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WHY THE LAWS ARE NOT IMPLEMENTED IN GREECE

By Demosthenes Kyriazis

The Laws are implemented when one and / or both of the following conditions apply. (1) When the implementation is a free and conscious choice of the citizens. (2) When the implementation is forced by the Legislation of the State; when all the offenders of the Law are punishable with  the same procedures and the same penalties, irrespective if  they are rulers or ordinary citizens.

A basic element for the consolidation and effectiveness of these conditions is the universal and non-discriminatory implementation of the Laws. If this element does not exist, then the implementation of the Laws lags, whether it is a result of free or forced choice. For obvious reasons, the implementation of the Laws in practice is done in a mixed manner; both in free and forced choices.

However, the forced implementation of the Laws is done by the violence of the State. This violence, that was mentioned by philosophers and sociologists as «legal violence",  is one of the most important but also the most controversial features of the State. Some define the State as "the body that has the moral and institutional right to practice legal violence". And some others as  ... "the monopoly of violence".

The practice of legal violence typically is justified when it aims to the implementation of the Laws, but essentially when it aims at serving the values of justice and equality of citizens; at serving the protection of citizens’ set.

But do the Laws always protect the citizens?  The legal violence always protect the citizens’ set or only those who make the laws, that is the institutional rulers and the "actual rulers"?

 It is a general finding that in Greece  neither free nor forced implementation of the Laws exists The cause of this situation is that the majority of citizens believe that the Laws do not serve the interests of citizens ‘set and that their implementation is made on a discriminatory basis; other implementation is made for the ordinary citizens and another one for the actual and institutional rulers. The deeper cause of this situation is the inherent characteristics of the political system. These characteristics create and maintain the said situation.  

Indeed, according to the principles and practices of the present Representative Democracy, the institutional right, the duty and the responsibility to take major decisions and to decide laws and rules for their implementation, belongs to the elected representatives of the citizens, to MPs.  However, the election of MPs is more dependent on the characteristics of the party leader, rather than those of delegates. In the context of this and other similar institutions and practices, the creation of laws has evolved into a substantive - not institutional - competence of the leader of the majority party.  It is important to point out that the characteristics of the leaders are not the real ones, but those created by the media and other centers of power. Citizens know such examples from their own country, but also from other countries.  

With such features of the political system the expectation of creating Laws of  Universal Protection  has little probability because it requires the overcoming of the natural and logic axiom: "The Creator overrides His Creatures". (Creator = MPs, Creatures = Laws)

In order to have Laws above their creators they must:   either to be approved by the citizens, themselves, or to be induced and limited by their basic decisions. In this case, the power of the Creator is scattering among all citizens, the chances of creating laws for delegates’ interest are minimized, while the free acceptance of the Laws from the citizens is maximized  

From the foregoing, it appears that the deep causes for which in Representative Democracy the laws do not rule, but some people/ rules do, are the inherent characteristics of the political regime and not the personal characteristics of the elected citizens as temporary governors. And something more.   With the same characteristics of the system, there will be the same results irrespective of the intellectual and moral forces of the representatives. And even.   Elected representatives, who have high intellectual and moral characteristics, but unconventional with that of the system, have only two, possibilities: To be adapted to the system characteristics, or to be rejected from it.

In the regime of the authentic Democracy, of the ancient Hellenic Democracy, the real governor was the Law, not the man.  Here's what Herodotus writes about in his VIII  book. We copy it from the book of the great Hellenist and Humanist Jacqueline De Romilly.[i]

King Xerxes wonders how the Greeks can resist his vast army. A Spartan who is close to him gives him an amazing answer. The King asks, "How can this little people resist? They do not have a leader who, like me, can  make people obey hitting them, using violence".  And the Spartan replies: "Because they tremble a leader more than your subordinates tremble you.  This Leader is the Law". Today this answer may be surprising. It describes a regime, opposed to tyranny, where sovereignty is exercised by law and not by a man.   Athens had to insist on this idea of the law, instead of tyranny.  …. And Euripides proclaims to  Iketides  (Ικετιδες ) that for a tyrant, the law is his will. 

In today's representative democracy, citizens know and experience how the Laws are created and applied. They know the immunity that MPs and the «essential rulers" have. They know how much the expenditures   has been reduced to  MPs, to Parliament, to subsidies to political parties, to government co-workers / advisers, and how much,  to pensioners, to wage earners and  to workers. 

A strong evidence of the above-mentioned irrational and immoral situation is the following: Governors are voting laws and at the same time promise to the citizens that they will not be implemented !!!.  This knowledge and experience is what shapes the appreciation and respect of the citizens towards the Laws.

The above elements are a clear answer to the question "Why the laws are not implemented in Greece?" And even explain, if they do not justify, some extreme opinions, that with the existing conditions, citizens have obligation not to implement   the laws. But this opinion is not a solution, because if applies  we will surely lead to Chaos and the Death of societies.

This visible and great danger can be faced only by one way: The Law to become again the Governor of people, as it was in the Cradle of Democracy. The today regimes to return to the principles and institutions  of the ancient Hellenic Democracy,  obviously bas to  be adapted to the social, economic and technological data of the 21st century.

New digital technology is an opportunity and a vehicle for such a change.

I wish, citizens, politicians and intellectual leaders to believe in the necessity and feasibility of this change.  

 

 

 



[i] Jacqueline De Romilly of the French Academy.  . How current is the Athenian Democracy today.  Εκδοτική Ερμής ΕΠΕ, 2009.

 

 

 

 

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