It’s not the drug that causes the junkie it’s the laws that causes the junkie because of course the drug laws means that he can’t go and get help because he is afraid of being arrested. He also can’t have a normal life because the war on drugs has made drugs so expensive and has made drug contracts unenforceable which means they can only be enforced through criminal violence. It becomes so profitable to sell drugs to addicts that the drug dealers have every incentive to get people addicted by offering free samples and to concentrate their drug to the highest possible dose to provoke the greatest amount of addiction as possible.Overall it is a completely staggering and completely satanic human calamity. It is the new gulag and in some ways much more brutal than the soviet gulag. In the soviet gulags there was not a huge prison rape problem and in this situation your life could be destroyed through no fault of your own through sometimes, no involvement of your own and the people who end up in the drug culture are walled off and separated as a whole and thrown into this demonic, incredibly dangerous, underworld were the quality of the drugs can’t be verified. Were contracts can’t be enforced except through breaking peoples kneecaps and the price of drugs would often led them to a life of crime.People say “well, I became a drug addict and I lost my house, family, and my job and all that.” It’s not because you became a drug addict but, because there is a war on drugs which meant that you had to pay so much for the drugs that you lost your house because you couldn't go and find help or substitutes and ended up losing your job. It’s all nonsense. The government can’t keep drugs out of prisons for heaven’s sakes. The war on drugs is not designed to be won. Its designed to continue so that the government can get the profits of drug running both directly through the CIA and other drug runners that are affiliated or through bribes and having the power of terrorizing the population. To frame someone for murder is pretty hard but to palm a packet of cocaine and say that you found it in their car is pretty damn easy and the government loves having that power." -Stefan Molyneux
Congress shall make no law abridging the freedom of production and trade...
There may be some truth (atheists) do not need to believe in a god to be good, but then if they do not believe in a god, who do they believe gives the Universal Law of following good and shunning evil? Obviously, mankind. But then that is a dangerous thing, for if a man does not believe in a god capable of giving perfect laws, he is in the position of declaring all laws come from man, and as man is imperfect, he can declare that as fallible men make imperfect laws, he can pick and choose what he wishes to follow, that which, in his own mind seems good. He does not believe in divine retribution, therefore he can also declare his own morality contrary to what the divine may decree simply because he believes there is no divine decree. He may follow his every whim and passion, declaring it to be good when it may be very evil, for he like all men is imperfect, so how can he tell what is verily good? The atheist is in danger of mistaking vice for good and consequently follow another slave master and tyrant, his own physical and mental weakness. Evil would be wittingly or unwittingly perpetrated, therefore, to recognise the existence of a perfect divine being that gives perfect Universal Laws is much better than not to believe in a god, for if there is a perfect god, they will not allow their laws to be broken with impunity as in the case with many corrupt judges on earth, but will punish accordingly in due time. Therefore, to be pious and reverent is the surest path to true freedom as a perfect god will give perfect laws to prevent all manner of slavery, tyranny and moral wantonness, even if we do not understand why they are good laws at times.
An age cannot bind itself and ordain to put the succeeding one into such a condition that it cannot extend its (at best very occasional) knowledge , purify itself of errors, and progress in general enlightenment. That would be a crime against human nature, the proper destination of which lies precisely in this progress and the descendants would be fully justified in rejecting those decrees as having been made in an unwarranted and malicious manner..
God judges men from the inside out; men judge men from the outside in. Perhaps to God, an extreme mental patient is doing quite well in going a month without murder, for he fought his chemical imbalance and succeeded; oppositely, perhaps the healthy, able and stable man who has never murdered in his life yet went a lifetime consciously, willingly never loving anyone but himself may then be subject to harsher judgment than the extreme mental patient. It might be so that God will stand for the weak and question the strong.
I started studying law, but this I could stand just for one semester. I couldn't stand more. Then I studied languages and literature for two years. After two years I passed an examination with the result I have a teaching certificate for Latin and Hungarian for the lower classes of the gymnasium, for kids from 10 to 14. I never made use of this teaching certificate. And then I came to philosophy, physics, and mathematics. In fact, I came to mathematics indirectly. I was really more interested in physics and philosophy and thought about those. It is a little shortened but not quite wrong to say: I thought I am not good enough for physics and I am too good for philosophy. Mathematics is in between.
Thomas Jefferson, that owner of many slaves, chose to begin the Declaration of Independence by directly contradicting the moral basis of slavery, writing "we hold these truths to be self-evident, that all men are created equal, and that they are endowed by their Creator with certain inalienable Rights ..." thus undercutting simultaneously any argument that Africans were racially inferior, and also that they or their ancestors could ever have been justly and legally deprived of their freedom. In doing so, however, he did not propose some radically new conception of rights and liberties. Neither have subsequent political philosophers. For the most part, we've just kept the old ones, but with the word "not" inserted here and there. Most of our most precious rights and freedoms are a series of exceptions to an overall moral and legal framework that suggests we shouldn't really have them in the first place.
At this point we can finally see what's really at stake in our peculiar habit of defining ourselves simultaneously as master and slave, reduplicating the most brutal aspects of the ancient household in our very concept of ourselves, as masters of our freedoms, or as owners of our very selves. It is the only way that we can imagine ourselves as completely isolated beings. There is a direct line from the new Roman conception of liberty – not as the ability to form mutual relationships with others, but as the kind of absolute power of "use and abuse" over the conquered chattel who make up the bulk of a wealthy Roman man's household – to the strange fantasies of liberal philosophers like Hobbes, Locke, and Smith, about the origins of human society in some collection of thirty- or forty-year-old males who seem to have sprung from the earth fully formed, then have to decide whether to kill each other or begin to swap beaver pelts.
Never judge someone's character based on the words of another. Instead, study the motives behind the words of the person casting the bad judgment. An honest woman can sell tangerines all day and remain a good person until she dies, but there will always be naysayers who will try to convince you otherwise. Perhaps this woman did not give them something for free, or at a discount. Perhaps too, that she refused to stand with them when they were wrong — or just stood up for something she felt was right. And also, it could be that some bitter women are envious of her, or that she rejected the advances of some very proud men. Always trust your heart. If the Creator stood before a million men with the light of a million lamps, only a few would truly see him because truth is already alive in their hearts. Truth can only be seen by those with truth in them. He who does not have Truth in his heart, will always be blind to her.
