Sam Vaknin's Articles in Legal

  • The Demise of Intellectual Property
    In the mythology generated by capitalism to pacify the masses, the myth of intellectual property stands out. It goes like this: if the rights to intellectual property were not defined and enforced, commercial entrepreneurs would not have taken on the risks associated with publishing books, recording records, and preparing multimedia products.
  • Legalizing Crime
    The state has a monopoly on behaviour usually deemed criminal. It murders, kidnaps, and locks up people.
  • The Argument for Torture
    The problem of the "ticking bomb" - rediscovered after September 11 by Alan Dershowitz, a renowned criminal defense lawyer in the United States - is old hat. Should physical torture be applied - where psychological strain has failed - in order to discover the whereabouts of a ticking bomb and thus prevent a mass slaughter of the innocent?
  • Corruption and Transparency
    The UNDP estimated, in 1997, that, even in rich, industrialized, countries, 15% of all firms had to pay bribes. The figure rises to 40% in Asia and 60% in Russia.
  • Money Laundering in A Changed World
    If you shop with a major bank, chances are that all the transactions in your account are scrutinized by AML (Anti Money Laundering) software.
  • The Insanity of the Defense
    If mental illness is culture-dependent and mostly serves as an organizing social principle - what should we make of the insanity defense (NGRI- Not Guilty by Reason of Insanity)?
  • Ignorance and Punishment
    The fact that one is ignorant of the law does not a sufficient defence in a court of law make. Ignorance is no protection against punishment. The adult is presumed to know all the laws. This presumption is knowingly and clearly false. So why is it made in the first place?
  • Is the Narcissist Legally Insane?
    The narcissist suffers from uncontrollable rage and grandiose fantasies. Most narcissists are also mildly obsessive-compulsive. Yet, all narcissists should be held accountable to the vast and overwhelming majority of their actions.
  • Personality Disorders as an Insanity Defense
    The insanity defense (when a person is held not responsible for his criminal actions) rests on two pillars of evidence
  • Regulate the Internet!
    Laws and regulations passed and intermittently enforced against cybercrime attempt to prevent and constrain only a few obviously illegal acts. Spammers, spyware purveyors, child pornographers, and terrorists are the blatant tip of a much subtler iceberg of malicious and pernicious misconduct.
  • The Rule of Law vs. Obedience to the Law
    Laws have to earn observance and obeisance.

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