Oldal 85 [85]
blind and many, many toothless people,” then the individual
waives their own right to enact of punishment and “transfers”
that right to the state as the bearer of sovereignty. This is the
basis of the contractual theory of criminal law. If we take a closer
look at this foundation of state law, even if this is not exactly an
explicit contract theory, it becomes clear that it is a construction
of natural law.
That is, the Cro Magnon “goes through” three stages.
1. In the first the Cro Magnon sets his own self-interest above
all else, figuring it as the unlimited same.
2. In the second the other appears, which questions the Cro
Magnon’s identity, so they either hit or get hit. They either
assert their rights by force or are oppressed. This brings
about the need for intensive communication, at least within
the group, as the Cro Magnon will be incapable of defending
themselves or of destroying the other alone. This is true of
those living in the cave as well.
3. The third occurs when the mammoth appears, and if the
Cro Magnon does not want the mammoth to be the victor,
they have to talk with those beyond their immediate circle
(nota bene: with the opposite individual/group), which is
to say, they need to communicate. If they do not, they will
become just a footnote in the pages of the history taught in
mammoth school.
The basis of cooperation based in natural law is agreement, or at
least striving for agreement. Nevertheless, agreement can be forced
even in the absence of law, although that is tyranny itself. There
have been examples of this in history. We can safely assume that
the Parisian women, who until a few days previously had been living
jovial lives, running up and down with the severed genitals of the
Swiss guards of the Tuileries Palace did not pause before they did
what they did to consider natural law and its modern application,