Always seek justice, but love only mercy. To love justice and hate mercy is but a doorway to more injustice.
So this is where all the vapid talk about the 'soul' of the universe is actually headed. Once the hard-won principles of reason and science have been discredited, the world will not pass into the hands of credulous herbivores who keep crystals by their sides and swoon over the poems of Khalil Gibran. The 'vacuum' will be invaded instead by determined fundamentalists of every stripe who already know the truth by means of revelation and who actually seek real and serious power in the here and now. One thinks of the painstaking, cloud-dispelling labor of British scientists from Isaac Newton to Joseph Priestley to Charles Darwin to Ernest Rutherford to Alan Turing and Francis Crick, much of it built upon the shoulders of Galileo and Copernicus, only to see it casually slandered by a moral and intellectual weakling from the usurping House of Hanover. An awful embarrassment awaits the British if they do not declare for a republic based on verifiable laws and principles, both political and scientific.
When a fixed code of laws, which must be observed to the letter, leaves no further care to the judge than to examine the acts of citizens and to decide whether or not they conform to the law as written; then the standard of the just or the unjust, which is to be the norm of conduct for the ignorant as well as for the philosophic citizen, is not a matter of controversy but of fact; then only are citizens not subject to the petty tyrannies of the many which are the more cruel as the distance between the oppressed and the oppressor is less, and which are far more fatal than those of a single man, for the despotism of many can only be corrected by the despotism of one; the cruelty of a single despot is proportioned, not to his might, but to the obstacles he encounters.
Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can save it; no constitution, no law, no court can even do much to help it. The spirit of liberty is the spirit which is not too sure that it is right; the spirit of liberty is the spirit which seeks to understand the minds of other men and women; the spirit of liberty is the spirit which weighs their interests alongside its own without bias.
Justice based purely on laws is about as accurate as a portrait created out of large low-resolution color pixels.If you stand back far enough it looks good.Come any closer and the glaring approximations overtake all semblance of the original.Justice should be viewable under the microscope, not from a telescope.And for that it needs to be based not on law but on truth.
The truth of the matter was something much more subtle and tremendous than any plain physical miracle could ever be. But never mind that. The important thing was that, when I did see the stars (riotously darting in all directions according to the caprice of their own wild natures, yet in every movement confirming the law), the whole tangled horror that had tormented me finally presented itself to me in its truth and beautiful shape. And I knew that the first, blind stage of my childhood had ended.
It (trying to keep the law) grants you the power to judge others and feel superior to them. You believe you are living to a higher standard than those you judge. Enforcing rules, especially in its more subtle expressions like responsibility and expectation, is a vain attempt to create certainly out of uncertainty. And contrary to what you might think, I have a great fondness for uncertainty. Rules cannot bring freedom; they only have the power to accuse.
He told us that nations of men fell into disorder, so nations of law were set up instead. He told us that nations of law then forgot justice and let the law become a Game, a Game in which the moves and the winning were more important than truth. He told us to seek justice rather than the Game.
Goldstone has done terrible damage to the cause of truth and justice and the rule of law. He has poisoned Jewish-Palestinian relations, undermined the courageous work of Israeli dissenters and—most unforgivably—increased the risk of another merciless IDF assault.
...there is therefore now no condemnation for two reasons: you are dead now; and God, as the Lamb slain from the foundation of the world, has been dead all along. The blame game was over before it started. It really was. All Jesus did was announce that truth and tell you it would make you free. It was admittedly a dangerous thing to do. You are a menace. Be he did it; and therefore, menace or not, here you stand: uncondemned, forever, now. What are you going to do with your freedom?
Jesus didn't come to earth to establish a new religion. He came to restore a broken relationship. He came to make the primary, primary again. The secondary activity of obedience to the law of God was always intended to serve the primary activity: to love God and enjoy Him forever. When that is primary, the secondary becomes a labor of love, a joyful, and "easy" burden to bear. (Matthew 11:28-30
Belief is a wonderful way to pass the time until the facts come in.
It's not the law of religion nor the principles of morality that define our highways and pathways to God; only by the Grace of God are we led and drawn, to God. It is His grace that conquers a multitude of flaws and in that grace, there is only favor. Favor is not achieved; favor is received.
The object of this Essay is to assert one very simple principle, as entitled to govern absolutely the dealings of society with the individual in the way of compulsion and control, whether the means used be physical force in the form of legal penalties, or the moral coercion of public opinion. That principle is, that the sole end for which mankind are warranted, individually or collectively in interfering with the liberty of action of any of their number, is self-protection. That the only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others. His own good, either physical or moral, is not a sufficient warrant. He cannot rightfully be compelled to do or forbear because it will be better for him to do so, because it will make him happier, because, in the opinions of others, to do so would be wise, or even right. These are good reasons for remonstrating with him, or reasoning with him, or persuading him, or entreating him, but not for compelling him, or visiting him with any evil, in case he do otherwise. To justify that, the conduct from which it is desired to deter him must be calculated to produce evil to someone else. The only part of the conduct of any one, for which he is amenable to society, is that which concerns others. In the part which merely concerns himself, his independence is, of right, absolute. Over himself, over his own body and mind, the individual is sovereign.
The first law of nature is self-preservation. Cut off that which may harm you. But if it is worth preserving, and is meaningful, nourish it and have no regrets. Ultimately, this is true living and love of self...from within.
Divide the constant tide and random noisiness of energetic flow, with conscious recurring moments of empty mind, solitude, gratitude and deep...slow...breathing. Of this, the natural law of self-preservation demands.
Our government says people must not take law in their own hands, But has given the law in the hands of people who in power. That is why people who are in power are always corrupt, arrogant, violent, Aggressive, selfish, and don't care about anyone. They get away with all the bad things they do that Is criminating unlawful and injustice
When in court, the primary role of lawyers is not to prove or disprove innocence; unbeknown to almost all lawyers and their clients, it is to save the court time.
Power does not pardon, power punishes.
But all the while, there was one thing we most needed even from the start, and certainly will need from here on out into the New Jerusalem: the ability to take our freedom seriously and act on it, to live not in fear of mistakes but in the knowledge that no mistake can hold a candle to the love that draws us home. My repentance, accordingly, is not so much for my failings but for the two-bit attitude toward them by which I made them more sovereign than grace. Grace - the imperative to hear the music, not just listen for errors - makes all infirmities occasions of glory.
