Oldal 85 [85]
OCR
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,
