Yeah, it's such a waste that Marx drew such radical and flawed conlusions. Many reasonable people get the shivers nowadays if you confront them with marx analyses of the unsustainability of unregulated free markets.
What i meant with the two-layered system, i could best explain with an example.
Each country has a slightly different judicial system, but in western countries, they generally work in the same manner. Basically a judicial system is an ever expanding set of rules that precisely describes what kind of actions are forbidden. When technology and the criminal mind evolve, this means that whenever the lawmaker thinks that he has fixed a problem, another loophole is found so then a new law has to be made and this cycle goes on and on.
Where i live, for many years, people who commited crimes on the internet could not be charged with anything, because the internet was considered such a new thing that the old lawbook simply didn't aply to it. People could use the internet to steal from others, to commit all kinds of fraud or they could just behave as cyberstalkers or they would bombard other peoples computers with massive amounts of spam. The thing is that new laws had to be made that very precisely describe what not to do and ofcourse many of them are allready outdated.
It would be better if you had a set of rules like; don't steal, don't lure people into disadvantage by telling them lies, don't sabotage peoples properties, etc. And if there would be some other lawbook, that's not the lawbook itself, but that tells what the purpose of each of those rules is; Why do we have this rule?
Then a district attorney or a lawmaker could look at an old law and say;"hey, rule number 5x was actually meant to prevent that personal belongings of any kind, could be taken from a person without this persons aproval". And then say;"well, this aplies to this totally new, and when this law was made unforseen type of cybercrime, just as much as it did to shoplifting".
So you could keep the rules very simple. You don't constantly have to make new laws, and you don't need to be too rigid.
Another example could be if someone would assist another person in commiting suïcide. This could be just as much an act of compassion in some cases as it could be a hyenous crime in other cases (for instance if you feed your grandmother with half a bottle of scotch, tell her how meaningless everything is, etc, so you inherit $100.000).
In most countries assisting someone in commiting suïcide would be considered just as serious as committing a murder. If every D.A or judge would ask himself: "why is murder a crime, and does that reason apply to this situation as well?" then in some cases this would prevent D.A's and judges from having to say:"well, your intentions where good, but the law is the law, so there you go for 25 years..sorry".
So it would force law enforcers to philosophically reflect on every action, preventing rigidity and senseless bureaucracy.
What i meant with the two-layered system, i could best explain with an example.
Each country has a slightly different judicial system, but in western countries, they generally work in the same manner. Basically a judicial system is an ever expanding set of rules that precisely describes what kind of actions are forbidden. When technology and the criminal mind evolve, this means that whenever the lawmaker thinks that he has fixed a problem, another loophole is found so then a new law has to be made and this cycle goes on and on.
Where i live, for many years, people who commited crimes on the internet could not be charged with anything, because the internet was considered such a new thing that the old lawbook simply didn't aply to it. People could use the internet to steal from others, to commit all kinds of fraud or they could just behave as cyberstalkers or they would bombard other peoples computers with massive amounts of spam. The thing is that new laws had to be made that very precisely describe what not to do and ofcourse many of them are allready outdated.
It would be better if you had a set of rules like; don't steal, don't lure people into disadvantage by telling them lies, don't sabotage peoples properties, etc. And if there would be some other lawbook, that's not the lawbook itself, but that tells what the purpose of each of those rules is; Why do we have this rule?
Then a district attorney or a lawmaker could look at an old law and say;"hey, rule number 5x was actually meant to prevent that personal belongings of any kind, could be taken from a person without this persons aproval". And then say;"well, this aplies to this totally new, and when this law was made unforseen type of cybercrime, just as much as it did to shoplifting".
So you could keep the rules very simple. You don't constantly have to make new laws, and you don't need to be too rigid.
Another example could be if someone would assist another person in commiting suïcide. This could be just as much an act of compassion in some cases as it could be a hyenous crime in other cases (for instance if you feed your grandmother with half a bottle of scotch, tell her how meaningless everything is, etc, so you inherit $100.000).
In most countries assisting someone in commiting suïcide would be considered just as serious as committing a murder. If every D.A or judge would ask himself: "why is murder a crime, and does that reason apply to this situation as well?" then in some cases this would prevent D.A's and judges from having to say:"well, your intentions where good, but the law is the law, so there you go for 25 years..sorry".
So it would force law enforcers to philosophically reflect on every action, preventing rigidity and senseless bureaucracy.