The liberty of man is not safe in the hands of any church. Wherever the Bible and sword are in partnership, man is a slave. All laws for the purpose of making man worship God, are born of the same spirit that kindled the fires of the auto da fe, and lovingly built the dungeons of the Inquisition. All laws defining and punishing blasphemy -- making it a crime to give your honest ideas about the Bible, or to laugh at the ignorance of the ancient Jews, or to enjoy yourself on the Sabbath, or to give your opinion of Jehovah, were passed by impudent bigots, and should be at once repealed by honest men. An infinite God ought to be able to protect himself, without going in partnership with State Legislatures. Certainly he ought not so to act that laws become necessary to keep him from being laughed at. No one thinks of protecting Shakespeare from ridicule, by the threat of fine and imprisonment. It strikes me that God might write a book that would not necessarily excite the laughter of his children. In fact, I think it would be safe to say that a real God could produce a work that would excite the admiration of mankind.
So may the outward shows be least themselves:The world is still deceived with ornament.In law, what plea so tainted and corrupt,But, being seasoned with a gracious voice,Obscures the show of evil? In religion,What damned error, but some sober browWill bless it and approve it with a text,Hiding the grossness with fair ornament?There is no vice so simple but assumesSome mark of virtue on his outward parts.
I was glad that our venerable, almost formless religions, drained of all intransigence and purged of savage rites, linked us mysteriously to the most ancient secrets of man and of earth, not forbidding us, however, a secular explanation of facts and a rational view of human conduct.
Ignorance of the law of irreducibility was no excuse. I could no longer excuse myself with the claim that I didn't know the law -- for knowledge of self and of the world is the law that, even though unattainable, cannot be broken, and no one can excuse himself by saying that he doesn't know it. . . . The renewed originality of the sin is this: I have to carry out my unknowing, I shall be sinning originally against life.
When you present something in writing to a vast group of audiences that has an obscured meaning to it, it means that you are trying to delude your readers from figuring out your actual idea. This kind of act can jeopardize other peoples' life and someone who has a distinguished intelligence can eventually intervene your actions and you could face civil or criminal allegations for fraud because this kind of behavior is considered as a serious offense.
As the patriots of seventy-six did to the support of the Declaration of Independence, so to the support of the Constitution and Laws, let every American pledge his life, his property, and his sacred honor; – let every man remember that to violate the law, is to trample on the blood of his father, and to tear the character of his own, and his children's liberty. Let reverence for the laws, be breathed by every American mother, to the lisping babe, that prattles on her lap – let it be taught in schools, in seminaries, and in colleges; – let it be written in Primmers, spelling books, and in Almanacs; – let it be preached from the pulpit, proclaimed in legislative halls, and enforced in courts of justice. And, in short, let it become the political religion of the nation; and let the old and the young, the rich and the poor, the grave and the gay, of all sexes and tongues, and colors and conditions, sacrifice unceasingly upon its altars.While ever a state of feeling, such as this, shall universally, or even, very generally prevail throughout the nation, vain will be every effort, and fruitless every attempt, to subvert our national freedom.
Pick a leader who will make their citizens proud. One who will stir the hearts of the people, so that the sons and daughters of a given nation strive to emulate their leader's greatness. Only then will a nation be truly great, when a leader inspires and produces citizens worthy of becoming future leaders, honorable decision makers and peacemakers. And in these times, a great leader must be extremely brave. Their leadership must be steered only by their conscience, not a bribe.
In sum," Midlife said, giving the room his best you-the-jury baritone, "Our defense will be...?" He looked to Matt for the answer/"Blame the other guy," Matt said."Which other guy?""Yes.""Huh?""We blame whoever we can," Matt said. "The CFO, the COO, the C Choose-Your-Favorite-Two-Letter-Combination, the accounting firm, the banks, the board, the lower-level employees. We claim some of them are crooks. We claim some of them made honest mistakes that steamrolled.""Isn't that contradictory?" Midlife asked, folding his hands and lowering his eyebrows. "Claiming both malice and mistakes?" He stopped, looked up, smiled, nodded. Malice and mistakes. Midlife liked the way that sounded."We're looking to confuse," Matt said. "You blame enough people, nothing sticks. The jury end up knowing something went wrong but you don't know where to place the blame. We throw facts and figures at them. We bring up every possible mistake, every uncrossed t and dotted i. We act like discrepancy is a huge deal, even if it's not. We are skeptical of EVERYONE.
What do you take me for? That fool Socrates, who upheld the law at the cost of his own death – just to be ironic? I suspect that act was actually the result of his secret embarrassment of his hideous nose.
Just this past summer, I took online courses in introductory logic and law through civilization. Often the weight of history, with its facts heaped upon facts requiring complex chains of inference to sort through – I mean complex for someone with the soft brain of a tomato merchant; for me the premises are obvious and the conclusions dire and inescapable – threatened to crush me, and I was ultimately forced to abandon the whole undertaking. By way of recovery, I spent the rest of the summer immersed in a Freudian meditation on some choice tabloids. The mysterious lives of celebrities make for challenging induction. The reasoning process involves navigating many gaps in our knowledge of them. What is certain is that under the iceberg of glitz and glamor lie neurotic, depraved individuals with bizarre habits and hobbies, people who think they’re above the law.
Bang! The end of his little finger, now, and three more pieces of the rest. His middle finger was down to the knuckle, almost. Severard stared, his eyes with with horror, his breath coming short, fast gasps. Shock, amazement, stunned terror. Glokta leaned down to his ear. 'I hope you weren't planning to take up the violin, Severard. You'll be lucky if you can play a fucking gong by the time we're done here.
We preach and practice brotherhood — not only of man but of all living beings — not on Sundays only but on all the days of the week. We believe in the law of universal justice — that our present condition is the result of our past actions and that we are not subjected to the freaks of an irresponsible governor, who is prosecutor and judge at the same time; we depend for our salvation on our own acts and deeds and not on the sacrificial death of an attorney.
As soon as you say, 'I'm going to use the legal system to impose my will on you,' you're buying into a lie,' schlichtmann said. 'You'll get chaos, and the system will dissapoint you. You'll get decision-making that only makes sense in Bedlam. We think the legal system is there for us, but it's not. It's there only for itself.
