As you all may know, I do not get involved in politics. Even if this article sounds political, it is not a political article and I am not taking sides. I am simply explaining the reality of the situation before our fifth election in the State of Israel.
Legalism in China in 300 BC
Legalism was the tool used to pacify thousands of different conclaves and empires inside China. But, in order to achieve law and order, the central monarch suppressed any democratic tools, paving the way for legalism. Legalism is the notion that humans are more likely to commit wrongdoings than right things based on the idea that humans are selfish and must have rigid rules in place.
“Legalism in China had little use for Confucianism’s delicate moral injunctions and obligations. In its place they sought to implement a set of straightforward rewards and punishments. Especially punishments.
According to the laws of lord Chan, persons throwing ashes on the roads were subjected to corporal punishment. Now dumping ashes is a minor crime and corporal punishment is a heavy penalty. Wise rulers alone are capable of dealing severely with those who commit minor crimes making it clear that even minor crimes are severely punished and that much more severely those who commit major crimes be dealt with.
Consequently, the people dare not transgress. The only way in which wise and sage rulers can long occupy the throne, hold the imperial authority, and enjoy exclusively the benefits of the empire is to rule autocratically with deliberation and to implement the policy of surveillance and castigation by inflicting heavy punishments without exception.
For the legalists, the rule of law is the codification of whatever the king or the ruler dictates, commands, rather than law.”
Legalism reinforces strict guidelines that citizens must follow. This belief system also emphasizes that failure to comply with the rules in place will result in severe punishment.
Francis Fukuyama, Political Order and Political Decay
The Israeli Criminal Legal System
Unfortunately, in one hand, what we see in Israel today is a police force and district attorney being far too harsh for minor crimes committed by simple and good citizens. On the other hand, the police force is powerless when it comes to dealing with organized crime is Israel that become more widespread and powerful than ever.
Israel is one of the few countries in the world where politicians are not exempt from penalties imposed by a judge. As a matter of fact, both the president of Israel and one of its prime ministers have been put behind bars for long periods of time without any special treatment (except the need for high level security in jail).
Between Following the Law and Bending the Law
In the last few years, the Israeli Supreme Court has exceeded the limited amount of power that was given to them by the parliament because the members of the parliament in Israel are not strong enough to stand up to the Supreme Court. As a result, every time the Supreme Court has the opportunity to act as a lawmaker, they do it every time without fail.
Conclusion
Next time you give your valuable vote to any party, think about who you are empowering in parliament because you will not have the power to vote for Supreme Court justices, but the members of the parliament that you elect, will.
