--- author: Crabmeat date: 2025-06-03 gitea_url: "http://git.nowherejezfoltodf4jiyl6r56jnzintap5vyjlia7fkirfsnfizflqd.onion/nihilist/blog-contributions/issues/343" xmr: 89aWkJ8yabjWTDYcHYhS3ZCrNZiwurptzRZsEpuBLFpJgUfAK2aj74CPDSNZDRnRqeKNGTgrsi9LwGJiaQBQP4Yg5YtJw2U --- # **Laws do not stop crimes** ## **What is a law and why is it made for ?** When we look at how laws are defined by our governments, it's generally stated that a law is a *system of rules created and enforced by a government or other authority to regulate behavior within a society. Laws are designed to maintain order, protect individual rights, ensure justice, and promote the common good*. This is essentially the definition most people are taught from birth. However, if you look more closely, you'll notice that this definition doesn’t always tell the full story. In reality, many laws are designed to protect the interests of the government itself, rather than the people, even if it comes at the cost of individual liberty. Here are a few examples of laws designed to protect governments at the expense of citizens' liberties: USA: The Patriot Act (2001) - After the 9/11 attacks, the USA passed the USA PATRIOT Act to enhance national security. While it was framed as a means to fight terrorism, it allowed for significant surveillance of citizens, often without warrants. Critics argue that it infringed on civil liberties, particularly the right to privacy, and disproportionately targeted certain groups. Europe : General Data Protection Regulation (GDPR) - While the GDPR is designed to protect personal data within the European Union, it can also be seen as a tool to protect the power of large bureaucracies and governments that control data. Governments and corporations must now navigate the complexities of data protection laws, but in some instances, the interpretation of the law can favor the government's need to control information, sometimes limiting access to public data. Asia: The National Security Law in Hong Kong (2020) - China's implementation of the National Security Law in Hong Kong was framed as a response to the 2019 pro-democracy protests. However, critics argue it was designed to suppress dissent and give the government greater control over the region. The law has been used to arrest activists, politicians, and journalists, limiting freedom of expression and assembly. As you can see, all of these laws were designed to protect governments, but were presented as measures to safeguard people's rights and security, even though they impacted individual liberties. ![](lawinterpretation.png) *Interesting reading: "The Law" by Frédéric Bastiat (1850) : In this seminal work, Bastiat argues that the law should protect individual rights such as life, liberty, and property. He warns against the "perversion of law," where it becomes a tool for legal plunder—used by the state to benefit certain groups at the expense of others. This critique remains relevant in discussions about laws that prioritize governmental power over individual freedoms.* ## **What is a crime ?** Generaly, a crime is defined like follow: *An act or omission that violates a law and is punishable by a government or legal authority*. So, essentially, a crime is punishable by the same entity that creates the rules. The people responsible for catching criminals are also employed by that entity. This means that anyone the state chooses to define as a criminal can, in effect, be labeled as such. *An interesting example of this system in action is depicted in the movie Judge Dredd (1995). In a dystopian future, Joseph Dredd—the most renowned Judge, endowed with police, judicial, and execution powers—is wrongly convicted of a crime he didn't commit and must confront his ruthless counterpart.* Here are a few examples of situations where states labeled people as criminals for their own benefit: Russia: The Russian government has used vaguely defined laws on “extremism” and “foreign agents” to label political opponents, journalists, and NGOs as criminals or threats to the state. - Alexei Navalny, a prominent opposition leader, was imprisoned on charges widely viewed as politically motivated. - NGOs and media outlets that receive foreign funding have been forced to register as “foreign agents,” effectively branding them as enemies of the state and subjecting them to surveillance and restrictions. - The same government defines these offenses, enforces them, and prosecutes the accused—demonstrating a full cycle of power and punishment controlled by the state. Brazil: Brazil’s legal and police systems have been accused of targeting the poor, Indigenous people, and activists under the guise of crime control. - Land rights activists and environmental defenders in the Amazon are sometimes arrested, harassed, or even killed. Legal charges are often thinly justified but used to remove opposition to agribusiness or deforestation policies. - During military dictatorship (1964–1985), many citizens were imprisoned or killed after being labeled as “subversives” or “criminals” by the state. These definitions served the political aims of silencing dissent. Uganda: In Uganda, the state has passed laws that criminalize homosexuality with severe penalties, including life imprisonment. - These laws are written, enforced, and judged by the same government authorities, even though they violate international human rights norms. - Activists and citizens accused under these laws often face arrest and violence, despite not having committed any act that would be considered a “crime” in much of the world. - The government’s power to define what is criminal is used to enforce political and cultural control. *Interesting reading: State, Power, Crime edited by Roy Coleman et al. (2009) : This collection of essays offers a critical analysis of the relationship between the state and crime. It explores how state power influences the definition of crime and the enforcement of laws, often reflecting political and economic interests rather than objective justice.* ![](organized.png)