Law of conservation of energy – Energy can neither be created nor be destroyed. Same thing is with the good and Evil. They say Evil is rising day by day. But if we believe science, Good is also increasing at the same pace to maintain the balance. So the universe is as good as it was at the time of Lord Ram or Jesus.
By the way, Doctor, I shall want your cooperation.''I shall be delighted.''You don't mind breaking the law?''Not in the least.''Nor running a chance of arrest?''Not in a good cause.''Oh, the cause is excellent!''Then I am your man.''I was sure that I might rely on you.
Remaining for a moment with the question of legality and illegality: United Nations Security Council Resolution 1368, unanimously passed, explicitly recognized the right of the United States to self-defense and further called upon all member states 'to bring to justice the perpetrators, organizers and sponsors of the terrorist attacks. It added that 'those responsible for aiding, supporting or harboring the perpetrators, organizers and sponsors of those acts will be held accountable.' In a speech the following month, the United Nations Secretary General Kofi Annan publicly acknowledged the right of self-defense as a legitimate basis for military action. The SEAL unit dispatched by President Obama to Abbottabad was large enough to allow for the contingency of bin-Laden's capture and detention. The naïve statement that he was 'unarmed' when shot is only loosely compatible with the fact that he was housed in a military garrison town, had a loaded automatic weapon in the room with him, could well have been wearing a suicide vest, had stated repeatedly that he would never be taken alive, was the commander of one of the most violent organizations in history, and had declared himself at war with the United States. It perhaps says something that not even the most casuistic apologist for al-Qaeda has ever even attempted to justify any of its 'operations' in terms that could be covered by any known law, with the possible exception of some sanguinary verses of the Koran.
And because the condition of man . . . is a condition of war of every one against every one, in which case every one is governed by his own reason, and there is nothing he can make use of that may not be a help unto him in preserving his life against his enemies; it followeth that in such a condition every man has a right to every thing, even to one another's body. And therefore, as long as this natural right of every man to every thing endureth, there can be no security to any man, how strong or wise soever he be, of living out the time which nature ordinarily alloweth men to live. And consequently it is a precept, or general rule of reason: that every man ought to endeavour peace, as far as he has hope of obtaining it; and when he cannot obtain it, that he may seek and use all helps and advantages of war. The first branch of which rule containeth the first and fundamental law of nature, which is: to seek peace and follow it. The second, the sum of the right of nature, which is: by all means we can to defend ourselves.
The Scholomance was a piece of Shadowhunter history come to life. A cold castle of towers and corridors carved into the side of a mountain in the Carpathians, it had existed for centuries as a place where the most elite of Shadowhunters were trained to deal with the double menaces of demons and Downworlders. It had been closed when the first Accords were signed: a show of faith that Downworlders and Shadowhunters were no longer at war.
The worship of the state is the worship of force. There is no more dangerous menace to civilization than a government of incompetent, corrupt, or vile men. The worst evils which mankind ever had to endure were inflicted by bad governments. The state can be and has often been in the course of history the main source of mischief and disaster.
While it is a truism to observe that if humans were angels, law would be unnecessary, we could equally turn the truism around, and note that if humans were devils, law would be pointless. In this sense, the law-making project always presupposes the improvability, if not the perfectibility, of humankind. Whether our view of human nature tends toward Hobbesian grimness or Rousseauian equanimity, we tend to think of law as critical to reducing brutality and violence.
There is nothing virtuous or noble about being "tolerant" of people whose attitudes and behaviors you approve of. If you don't defend the freedom of even those individuals whose attitudes and behaviors you find disgusting, narrow-minded and offensive, then you are not tolerant. To "tolerate" doesn't mean you like it or approve of it; it means only that you ALLOW it to EXIST--i.e., you refrain from violently interfering. The people who look to "government" to FORCE people to be "nice" are not tolerant.
God knew man would evolve. People think some of the Old Testament laws are absurd now because we live in a very different culture, a different time period. They had their problems and we have ours. God is constant but man is not, and he foreknew the ever-changing world his people would have to deal with; therefore, and if there is indeed an omniscient God, a Christ-like figure would be our only rational, possible connection to a constant, holy God throughout the evolution of culture and social law. The only answer that makes sense when it comes to relevance regarding religions and time periods is Christ, and the chances are slim that men could have invented it.
But you who walk facing the sun, what images drawn on the earth can hold you? You who travel with the wind, what weathervane shall direct your course? What man's law shall bind you if you break your yoke but upon no man's prison door? What laws shall you fear if you dance but stumble against no man's iron chains? And who is he that shall bring you to judgment if you tear off your garment yet leave it in no man's path? People of Orphalese, you can muffle the drum, and you can loosen the strings of the lyre, but who shall command the skylark not to sing?
It must be freely admitted that there is a sort of circle here from which it seems impossible to escape. In the order of efficient causes we assume ourselves free, in order that in the order of ends we may conceive ourselves as subject to these laws because we have attributed to ourselves freedom of will; for freedom and self-legislation of will are both autonomy...
A democracy cannot exist as a permanent form of government. It can only exist until the people discover they can vote themselves largess out of the public treasury. From that moment on, the majority always votes for the canidate promising the most benefits from the public treasury, with the result that democracy always collapses over a loose fiscal policy--to be followed by a dictatorship.
The rifle itself has no moral stature, since it has no will of its own. Naturally, it may be used by evil men for evil purposes, but there are more good men than evil, and while the latter cannot be persuaded to the path of righteousness by propaganda, they can certainly be corrected by good men with rifles.
In learning a language, when from mere words we reach the laws of words, we have gained a great deal. But if we stop at that point and concern ourselves only with the marvels of the formation of a language, seeking the hidden reason of all its apparent caprices, we do not reach that end, for grammar is not literature… When we come to literature, we find that, though it conforms to the rules of grammar, it is yet a thing of joy; it is freedom itself. The beauty of a poem is bound by strict laws, yet it transcends them. The laws are its wings. They do not keep it weighed down. They carry it to freedom. Its form is in law, but its spirit is in beauty. Law is the first step toward freedom, and beauty is the complete liberation which stands on the pedestal of law. Beauty harmonizes in itself the limit and the beyond – the law and the liberty.
But in truth, a general prohibition in a state may increase the sum of liberty, and a general permission may diminish it. It does not follow, as these people would have us believe, that a man is more free where there is least law and more restricted where there is most law.
