1984 George Orwell Article 11 Analysis

The second provision in article 11 explains that individuals cannot be charged with a crime, if it was not an offense under national or international law. In addition, no stricter penalty can be enforced than the one that was suitable at the time. Although Winston declares, “…This is not illegal (nothing was illegal since there were no longer any laws) but if detected it was reasonably certain that it would be punished by death, or at least by twenty-five years in forced labor camp” (Orwell, 6). Winston says this when he begins writing the first pages of his diary, coincidently this is when he begins to commit thoughtcrime. Nevertheless, to BigBrother and the Inner Party all actions that should and should not be deemed a criminal act is seen in their eyes is in fact breaking the law. Although there were no laws on the books that explicitly specified that actions were illegal, actions
For example, when Winston and Julia, another party member begin having their affair they must be weary of how they conduct themselves in public and have to be secretive, otherwise they will be punished for their transgression, “‘If you mean confessing,’ she said, ‘we shall do that, right enough. Everybody always confesses. You can’t help it. they torture you’” (Orwell, 166). Even though there is no law (according to Winston) to vilify sexual behavior, to The Inner Party and BigBrother sexual conduct amongst Party members is a judged to be prohibited and punishable. After being caught by the thoughtpolice the two are punished for their sexual misconduct, as well as being chastised for committing thoughtcrimes. Additionally, Winston and Julia were tortured almost to the brink of death (See Appendix 1) until they had confessed to their crimes of thought and sexual deviance. The actions taken by BigBrother and The Party created an absence of the second provision from the UDHR in the