From: Van oost Kenneth (email@example.com)
Date: Mon 28 Jul 2003 - 10:54:23 GMT
In an article in FM ( July/ August 2003) R. Baroch writes,
" Prosecuted for the lack of evidence "
What is going on here !?
This particular lawsuit ( Jihad fighters walk free) is all about
an exception, about things that drop out of the normal way
of justice. There are, no doubt, some punishable facts to
consider, like forging documents, but that is not the point.
All is about things that just don 't fall under todays criminal
law:- the suspects were pre- supposed to be member of a
terrorist organisation, but proove of that fact was based upon
sources of the AIVD, and that is not allowed ( in Holland).
Moreover, how do we define someone's ' involvement ' !?
Is someone punishable if he didn 't commit a criminal act yet !?
That is indeed possible, attempts are punishable. But the
court in Rotterdam just ruled that what the people actual
tried was not !
You can take this one step further:- these people are accor-
dingly to the public prosecutor ' suspect ', just because they
are guilty of infringin ' the law_ one that doesn 't yet exist to
back up the prosecutors case !
Radical this means that ' any ' handling you perform, each
' fact ' you commit, can be a reason for prosecution, just by the lack of applying rules. Just because the public prosecutor wants to test the handlings of the pre- supposed fighters, those become ' suspect' extra- dited to the rulings of the law.
" Silent Memes ", in all their colours, indeed.
According to Giorgio Agamben ( Homo Sacer) such cases
are ' exceptional conditions ', but nevertheless things where
the law gets it sovereignity from:- this is the secret [silent ?]
structure of the law.
The law is in itself nothing, but exist because it takes decisions
about people lives and CAN do so just because it doesn 't exist
This was distributed via the memetics list associated with the
Journal of Memetics - Evolutionary Models of Information Transmission
For information about the journal and the list (e.g. unsubscribing)
This archive was generated by hypermail 2.1.5 : Mon 28 Jul 2003 - 10:58:15 GMT