Cruel and unusual to whom?

15. March 2011 by admin.

Most people in the West agree that a human should not be subject to cruel and unusual punishment, as maintained by our eighth amendment and supported by an overwhelming number of Americans. But is it possible that the process of defining “cruel and unusual” has done Americans more harm than good? To understand whether or not this is the case, it is imperative to consider the concept of war, the purpose of law, and then eventually examine the unalienable rights which all human beings possess.

John Locke once described man’s natural rights as being the right to work for his food, to enjoy the products of his labor, and to live within the positive laws of Scripture (Second Treatise, sects 135 and 136). But since man cannot survive without the right to property and to secure the benefits of his labor, an assault on these rights is an assault on survival, an act Locke recognized as a declaration of war. He wrote of the matter, Read the rest of this entry »

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