Law in Contemporary Society

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JosephLuFirstPaper 6 - 13 Apr 2009 - Main.JosephLu
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Hyperventilating over Chinese Food and North Korea

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Speculating about the North Korean Criminal Law System

 -- By JosephLu - 27 Feb 2009
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 A community’s psychology is the people’s collective mental personality and how this personality evolves over time. While the Penal Code may accurately represent the psychology of the community that comprises the state, the Code conceals the psychology of the community subject to the state’s control.
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The state’s fetish for high intimidation and deterrence to perpetuate an almost irrational regime of absolute control reflects an (impossible) ideal of political perfection that has been conflated with the standard of normality. Deviations from this standard, then, are savagely condemned to incentivize the subject-people’s own fetishization of the state’s artificially constructed “value” of normality. The way that the state negotiates deviance, then, can be comprehended primarily not as things that are wrong with society in general, but as things that are wrong with the state, particularly its intense fear of dissent. The state’s insistence on high intimidation and deterrence, then, is a reaction to an acutely self-conscious insecurity that defines the state’s personality.
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The state’s fetish for high intimidation and deterrence to perpetuate an almost irrational regime of absolute control reflects an (impossible) ideal of social and political perfection that has been conflated with the standard of normality. Deviations from this standard are savagely condemned to incentivize the subject-people’s own fetishization of the state’s artificially constructed “value” of normality. The way that the state negotiates deviance can be comprehended primarily not as things that are wrong with society in general, but as things that are wrong with the state, particularly its intense fear of dissent. The state’s insistence on high intimidation and deterrence, then, is a reaction to an acutely self-conscious insecurity that defines the state’s personality.
 

The DPRK’s criminal law system conceals the psychology of the subject-people

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This regime of easy convictability, on the other hand, conceals the people’s psychology because high intimidation and deterrence serve to suppress and conceal those indexes that show a community’s psychology. Precisely as the state desires, no one does anything “wrong” because everyone is too afraid. And if someone does, she is disappeared. These deviances that would reveal aspects of the people’s mental personality are invisible, and any private, non-legally enforceable deviances that would represent the people’s pathology are not expressed so that they may contribute meaningfully to the conversation about criminal law and psychology. If any dominant psychological condition can be articulated, it would be the people’s patriotic love for the North Korean state—which most likely does not reflect the people’s true personality. The Code’s model of high intimidation and deterrence intimidates and deters so well that it drives into the invisible realm those features of the subject-people that might represent their true psychology, their collective personality.
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This regime of easy convictability, on the other hand, conceals the people’s psychology because high intimidation and deterrence serve to suppress and conceal those indexes that show a community’s psychology. Precisely as the state desires, no one does anything “wrong” because everyone is too afraid. And if someone does, she is disappeared. These deviances that would reveal aspects of the people’s mental personality are invisible, and any private, non-legally enforceable deviances that would represent the people’s psychology are not expressed so that they may contribute meaningfully to the conversation about criminal law and psychology. If any dominant psychological condition can be articulated, it would be the people’s patriotic love for the North Korean state—which most likely does not reflect the people’s true personality. The Code’s model of high intimidation and deterrence intimidates and deters so well that it drives into the invisible realm those features of the subject-people that might represent their true psychology, their collective personality.
 

Conclusion: Keeping up and more


Revision 6r6 - 13 Apr 2009 - 23:45:36 - JosephLu
Revision 5r5 - 13 Apr 2009 - 19:52:42 - JosephLu
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