Lester_Peterson [he/him]
In the final analysis, the state is an organ of class rule. But a class which must rely on the naked power of state coercion to rule in the first analysis as well, is one living in a state of siege, rebellion, war or revolution. As such, the State strives to rule through consent and neutralize the class conflict which would otherwise tear it apart, and does so by appearing to be a power standing above society, which mediates class conflicts and keeps them within the bounds of order.
However, as much as it is an institution for the enforcement of a Capitalist mode of production, the Liberal state cannot appear to be impartial and just, without in on occasion being just by checking the most blatant and hypocritical excesses of unrestrained Capitalists. This is discussed in part by E.P. Thompson:
If the law is evidently partial and unjust, then it will mask nothing, legitimize nothing, contribute nothing to any class’s hegemony. The essential precondition for the effectiveness of law, in its function as ideology, is that it shall display an independence from gross manipulation and shall seem to be just. It cannot seem to be so without upholding its own logic and criteria of equity; indeed, on occasion, by actually being just.
The rhetoric and the rules of a society are something a great deal more than sham. In the same moment they may modify, in profound ways, the behaviour of the powerful, and mystify the powerless. They may disguise the true realities of power, but, at the same time, they may curb that power and check its intrusions
As someone working in a free legal clinic serving low-income clients I see this daily. I fully appreciate the ways in which laws and state institutions -in my jurisdiction- provide real protections to workers against their bosses, tenants against landlords, and consumers against corporations. However, at the same time I cannot lose sight of the fact that in every excess of Capitalism that the state shields the working class from, the state enforces the class-domination from which it arises; class-domination whose other (legal) immiseration are protected by state power.
One of the greatest strengths of neoliberal reformists in Iran is that they are the side less associated with decades of violently enforced moralism, especially the mandatory hijab. For millions of Iranians striking back against the Guidance Patrol at home is a more prescient issue than their country’s policy abroad.
Ideally there’d be a Socialist voice supporting multipolarism, the working class, and freedom from moralistic dictates, but the very forces aligned with Jalili have plenty of responsibility for such a voice not existing.
Sir Keith has delivered a whopping 1.7% higher vote share for Labour than they got in 2019, when Sir Keith intentionally sabotaged Corbyn with his “People’s Vote” maneuver, and 6% less than Corbyn in 2017.
Contrary to Liberal interpretations, this ruling doesn’t change much. If the President was capable of openly assassinating politicians, or launching a military coup to overthrow democracy, they would not be deterred by 9 people in black robes telling them they may be liable to criminal charges in the future for doing so.
Until the Chief Justice gets their own division to command, the Court only has as much power over the Federal Government as they are allowed to, which is invariably determined by their usefulness to politically dominant factions of Capital. See what happened after the Marshall Court made a decision impeding the interests early-American Capital had in forcefully dispossessing Indigenous peoples from their land.
I still believe the most incisive commentary on the Law’s function in society was given by Marx. He succinctly attacks the Liberal idea that all social structures (economics, politics, etc.) arise from the letter of the law. Rather:
Society is not founded upon the law; this is a legal fiction. On the contrary, the law must be founded upon society, it must express the common interests and needs of society — as distinct from the caprice of the individuals — which arise from the material mode of production prevailing at the given time. This Code Napoleon, which I am holding in my hand, has not created modern bourgeois society. On the contrary, bourgeois society, which emerged in the eighteenth century and developed further in the nineteenth, merely finds its legal expression in this Code. As soon as it ceases to fit the social conditions, it becomes simply a bundle of paper.
The process of legally converting a business to an employee-owned cooperative can vary significantly depending on what jurisdiction you’re in. There’s different criteria for creating one (some places might require more than 3 directors to create a Coop) and all sorts of statutory considerations unique to wherever you are.
If you’re serious about doing this, I would sincerely recommend reaching out for legal advice first. This is your livelihood, and you do not want to make a mistake that creates difficulty down the line. Depending on where you live, there may be a public interest organization, or business law clinic, that can provide some legal information for free. You could look up “(where you live) non profit legal assistance” and see if anything shows up.
The ruling is hilarious. An Indiana mayor awarded a $1.1 million dollar contract to a truck dealership, then went to the dealership afterwards and said “I need money.” He asked for $15k in cash, and was given $13k.
According to the SCOTUS this is not bribery because a bribe is an award for pre-agreed actions that is quid pro quo, and maybe the dealer just happened to feel generous to the person responsible for awarding them a lucrative contract after the fact. Only money in burlap sacks with dollar bills on them, with a person handing it over with a contract saying “this is a bribe” count as a bribe. Anything else is just a sparkling gratuity.
A suspended sentence doesn’t mean you get to walk free. It means you’re released into the community but subject to a probation order which if broken will have you sent to prison. The conditions always have a “peace and good behaviour” obligation but can also include onerous restrictions. Anyone who works with offenders knows that the conditions imposed by a suspended sentence can be deeply intrusive and severely curtail people’s privacy and freedom of movement, to the point where they may sometimes be harsher than fines or even imprisonment
Providing for suspended sentences for first offences is consistent with the criminal justice system’s commitment to rehabilitation, even if it arguably is of a lesser deterrent value and doesn’t satisfy the desire for vengeance among much of the public.
I’m unfamiliar with Ireland’s criminal law, and the judge may have been more lenient than they had to be, but its not impossible that there’s enough mitigating factors that the sentence will not get appealed. If Crotty breaks the terms of his suspended sentence, and commits a similar act in the future, his sentence will almost certainly be considerably harsher.