August 7, 2006

EU Death Penalty Debate

Posted in criminal law, EU, law reform, murder at 6:24 am by thelawthoughts

Poland wants to reopen the death penalty debate within the EU.

The EU administration has firmly rejected the possibility any such discussion. Why are we still having this tired old debate? The death penalty does not satisfy the main aims of penal theory. It does not rehabilitate (for obvious reasons). It does not deter (or else the US wouldn’t need to keep injecting people with lethal drugs). Apart from anything else, it is so scary to live somewhere where the state has the ability, historically used arbitrarially, to kill people. How can a State tell people not to kill, when the same State kills people itself? It just doesn’t make sense.

I liked the caption – ‘Lech Kaczynski advocates traditional Catholic values’. The Beeb is not noted for its irony, so I can only guess it is unintended, but it is dripping with irony. When will some Catholics realise that ‘traditional values’ do not mean killing people? They mean ‘love thy neighbour’, ‘turn the other cheek’ and ‘do unto others as you would have them do unto you’. Forgiveness is possibly the word I heard most in my childhood, yet people touting these ‘traditional values’ say in the same breath that State sponsored killing should be REintroduced.

Sometimes I wonder whether society has really progressed at all.

June 26, 2006

Digital Libraries

Posted in copyright, EU, fair use, globalisation, internet law, politics at 3:39 am by thelawthoughts

The EU is establishing a digital library, with cooperation from museums and libraries around Europe.

I am interested in the difference in reaction between this and Google's attempt. I have never even heard of the EU effort in the media. Why don't Europeans care? Why do Americans care so much?

I'm tempted to put it down to a European-sharing stereotype, which is interested in shared culture and cultural heritage, versus an American individual-centred protection of wealth regime.

It must be more than that, but I just can't see it.

June 16, 2006

EU Constitution

Posted in constitution, EU, globalisation, law reform, politics at 7:16 am by thelawthoughts

Why can't the EU leaders work it out?

Yes, it is probably a good idea for the EU to have a constitutional document. Yes, it is probably in the interests of the EU to centralise lots of Executive functions.

However, the lack of explanation being provided, and the seeming lack of connection between the Executive, the European Parliament, and people on the street means that a Constitution will never be passed as the current requirements stand.

In a union of 25 members, who ALL must pass the Constitution, whether in Parliament or by referendum, it takes a hell of a lot of explaining by political leaders before people on the street are willing to concede power over taxes, criminal law and defence policy to some ethereal EU Parliament and even worse, some back-room EU Commission.

The leaders might be all friends, but they need to remember, they are asking Poles to allow Germans to run their defence; ex-Soviet satellites to give up their new found independence and the UK to allow taxes to be raised elsewhere, when they won't even join the Euro.

It is just not going to happen.