law of Nature In Regard to Intellectual Property. Section I.: The Right of Property In Ideas to Be Proved By Analogy. Section II.: What Is Wealth? Section III.: What Is Property? Section IV.: What Is the Right of Property? Section V.: What Things Are Subjects of Property? Section VI.: How Is the Right of Property Acquired. Section VII.: What Is the Foundation of the Right of Property? Section VIII.: How Is the Right of Property Transferred? Section IX.: Conclusions From the Preceding Principles. Chapter II.: Objections Answered. Section I.: Objection First. Section II.: Objection Second. Section III.: Objection Third. Section IV.: Objection Fourth.
The Subjection of India-Its Cause and Cure
Introduction by M. K. GANDHI The letter printed below is a translation of Tolstoy's letter written in Russian in reply to one from the Editor of Free Hindustan. After having passed from hand to hand, this letter at last came into my possession through a friend who asked me, as one much interested in Tolstoy's writings, whether I thought it worth publishing. I at once replied in the affirmative, and told him I should translate it myself into Gujarati and induce others' to translate and publish it in various Indian vernaculars. The letter as received by me was a type-written copy. It was therefore referred to the author, who confirmed it as his and kindly granted me permission to print it. To me, as a humble follower of that great teacher who... (From : Anarchy Archives.)
A Letter to Grover Cleveland, on his false Inaugural Address, the Usurpations and Crimes of Lawmakers and Judges, and the consequent Poverty, Ignorance, and Servitude of the People A LETTER TO GROVER CLEVELAND. Section I. To Grover Cleveland: Sir, Your inaugural address is probably as honest, sensible, and consistent a one as that of any president within the last fifty years, or, perhaps, as any since the foundation of the government. If, therefore, it is false, absurd, self-contradictory, and ridiculous, it is not (as I think) because you are personally less honest, sensible, or consistent than your predecessors, but because the government itself—according to your own description of it, and according to the practical administration o... (From : Anarchy Archives.)
Published: The Masses, January, 1917. Transcribed: Sally Ryan for marxists.org in October, 2002. Many of our friends fail to appreciate the magnitude of the Minnesota strike, involving 15,000 miners and the United States Steel Corporation, and are beguiling themselves into the belief that the murder cases pending are not serious. Mrs. Masonovitch, the woman prisoner, wife of one of the strikers, is a particularly pathetic and appealing figure, a young and beautiful Montenegrin woman, mother of five children, one a nursing baby. She speaks little English, does not understand the proceedings, looks frightened and bewildered and clings frantically to her children. If the parents should he convicted these little ones would be practically orphan... (From : Marxists.org.)
[These reviews of my work are] very far from the truth... [kee]pers and jailers are but human, and may occasionally be guilty of abuse of power. It is only an awakened public consciousness that can progressively and successfully cope with such abuses, whether they be perpetrated in congress, in our courts of justice, or in the penitentiaries. Second bourgeois paper: A book by a degenerate who did not find prison to his taste. An indecent book, that is both a glorification of assassination and an apology, even justification, of unmentionable crimes. Mr. Comstock had better look into this work. Third bourgeois paper: A peculiar work, very uneven both as to merit and worth. It contains much that is good and valuable, but still more of matter t... (From : Anarchy Archives.)
The Anarchists are right in everything; in the negation of the existing order, and in the assertion that, without Authority, there could not be worse violence than that of Authority under existing conditions. They are mistaken only in thinking that Anarchy can be instituted by a [violent- Editor]revolution. 'To establish Anarchy'. 'Anarchy will be instituted'. But it will be instituted only by there being more and more people who do not require the protection of the governmental power, and by there being more and more people who will be ashamed of applying this power. 'The capitalistic organization will pass into the hands of workers, and then there will be no more oppression of these workers, and no unequal distribution of earnings' 'But w... (From : Anarchy Archives.)
Nettlau, Max . Panarchy, A Forgotten Idea of 1860. In Kurt Zube (Ed.), On the Topic No. 9. Germany: Mackay Gesellschaft PANARCHY. A Forgotten Idea of 1860 by Max Nettlau For a long time I have been fascinated by the thought how wonderful it would be if at last, in public opinion on the succession of political and social institutions, the fateful term "one after another" would be replaced through the very simple and self-evident "simultaneously." "Down with the State!" and "Only upon the ruins of the State. . ." express emotions and wishes of many but it seems that only the cool "Opt out of the State" (No. 2 of "The Socialist") can help them towards their realization. When a new scientific insight appears, then those convinced of it do simpl... (From : Anarchy Archives.)
"The time is fast approaching when to call a man a patriot will be the deepest insult You can offer him. Patriotism now means advocating plunder in the interests of the privileged classes of the particular State system into which we have happened to be born." - E. BELFORT BAX. I. I have already several times expressed the thought that in our day the feeling of patriotism is an unnatural, irrational, and harmful feeling, and a cause of a great part of the ills from which mankind is suffering, and that, consequently, this feeling--should not be cultivated, as is now being done, but should, on the contrary, be suppressed and eradicated by all means available to rational men. Yet, strange to say--though it is undeniable that the universal armam... (From : Anarchy Archives.)
The last students' disturbances in Russia were quite different from all the disturbances which have taken place in the Russian universities for the last forty years. They began, as all students' movements begin, with an insignificant incident, which concerned the students alone; but, owing to a series of circumstances quite peculiar to Russia, they took, all of a sudden, a political complexion; and in this respect they acquired such a significance that they will now count in the history of the constitutional movement in Russia as an important milestone. Consequently it is impossible to speak of the last events without going deeper than their surface — that is, without touching upon the general problem of education in Russia, and witho... (From : Anarchy Archives.)
