SUMMARY: Societies of social animals, including humans, are dominance hierarchies. Civil rights are codified in law to protect mechanisms of essential counter measures against excessive exploitation of the hierarchy by elite classes, which destabilizes the entire society. Systemic pathology arises when elite classes can change the regulatory codes themselves, including civil rights protections, with impunity. Laws that quash civil rights are pathological in that they impede the system-repair mechanisms that are: free expression, free association, class opposition, and negotiated structural adjustments (otherwise known as democracy). Present anti-speech laws are extreme examples of pathological laws, the application of which is a measure of the degree of totalitarianism in the society. The history of the USA of recent decades is an eminent illustration of the concepts.
The USA meltdown has been decades in the making and is the collateral result of an elite predation that has degraded structural elements needed for a healthy and resilient nation.
The aftermath is “too much regulation at the bottom, not enough at the top”: a pathological legislative and institutional structure in which elite interests have too much freedom to challenge and exploit democratic nation states, whereas middle, working and professional class actors, including small and medium-size private business, are economically, ideologically and politically constrained and suppressed to an…