top of page
  • Foto del escritorKaren Ness

The Government



 

government – the organization that administers public force


legislation – the written rules that limit or compel certain behaviours that are imposed with public force; hypotheses of Law


legislator – a person who writes legislation in a State


chief of State – a person who heads the government and represents the State; a person who organizes the means for the executive branch to enforce the Law


magistrate – a person who organizes a trial if there is sufficient evidence that the Law was violated


Grand Jury – a large tribunal or assembly of persons drawn randomly from the People to judge if there is sufficient evidence that an individual violated the Law to be taken to trial


Jury – a smaller tribunal than the Grand Jury of persons drawn randomly from the People to judge if a person accused violated the Law and should be held liable or be free


legislative branch – body of citizens elected by a majority of voters whose function is to write and prescribe legislation for the State


judicial branch – the branch of government whose function is to determine if the Law was violated, communicate sentences that do not violate the Law to the executive branch, and inform legislature and public with regards to legislation that violates the Law


executive branch – the branch of government under the head of State that possesses the weapons whose purpose is to enforce the Law


judicial process – the process before, during, and after a trial to determine if the Law was violated and to define what is the equitable sentence for a convicted person


rule of Law – a condition where the State, government and People, do not violate the Law


due process – the part of the judicial process whose purpose is to ensure beyond a reasonable doubt that the accusation and trial of an individual accused do not violate the Law


separation of powers – the distribution of functions between different structures in government to prevent the concentration of public power

 

CONTEXTO PARA LOS TERMINOS


Government manages the use of collective or public force to apply the Law. Most modern constitutions separate its functions into legislation, trials and sentences, and the execution of sentences dictated by the courts.


The branch of government that writes and prescribes legislation that is imposed by force is the legislature or legislative branch. Legislation is a proposal of a rule for the common good, for the good of Society.


The scientific field of Law is still in its infancy, subject to facts and forces that voters and politicians do not usually want to recognize. Legislation is theory, a series of hypotheses regarding what the Law is in varying circumstances. Like any hypotheses, they are subject to refutation.


The imposition of rules with force is where the power and danger of collective force lies. Theoretically, they are rules for the common good, they are Law, but legislators, like any human being, are fallible; they don’t always succeed.


When a person in a State violates legislation it is judged in the judicial branch, the branch in charge of administrating the judicial process. A judicial process seeks to establish three things, if the legislation is Law, if there is sufficient proof that the Law was violated, and what penalty on the liberty or property of the accused is equitable reparation for the damage done.


The question as to whether it is better for a magistrate, “judge,” or the People in Juries to control the judicial process during a trial is reasoned through in the section Apolitical Justice.


Finally, the executive branch acts on the basis of a verdict of Law emitted by the judicial branch and is in charge of applying the penalty, using lethal weapons against those who resist its implementation, risking injury or death. The chief of State can veto legislation that is not Law and can refuse to use public force in a sentence that is not in accordance to Law.


The People entrust public force to government to enforce the Law, but government is the objective of intense competition for power.

 

Photograph: Colin Lloyd en Unsplash.

1 visualización0 comentarios

Entradas Recientes

Ver todo

Comments


bottom of page