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<p>As a bumper sticker, it is great philosophical statement re civil society and government systems.</p>
<p>However, legally, it falls apart rather quickly, and I would venture to guess that given certain situations you would be glad the government “looks” into your head. I do not mean, as a snoop or, as a controller, but, as to your intent.</p>
<p>Laws, which are the linchpins of civil society and government, become meaningless real fast (or put another way, become draconian) if not grounded in something higher than an action. Simply because the same action can have different meanings, which are situational dependent. </p>
<p>That is why there is something called “the spirt of the law” and “the intent” of the the person doing an action. Both this spirit and intent must be grounded in something higher-order that the society has morally decided, at some intrinsic level, represents what the people believe is right or wrong or acceptable.</p>
<p>A most basic example is someone punching another person in the face. That is an assault and if the government, i.e., the legal system, looked at a punch in the face as all the same, then society becomes dracionian in punishing human behavior.</p>
<p>For example, if a person walks up and just punches someone in the face for no reason, that action should land him charged with assault. However, if that same person is having an argument with someone and that someone becomes agitated and upset to the point where he closes inside what is deemed the other person’s personal space, is warned to back off, but then becomes openly threatening to do bodily harm, the non-aggressor sensing imminent danger has the right of self-defense to punch the aggressor in the face once said personal space is deemed hostilely violated. </p>
<p>Both punches to the face are the same action, and both are assaults in the most basic sense. However, one is punishable by law, and the other is protected by law. The only difference is when interviewed by the government (i.e., the legal system) does “get into your head” and determines the intent of your action, which is something you want to have done. It would really be draconian if both punches to the face were given punishment.</p>
<p>This but one example; it is easy to think of hundreds of these. In the most primitive sense, this is the foundation of prosecutorial discretion, which is something that is desirable given the same action in different situations.</p>