Mr. Prince, would you like to know the most significant event in the history of freedom?""The American Revolution?""A defensible choice, a close second even, but not mine. I would choose the moment when the Roman plebians required the patricians to write down the twelve tables of the law and put them where everyone could see them -- thereby proclaimed the law supreme over the politicians. The rule of law is the essence of freedom.
Of course, if one does not fully trust the promise of God's Kingdom, he will have a hard time taking risks and making sacrifices in this life. A gospel centered around the temporal self - fleeting happiness, earthly success, vain prosperity, things such as these - is the primary ambition of the half-hearted Christian; the one who somewhat believes he is subject to an eternal death; the one who just might believe in men before God, who morbidly fears seeming less than anyone else. The man of this school feels deeply that he has but one life to live, that this must be his only chance, and therefore must have it all in his favor - from glory to comfort to riches - and have it right this instant. He is but hinting that he is overcome because he insists always that he must overcome, that his judgment comes now and by the persons around him. The point is, however, in this sense, that by grace the Christian is indeed free, but only for as long as he wants to be free - the practicality of true freedom: that of God which offers not so much freedom to be like the world as it does freedom from the pressures of having to be like the world. For Divine Law is based solely on love and freedom; whereas secular law, pressure and imitation.
It's WW2 and there are wage controls in place. Instead of health care, companies decide to offer employees shoes. Having absorbed those costs, they later lobby for every company to be required to offer shoes. That calls forth regulation and monopolization of the shoe industry. Shoes are heavily subsidized. Every shoe must be approved. Producers must be domestic. They must adhere to a certain quality. They can't discriminate based on foot size or individual need. Prices rise, and some people lack shoes, so the Affordable Shoe Act forces everyone to buy into an official shoe plan or pay a fee. Here we have a perfect plan for making shoes egregiously expensive. The entire country would be consumed with the fear of being shoeless if they lose their job. The left wing calls for a single shoe provider to offer universal shoes and the right wing meekly suggests that shoe makers be permitted to sell across state lines.Meanwhile, libertarians suggest that we just forget the whole thing and let the market make and deliver shoes of every quality to anyone from anyone. Everyone screams that this is an insane and dangerous idea.
When will the Home Office realize that when judges retire, not only are they sent home for the rest of their lives, but the only people they have left to judge are their innocent wives.''So what are you recommending?'asked Alex as they walked into the drawing room.'That judges should be shot on their seventieth birthday, and their wives granted a royal pardon and given their pensions by a grateful nation.''I may have come up with a more acceptable solution,' suggested Alex.'Like what? Making it legal to assist judges' wives to commit suicide?''Something a little less drastic,' said Alex.
...remember the ladies, and be more generous and favorable to them than your ancestors. Do not put such unlimited power into the hands of the Husbands. Remember all Men would be tyrants if they could. If particular care and attention is not paid to the Ladies we are determined to foment a Rebellion, and will not hold ourselves bound by any Laws in which we have no voice, or Representation.
Here one comes upon an all-important English trait: the respect for constituitionalism and legality, the belief in 'the law' as something above the state and above the individual, something which is cruel and stupid, of course, but at any rate incorruptible.It is not that anyone imagines the law to be just. Everyone knows that there is one law for the rich and another for the poor. But no one accepts the implications of this, everyone takes for granted that the law, such as it is, will be respected, and feels a sense of outrage when it is not. Remarks like 'They can't run me in; I haven't done anything wrong', or 'They can't do that; it's against the law', are part of the atmosphere of England. The professed enemies of society have this feeling as strongly as anyone else. One sees it in prison-books like Wilfred Macartney's Walls Have Mouths or Jim Phelan's Jail Journey, in the solemn idiocies that take places at the trials of conscientious objectors, in letters to the papers from eminent Marxist professors, pointing out that this or that is a 'miscarriage of British justice'. Everyone believes in his heart that the law can be, ought to be, and, on the whole, will be impartially administered. The totalitarian idea that there is no such thing as law, there is only power, has never taken root. Even the intelligentsia have only accepted it in theory.An illusion can become a half-truth, a mask can alter the expression of a face. The familiar arguments to the effect that democracy is 'just the same as' or 'just as bad as' totalitarianism never take account of this fact. All such arguments boil down to saying that half a loaf is the same as no bread. In England such concepts as justice, liberty and objective truth are still believed in. They may be illusions, but they are powerful illusions. The belief in them influences conduct,national life is different because of them. In proof of which, look about you. Where are the rubber truncheons, where is the caster oil? The sword is still in the scabbard, and while it stays corruption cannot go beyond a certain point. The English electoral system, for instance, is an all but open fraud. In a dozen obvious ways it is gerrymandered in the interest of the moneyed class. But until some deep change has occurred in the public mind, it cannot become completely corrupt. You do not arrive at the polling booth to find men with revolvers telling you which way to vote, nor are the votes miscounted, nor is there any direct bribery. Even hypocrisy is powerful safeguard. The hanging judge, that evil old man in scarlet robe and horse-hair wig,whom nothing short of dynamite will ever teach what century he is living in, but who will at any rate interpret the law according to the books and will in no circumstances take a money bribe,is one of the symbolic figures of England. He is a symbol of the strange mixture of reality and illusion, democracy and privilege, humbug and decency, the subtle network of compromises, by which the nation keeps itself in its familiar shape.
Well, let's see. There's—of course in the great history of America there have been rulings that there's never going to be absolute consensus by every American, and there are those issues, again, like Roe v. Wade, where I believe are best held on a state level and addressed there. So, you know, going through the history of America, there would be others. But, um.
There are few genuine conservatives within the U.S. political system, and it is a sign of the intellectual corruption of the age that the honorable term 'conservatism' can be appropriated to disguise the advocacy of a powerful, lawless, aggressive and violent state, a welfare state for the rich dedicated to a lunatic form of Keynesian economic intervention that enhances state and private power while mortgaging the country's future.
A president cannot defend a nation if he is not held accountable to its laws.
In my view, the pro-life movement at this point should focus on seeking to reduce the number of abortions. At times it will require political education and legal fights, at times it will require education and the establishment of alternatives to abortion, such as adoption centers. Unfortunately, such measures are sometimes opposed by so-called hard-liners in the pro-life movement. These hard-liners are fools. Because they want to outlaw all abortions, they refuse to settle for stopping some abortions; the consequence is that they end up preventing no abortions.
