Correctional institutions are overpopulated due to the incorrect juristic notion that persons determine themselves to act, or not, by law.

Worldwide overcrowded penitentiaries clearly show that people do not determine their conduct by law, for, in fact, ontologically, persons cannot determine themselves to act by given states of affairs, and, law is a given.

Human ontological originative determination to act, or not act, is negation, l.e., “determinatio negatio est”’, Baruch Spinoza (1632 -1677 ), letter to Jareg Jelles, (1674); restated by G.W. Hegel ( 1770-1731 ) as “”Omnis determinatio est negatio,” i.e., “‘All determination is negation.” ; further reiterated by J.P. Sartre (1901-1980), thus: “No factual state whatever it may be (the political and economic structure of society, the psychological “state,” etc.) is capable by itself of motivating any act whatsoever. For an act is a projection of the for-itself toward what is not, and what is can in no way determine by itself what is not.” And, further: “But if human reality is action, this means evidently that its determination to action is itself action. If we reject this principle, and if we admit that human reality can be determined to action by a prior state of the world or itself, this amounts to putting a given at the beginning of the series. Then these acts disappear as acts in order to give place to a series of movements...The existence of the act implies its autonomy...Furthermore, if the act is not pure motion, it must be defined by an intention. No matter how this intention is considered, it can be only a surpassing of the given toward a result to be attained. This given, in fact, since it is pure presence, cannot get out of itself. Precisely because it is, it is fully and solely what it is. Therefore it can not provide the reason for a phenomenon which derives all its meaning from a result to be attained; that is, from a non-existent… This intention, which is the fundamental structure of human reality, can in no case be explained by a given, not even if it is presented as an emanation from a given.” (“Being and Nothingness: An Essay in Phenomenological Ontology.” J.P. Sartre, Part Four. 1943.)

Characterizable as merely pre-reflectively free, extant jurisprudentially oriented persons are neither cognizant of the purely nihilational ontological structure of the origin of their own acts, nor of the wholly doubly nihilative mode of upsurge of all human action/inaction. Being pre-reflectively free regarding the purely negative originative structure of a human act, jurisprudent’s currently hold to the incorrect notion that given language of man made law is efficient to determine/originate both human action, and, human restraint.

The mistaken notion that given published language of law is determinative of human conduct, constitutes a radically profound error, concerning the very ontological structure of the rise of human action.

Language of prohibitive law is not correctly human; as an unintentionally dishonest con, law is both failure to correctly comprehend human action, and, an absolute failure as a means constitutive of genuine human civilization.

Current pre-reflectively free jurisprudentially-oriented legislators and magistrates, mistakenly, destructively, require all persons to determine themselves to act, or not, on the basis of given language of prohibitive law, - whereby said language of law it is, in fact, ontologically impossible to originate either human action or, inaction.