The Structural Captivity Upon All Governments (Structural Captivity Of A Human Being) ler

Isbn 13: 9798241829580

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Descrição do livro

Structural captivity upon all governments is the lawful cage that every government is already inside, whether it admits it or not.

Every modern government that has accepted the International Bill of Human Rights, the UDHR, ICCPR, ICESCR and related instruments. Governments have bound themselves to a higher legal order. Above constitutions, statutes, policies and procedures sits a layer of peremptory norms (jus cogens) and covenant obligations that no State may lawfully override.
These include, among others, the inherent dignity of every human being, the right to recognition as a person before the law, freedom of thought and conscience, the protection of family life, and the prohibition of torture, servitude and arbitrary power.

In that order, the hierarchy runs like this:

Being and inherent dignity → peremptory norms → international covenants → organs of the State→ domestic law.

Governments are not at the top of this chain. They are instruments inside it. Their ministries, courts, municipalities, police, agencies and “authorities” are all organs of the State whose acts are judged against this higher law. They are structurally captive: they are supposed to move only within the boundaries set by jus cogens and the covenants they have ratified.

This captivity is not a punishment; it is a safeguard. It exists so that power can never lawfully rise above the rights of the beings it claims to govern. A statute, policy or judgment that contradicts peremptory norms is void in the universal order, no matter how confidently it is enforced in domestic practice. Internal law cannot be used as an excuse to break external obligations; budget, tradition and “how we’ve always done it” have no authority against the hierarchy.

What we see today, however, is a global inversion. Instead of living openly inside their lawful cage, governments quietly attempt to escape it. They hide the hierarchy of law from their populations, design education that never teaches peremptory norms, and present domestic legislation as the ultimate source of rights. At the same time, they deepen the unlawful captivity of beings through forced statutory identities, administrative constructs, economic dependency and emotional control.

Structural captivity upon government means this: every State that has stepped into the international human rights order now lives under a standing, inescapable obligation. It may ignore that obligation, deny it, or violate it but it cannot erase it. Whenever an organ of the State acts against inherent dignity and peremptory norms, it is not the being who stands outside the law. It is the government itself that stands in structural illegality, in rebellion against the very legal order that gives it any claim to legitimacy at all.

Número de páginas :95
Isbn 13 :9798241829580
Encadernação The Structural Captivity Upon All Governments (Structural Captivity Of A Human Being):Capa dura
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