Because this law could mean so much or so little, it held potential for causing great mischief in the world of art and politics. We needed to reduce its uncertainty, and the best way to do that, I believed, was to force a court to interpret it, which would either void or narrow the law. To make it as broad a target as possible and to assure that someone would sue us, I reproduced the Helms amendment verbatim in the terms and conditions for grant recipients. It could not be ignored there, and if it was to be declared unconstitutional, it had to appear where the courts could not ignore it either.
If legislation is truly necessary, one would expect the government to be able to provide proof of this beyond anecdote and speculation. Such proof is the least we can expect before we accept a government restriction of liberty as legitimate.
Revealingly, the central function of the Constitution as law--the supreme law--was to impose limitations not on the behavior of ordinary citizens but on the federal government. The government, and those who ran it, were not placed outside the law, but expressly targeted by it. Indeed, the Bill of Rights is little more than a description of the lines that the most powerful political officials are barred from crossing, even if they have the power to do so and even when the majority of citizens might wish them to do so.
The law is so complex and voluminousthat no one, not even the most knowledgeable lawyer, can understand itall. Moreover, lawyers and legal scholars have not gone out of their wayto make the law accessible to the ordinary person. Just the opposite: Legalprofessionals, like the priests of some obscure religion, too often try tokeep the law mysterious and inaccessible.
It's not all about building police forces and more prisons. This is in a sense an abdication of what the rule of law is and in the same way that simply running to electoral processes has nothing to do with the true building of democracies. There's allot more to democracies then elections and there's allot more to the rule of law then law enforcement.
The Democratic Party would like to be re-elected so that they can continue to uphold almost no Occupational Safety & Health Administration (OSHA) whistle-blower complaints, enforce hardly any police internal affairs allegations, and corrupt corporations with lobbyists can continue operating outside of the law.
Here is the trap you are in.... And it's not my trap—I haven't trapped you. Because abortions are illegal, women who need and want them have no choice in the matter, and you—because you know how to perform them—have no choice, either. What has been violated here is your freedom of choice, and every woman's freedom of choice, too. If abortion was legal, a woman would have a choice—and so would you. You could feel free not to do it because someone else would. But the way it is, you're trapped. Women are trapped. Women are victims, and so are you.
For having been educated in a convent, she knew nothing of the customs or manners of the world; and found it difficult to understand that among a people piquing themselves on their liberty, it was the custom to shut a man up in perpetual confinement, to enable him to pay his debts.
Woman is like a russian roulette", i've used to say, "it doesn't matter how many you dodge away or find the ones that would steal your breath and makes you sweat, at the end of the day, the fatal one always finds you. It is simply the law of the Love Gun.
Beauty provokes harassment, the law says, but it looks through men's eyes when deciding what provokes it.
A Great Rabbi stands, teaching in the marketplace. It happens that a husband finds proof that morning of his wife's adultery, and a mob carries her to the marketplace to stone her to death.There is a familiar version of this story, but a friend of mine - a Speaker for the Dead - has told me of two other Rabbis that faced the same situation. Those are the ones I'm going to tell you.The Rabbi walks forward and stands beside the woman. Out of respect for him the mob forbears and waits with the stones heavy in their hands. 'Is there any man here,' he says to them, 'who has not desired another man's wife, another woman's husband?'They murmur and say, 'We all know the desire, but Rabbi none of us has acted on it.'The Rabbi says, 'Then kneel down and give thanks that God has made you strong.' He takes the woman by the hand and leads her out of the market. Just before he lets her go, he whispers to her, 'Tell the Lord Magistrate who saved his mistress, then he'll know I am his loyal servant.'So the woman lives because the community is too corrupt to protect itself from disorder.Another Rabbi. Another city. He goes to her and stops the mob as in the other story and says, 'Which of you is without sin? Let him cast the first stone.'The people are abashed, and they forget their unity of purpose in the memory of their own individual sins. ‘Someday,’ they think, ‘I may be like this woman. And I’ll hope for forgiveness and another chance. I should treat her as I wish to be treated.’As they opened their hands and let their stones fall to the ground, the Rabbi picks up one of the fallen stones, lifts it high over the woman’s head and throws it straight down with all his might it crushes her skull and dashes her brain among the cobblestones. ‘Nor am I without sins,’ he says to the people, ‘but if we allow only perfect people to enforce the law, the law will soon be dead – and our city with it.’So the woman died because her community was too rigid to endure her deviance.The famous version of this story is noteworthy because it is so startlingly rare in our experience. Most communities lurch between decay and rigor mortis and when they veer too far they die. Only one Rabbi dared to expect of us such a perfect balance that we could preserve the law and still forgive the deviation. So of course, we killed him.-San Angelo Letters to an Incipient Heretic
In the world as it is, torn with agonies and dissensions, we need some direction for our souls which is never away from us; which, without enslaving us or narrowing our vision, enters into every detail of our life. Everyone longs for some such inward rule, a universal rule as big as the immeasurable law of love, yet as little as the narrowness of our daily routine. It must be so truly part of us all that it makes us all one, and yet to each one the secret of his own life with God.To this need, the imitation of Our Lady is the answer; in contemplating her we find intimacy with God, the law which is the lovely yoke of the one irresistible love.
The civil magistrate cannot function without some ethical guidance, without some standard of good and evil. If that standard is not to be the revealed law of God… then what will it be? In some form or expression it will have to be the law of man (or men) - the standard of self-law or autonomy. And when autonomous laws come to govern a commonwealth, the sword is certainly wielded in vain, for it represents simply the brute force of some men’s will against the will of other men.
The negative penalties of the Old Testament case laws were not harsh but just, not a threat to society but rather the necessary judicial foundation of civic freedom… the Old Testament was harsh on criminals because it was soft on victims.
The evidence which we have of the great facts of the Bible history belongs to this class, that is, it is moral evidence; sufficient to satisfy any rational mind, by carrying it to the highest degree of moral certainty. If such evidence well justify the taking away of human life or liberty, in the one case, surely it ought to be deemed sufficient to determine our faith in the other.
