The Crimeless State

A few weeks back I was surfing the blogosphere when I came across the statement from a marxist that crime is a capitalistic concept because it is attached to the concept of property. Honestly I had never thought of it that way.

Thus I came to contemplate what is "crime" when not attached to property. The connection of property to crime seems to be one of the essential elements of commonlaw governance. Of course there is the idea of the victimless crimes, and other vice crimes (blue laws come to mind). The banning of the sale of alcohol on certain "holy days" in certain places. Prostitution, illegal gambling, and drug possession though all involving property in some way do not involve another person infringing on property at least not until the government steps in to enforce its mandate.

These are all things that in my mind are not crimes, at least not outside of a governmental declaration (i.e. legislation) that they are. Thus if property is detached from the concept of crime the only activities that will be called criminal are those that the state declares criminal.

This is important because at least in the western world we have this notion that the state should never be above the law. Clearly the practice of this is not what it should be in the western world, but we do still have this protection to a degree.

Purgery, corruption, theft, and murder are all crimes we can hold our leaders, officials, and police responsible for. Thanks in no small part to our common law system of governance. If all law and crime becomes dictates of the government detached from any concept of property and thus any system of common law among the people, then there is no way for the government to ever be held to any legal standards.

The state has in effect become crimeless because nothing it does can be considered a crime unless it declares its own actions criminal. As such any form of commonlaw or other customary law are immediately destroyed in communist regimes, that the state may become the ultimate arbiter of what is and is not criminal activity and none of those standards will be applied to itself.

The result is governments that incarcerate, starve, and often execute citizens it believes to be too powerful, too rich, too stuborn, not thinking correctly or even in the case of North Korea simply related to someone who disagrees with the government. The atrocities of communist governments continue to compile to this day, because owning one's own life is a "capitalistic concept" attached to the idea that your body and existence can be and is your own property.

It Is no accident that criminals in communist states tend to be those who disagree with the government rather than those who have stolen, destroyed property, or attacked their fellow humans. Crime in the totalitarian regimes becomes an issue not of respecting the property and boundaries of your fellow humans, but of the state deeming you or your behavior improper in some way.

Without a means for the people to hold the state responsible for its actions detaching the concept of crime from the concept of property made the atrocities of communist regimes not only probable but inevitable.

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