Comrades and Friends: I think I cannot open my address more appropriately than by stating my experience in my long connection with the reform movement. It was during the great railroad strike of 1877 that I first became interested in what is known as the "Labor Question." I then thought as many thousands of earnest, sincere people think, that the aggregate power, operating in human society, known as government, could be made an instrument in the hands of the oppressed to alleviate their sufferings. But a closer study of the origin, history and tendency of governments, convinced me that this was a mistake; I came to understand how organized governments used their concentrated power to retard progress by their ever-ready means of silencing th... (From : LucyParsonsProject.org.)
Translated by Larry Gambone Comrades, I explained - quickly, but in a sufficient way - the first part of libertarian Communism, the critical, negative part and, I hope that I managed to convince you that misery, ignorance, hatred, repression, suffering in all its forms, is the fatal result of the social background in which we live. If, as I hope, you arrived at this conviction, you must also be convinced of the need and the urgency to put an end to a social system which generates such pains. It is precisely what we will begin to study this evening. It is necessary to destroy the established social order since it is generating sufferings, inequalities, injustices and miseries. It should be destroyed at all costs; it should be destroyed as so... (From : Anarchy Archives.)
There are periods in the life of human society when revolution becomes an imperative necessity, when it proclaims itself as inevitable. New ideas germinate everywhere, seeking to force their way into the light, to find an application in life; everywhere they are opposed by the inertia of those whose interest it is to maintain the old order; they suffocate in the stifling atmosphere of prejudice and traditions. The accepted ideas of the constitution of the State, of the laws of social equilibrium, of the political and economic interrelations of citizens, can hold out no longer against the implacable criticism which is daily undermining them whenever occasion arises,--in drawing room as in cabaret, in the writings of philosophers as in daily ... (From : Anarchy Archives.)
IRELAND July has been an exciting month. The most striking incident is the death of John Mandeville, who for the crime of having helped Wm. O'Brien to save the Kingston tenantry from ruin was imprisoned in Tullamore Jail during Nov, and December last year. He died on the 8th ult., and a coroner's jury has returned a verdict of "Killed through the brutal and unjustifiable treatment received while in Tullamore Jail." The inquest brought to light many shameful things which the Government no doubt intended to have kept dark, and the horror of it all was accentuated by the suicide of one of the prison doctors who had been suspended as a witness. Dr. Ridley shrank from the judgment of his fellow-men for reasons best known to himself and to Mr. Ba... (From : AnarchyArchives.)
IRELAND. Since Mr. Balfour's Parliamentary statement to the effect that the National League was a thing of the past, owing to his spirited policy of windy proclamations and jail cramming, there have been held more than twenty public meetings of the defunct League, most of them "monster demonstrations.' The weekly business meetings, too, of the various branches have by no means fallen off, on the contrary fresh numbers are added every day. It would appear that there is still enough vitality in the combination to bring tumbling down that exceedingly rotten structure, English Government in Ireland. The lying boast of Balfour's is backed every other day in Irish Courts of Justice by the evidence of policemen, who, in swearing against prisoners ... (From : AnarchyArchives.)
The ill-treatment of those who have been condemned to death--down to the very moment of the execution--and the terrible physical sufferings inflicted in the most barbarous way in the morning hours which precede the execution, and during the execution itself, have created quite epidemic of suicides in the prisons of Russia. As a part of the above-mentioned inquiry, I have now before me a list of those suicides in the prisons which have found their way to the daily Press in Russia. This list extends from January, 1906, to November 1, 1908, and contains 160 cases, out of which 30 took place in 1906, 70 in 1907, and 60 during the first ten months of 1908. Here are some abstracts from that terrible list. They contain a few cases for 1906, and the whole list for 1908:-- In 1906 1. In a political prison in Moscow, John Fedouloff, 23 years old, hanged himself. 2. In a political prison in St. Petersburg, a medical woman-student, M., shot her...
Jewish citizens! In my first "Appeal to Jews", published in the French libertarian newspaper, Le Libertaire, I asked Jews in general, which is to say the bourgeois and the socialist ones as well as the 'anarchist' ones like Yanovsky, who have all spoken of me as a pogromist against Jews and labeled as anti-Semitic the liberation movement of the Ukrainian peasants and workers of which I was the leader, to detail to me the specific facts instead of blathering vacuously away: just where and just when did I or the aforementioned movement perpetrate such acts? I had expected that Jews in general would answer my "Appeal" after the manner of people eager to disclose to the civilized world the truth about these blackguards responsible for the massa... (From : NestorMakhno.info.)
THE UNCONSTITUTIONALITY OF SLAVERY BY LYSANDER SPOONER. BOSTON: PUBLISHED BY BELA MARSH, NO. 14 BROMFIELD ST. 1860. UNCONSTITUTIONALITY OF SLAVERY. CHAPTER I. WHAT IS LAW? Before examining the language of the Constitution, in regard to Slavery, let us obtain a view of the principles, by virtue of which law arises out of those constitutions and compacts, by which people agree to establish government. To do this it is necessary to define the term law. Popular opinions are very loose an... (From : Anarchy Archives.)
This work is part of the International Institute for Social History's collection and appears in Anarchy Archives with ISSH's permission. TO THE PUBLIC. THE AMERICAN LETTER MAIL COMPANY present the following exposition of the grounds on which they assert their right to establish mails and postoffices, in competition with those of Congress. If the public are satisfied of the correctness of the principle, the Company ask their patronage to enable them to sustain it. CONTENTS. 1. Argument. 2. Review of the Postmaster General's Argument. UNCONSTITUTIONALITY OF THE LAWS OF CONGRESS, PROHIBITING PRIVATE MAILS. ARGUMENT. Of the following propositions, almost any one of them is sufficient, I apprehend, to prove the unconstitutionality of all laws pr... (From : Anarchy Archives.)