But the Christian writer seems, by the usual course of the argument, to have been deprived of the common presumption of charity in his favor; and reversing the ordinary rule of administering justice in human tribunals, his testimony is unjustly presumed to be false, until it is proved to be true. ...{independent historians} have been treated, in the argument, almost as if the New Testament were the entire production, at once, of a body of men, conspiring by a joint fabrication, to impose a false religion upon the world.
In this world, if you raise objections saying, ‘my mother-in-law harasses me. My father-in-law harasses me’, then there is no end to it. Instead, just put up a sign that says, ‘no objection whatsoever!’ Even if someone comes raising objection [issues with you], you do not let any problems with him, can you or can you not keep it that way?
Whatever happened in those more than one hundred years, from the time my great-great-great grandfather studied law to the time when my own father took his bar exam in 1989, I may never know. Perhaps it was just greed and the good, old-fashion corruption that comes with power. The Drexlers have moved from the fight for human rights to the fight for corporations and wealthy individuals. We file their taxes, write their contracts, clean up their messes. As I see it, we have become little more than glorified Public Relations reps
What is it that Australians celebrate on 26 January? Significantly, many of them are not quite sure what event they are commemorating. Their state of mind fascinated Egon Kisch, an inquisitive Czech who was in Sydney at the end of January 1935. Kisch has a place in our history as the victim, or hero, of a ludicrous chapter in the history of our immigration laws. He had been invited to Melbourne for a Congress against War and Fascism, and was forbidden to land by order of the attorney-general, R. G. Menzies. He had jumped overboard, broken his leg, gone to hospital, failed a dictation test in Gaelic and been sentenced to imprisonment and deportation. When the High Court declared Gaelic not a language, Kisch was free to hobble on our soil...
So the next day I asked Dan how is it that Bubba can get killed, and what kind of half assed nature law would allow that. He thought about it for a while, and said, 'Well, I'll tell you, Forrest, all of these laws are not specially pleasing to us. But there is laws nonetheless. Like when a tiger pounce on a monkey in the jungle - bad for the money, but good for the tiger. That is just the way it is.
Countless communities have virtually outlawed unstructured outdoor nature play, often because of the threat of lawsuits, but also because of a growing obsession with order. Many parents now believe outdoor play is verboten even when it is not; perception is nine-tenths of the law.
The fancies that take their monstrous birth from the spinelessness and boredom of usurped wealth bring in their wake every defect ... and though rich men's crimes escape the law, protected as they are by the cowardice of governments and people, Nature, more real than society, sets her anarchic example by abandoning the wretched time servers of Capital to the shame and madness of the worst aberrations.
Which countries contain the most peaceful, the most moral, and the happiest people? Those people are found in the countries where the law least interferes with private affairs; where government is least felt; where the individual has the greatest scope, and free opinion the greatest influence; where administrative powers are fewest and simplest; where taxes are lightest and most nearly equal, and popular discontent the least excited and the least justifiable; where individuals and groups most actively assume their responsibilities, and, consequently, where the morals of admittedly imperfect human beings are constantly improving; where trade, assemblies, and associations are the least restricted; where labor, capital, and populations suffer the fewest forced displacements; where mankind most nearly follows its own natural inclinations; where the inventions of men are most nearly in harmony with the laws of God; in short, the happiest, most moral, and most peaceful people are those who most nearly follow this principle: Although mankind is not perfect, still, all hope rests upon the free and voluntary actions of persons within the limits of right; law or force is to be used for nothing except the administration of universal justice.
Life with a man is more businesslike after it, and money matters work better. And then, you see, if you have rows, and he turns you out of doors, you can get the law to protect you, which you can't otherwise, unless he half-runs you through with a knife, or cracks your noddle with a poker. And if he bolts away from you--I say it friendly, as woman to woman, for there's never any knowing what a man med do-- you'll have the sticks o' furniture, and won't be looked upon as a thief.
The apostle Paul claimed the Law is written on the 'fleshy tables' of the human heart (2 Cor. 3:3 KJV). What he meant are these 'shoulds' and 'shouldn'ts' are both instinctual and inescapable, part of our DNA. They are a psychological reality. We may justify our actions away, but deep down, we know when we've done something wrong.
Every religion contains portions of the law. In fact, some unbelievers, by their knowledge of the law, have advanced so far that they realize that their souls need to be cleansed, that their thoughts and desires need to be purified. But only in the Christian religion will you find the Gospel. Other religions do not contain even a speck of it.
Even though he had admitted to her that he used to watch me shower through a hole in the bathroom wall back when I was thirteen. She blamed us both for what we had "done" to her. But it sounds like she got over being mad at him pretty quick. She later told me that she had to go back and have sex with him one more time, just to make sure that there was nothing left between the two of them and to get some closure. That almost made me want to vomit. The only interaction between us after that was her showing up at the courthouse when I had to sit in front of a grand jury of twelve strangers and tell them what had happened. She came into the waiting room where I was sitting and started screaming that I was a whore and that I'd fucked her husband. She had to be escorted out of the court by two officers. That's what I got from her.
How can you be a 'Former-Father'? Is it possible to be a father but, because someone or something is determined to illegalize it, being a father becomes a thing of the past? Should you simply consign yourself to be effectively dead to your living children; as though the fact of being their father has somehow been terminated, nullified or otherwise, deemed non-existent? I believe the basic answer to be 'No!
If the Pentateuch be true, religious persecution is a duty. The dungeons of the Inquisition were temples, and the clank of every chain upon the limbs of heresy was music in the ear of God. If the Pentateuch was inspired, every heretic should be destroyed; and every man who advocates a fact inconsistent with the sacred book, should be consumed by sword and flame.In the Old Testament no one is told to reason with a heretic, and not one word is said about relying upon argument, upon education, nor upon intellectual development—nothing except simple brute force. Is there to-day a christian who will say that four thousand years ago, it was the duty of a husband to kill his wife if she differed with him upon the subject of religion? Is there one who will now say that, under such circumstances, the wife ought to have been killed? Why should God be so jealous of the wooden idols of the heathen? Could he not compete with Baal? Was he envious of the success of the Egyptian magicians? Was it not possible for him to make such a convincing display of his power as to silence forever the voice of unbelief? Did this God have to resort to force to make converts? Was he so ignorant of the structure of the human mind as to believe all honest doubt a crime? If he wished to do away with the idolatry of the Canaanites, why did he not appear to them? Why did he not give them the tables of the law? Why did he only make known his will to a few wandering savages in the desert of Sinai? Will some theologian have the kindness to answer these questions? Will some minister, who now believes in religious liberty, and eloquently denounces the intolerance of Catholicism, explain these things; will he tell us why he worships an intolerant God? Is a god who will burn a soul forever in another world, better than a christian who burns the body for a few hours in this? Is there no intellectual liberty in heaven? Do the angels all discuss questions on the same side? Are all the investigators in perdition? Will the penitent thief, winged and crowned, laugh at the honest folks in hell? Will the agony of the damned increase or decrease the happiness of God? Will there be, in the universe, an eternal auto da fe?
