Silent Memes, something of interest !?

From: Van oost Kenneth (
Date: Mon 28 Jul 2003 - 10:54:23 GMT

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    Keith, Richard,

    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 as such.



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