Sunday, April 26, 2009

"Legalize" or "Decriminalize?"


There are a lot of activities that are currently deemed prohibited that many people are pushing the appropriate legislative bodies to make acceptable, if not to the general public, at least to law enforcement personnel. These people often fluctuate between the two terms "legalize" and "decriminalize" as if they were synonyms but I would like to explain why this is not the case and that only one of these is the correct word that should be used in all campaigns of this sort.

Under Natural law, a crime is a crime and anything that is not a crime cannot be made one by any action of man or any of his creations and a crime cannot be made an innocent act. "Crime" is simply defined as:

"Any act whereby a person intentionally and knowingly causes direct and measurable harm or loss to another person without the second person's consent (Malum In Se)."

It does not have to be against any law, rule, or regulation for a crime to be committed. A crime can occur even without the the existence of any such labeling or interference from other humans not involved in the actual incident. The law only applies to illegal activity that is specifically named and described within the law. "Illegal" is best defined as:

"Any activity, behaviors, conditions, circumstances, or situations that are declared prohibited by a person or group of persons claiming, and that the majority of persons affected by the declaration acquiesce, authority to do so (Malum Prohibitum)."

We like to think that most crimes are also illegal but that is not always the case. If a person breaks into your home to steal some of your property and then kidnaps you and holds you for ransom, you are correct if you consider that a crime has been committed against you but it is not illegal if the person who broke into your home is a government agent and what he was collecting was contraband (illegal) and he then arrested you and held you in jail till you posted bail (remember that a "search warrant" does not give the agent the right to enter and search your home; it is merely a "permission slip" for the agent to break the law in order to serve the government).

So when people call upon the government to allow persons to exercise their Natural rights and engage in actions that the government currently frowns upon, then the proper term is "Legalize" since "Decriminalize" is, by definition, not even a proper word; what is not a crime cannot be made into one and what is a crime cannot be excused by just making it legal...

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