In my father's last letter he said that the world is run by those willing to take the responsibility for the running of it. If it is life that you feel you are missing I can tell you where to find it. In the law courts, in business, in government. There is nothing occurring in the streets. Nothing but a dumbshow composed of the helpless and the impotent.
God is not a God of confusion, although at times one's judgment, for a period, may become clouded in the mi(d)st of one's growth process. I stopped fooling myself into thinking that Christ is always for the cool kids and never for those upright and uptight religious people everybody hates.
As an anarch, who acknowledges neither law nor custom, I owe it to myself to get at the very heart of things. I then probe them in terms of their contradictions, like image and mirror image. Either is imperfect – by seeking to unite them, which I practice every morning, I manage to catch a corner of reality.
Not only do skeptics such as Lanning choose to ignore eyewitness/victim accounts of ritual criminal activity, they apparently also choose to overlook the significant number of cases of ritual abuse in which perpetrators have confessed to their crimes. In the Bottoms et al. (1991; 1993) study of 2,292 cases of ritual abuse, perpetrators in 30% of the child cases confessed to abusing one or more children, and perpetrators in 15% of adult cases confessed to perpetrating as well. In the case studied by Snow and Sorenson (1990), two adolescent perpetrators admitted to charges of abuse. Both of these sets of data require further analysis to determine which acts of ritual abuse were confessed to by what number of perpetrators.Corroboration and eyewitness accounts offered by children should also be given serious attention when therapists and investigators can demonstrate that no contamination of the children’s disclosures has taken place. In the case studied by Jonker and Jonker-Bakker (1991), children from different schools and different locales gave accounts of perpetrators, abuse locations, and abusive acts that were mutually corroborating. Accounts of tunnels under the McMartin preschool given by children claiming to have been ritually abused at the school were fully corroborated when the existence and location of the tunnels were documented by a professional team of archaeologists (Summit, 1994)."from Denying Ritual Abuse of ChildrenThe Journal of Psychohistory 22 (3) 1995
It has become fashionable in the last several years for the media to minimize and even dissemble about the data which so strongly support the existence of ritual abuse. Amazingly, this has happened even in relation to ritual abuse cases in which criminal convictions have been obtained. Parenting magazine (Ruben, 1994), for example, asserted that “far more cases (of ritual abuse) end in acquittal” than in conviction.In fact, 58% of the ritual abuse cases in the Finkeihor (1988) study that went to trial resulted in convictions. In the Kelly (1992b) study, convictions were obtained in 80% of the ritual and sexual abuse cases combined; since there were no significant differences between the rates of criminal conviction in these two groups, we can surmise that convictions were obtained in approximately 80% of the ritual abuse cases Kelly studied. Finally, and most significant given the thousands of cases studied, convictions were obtained in 11% of all ritual child abuse cases studied by Bottoms et al. (1991; 1993)."from Denying Ritual Abuse of ChildrenThe Journal of Psychohistory 22 (3) 1995
Know the laws before you break them
I think the idea that we have anything to begin with is a lie we tell ourselves every day until we believe it. I think the law is there to enforce fictions that would not exist otherwise. Certain laws prevent us from deviating from those fictions, and thrive as a framework for the lifestyle we are all required to live. I believe that the reason possession is nine-tenths of the law is that without those laws there wouldn’t be any possession at all.
Our civil and criminal codes reflect at many points the spirit of the Mosaic. In the criminal code we find no feminine pronouns, as "He," "His," "Him," we are arrested, tried and hung, but singularly enough, we are denied the highest privileges of citizens, because the pronouns "She," "Hers" and "Her," are not found in the constitutions. It is a pertinent question, if women can pay the penalties of their crimes as "He," why may they not enjoy the privileges of citizens as "He"?
Young women are not putting themselves in danger. The people around them are doing the real damage. Who? you might wonder. The abstinence teacher who tells her students that they'll go to jail if they have premarital sex. The well-founded organization that tells girls on college campuses that they should be looking for a husband, not taking women's studies classes. The judge who rules against a rape survivor because she didn't meet whatever standard for a victim he had in mind. The legislator who pushes a bill to limit young women's access to abortion because he doesn't think they're smart enough to make their own decisions. These are the people who are making the world a worse place, and a more dangerous one, at that, for girls and young women. We're just doing our best to live in it.
Young women are not putting themselves in danger. The people around them are doing the real damage. Who? you might wonder. The abstinence teacher who tells her students that they'll go to jail if they have premarital sex. The well-founded organizarion that tells girls on college campuses that they should be looking for a husband, not taking women's studies classes. The judge who rules against a rape survivor because she didn't meet whatever standard for a victim he had in mind. The legislator who pushes a bill to limit young women's access to abortion because he doesn't think they're smart enough to make their own decisions. These are the people who are making the world a worse place, and a more dangerous one, at that, for girls and young women. We're just doing our best to live in it.
Young women are not putting themselves in danger. The people around them are doing the real damage. Who? you might wonder. The abstinence teacher who tells her students that they'll go to jail if they have premarital sex. The well-founded organizarion that tells girls on college campuses that they should be looking for a husband, not taking women's studies classes. The judge who rules against a rape survivor because she didn't meet whatevel standard for a victim he had in mind. The legislator who pushes a bill to limit young women's access to abortion because he doesn't think they're smart enough to make their own decisions. These are the people who are making the world a worse place, and a more dangerous one, at that, for girls and young women. We're just doing our best to live in it.
Men who are in prison for rape think it's the dumbest thing that ever happened... it's isn't just a miscarriage of justice; they were put in jail for something very little different from what most men do most of the time and call it sex. The only difference is they got caught. That view is nonremorseful and not rehabilitative. It may also be true. It seems to me that we have here a convergence between the rapists's view of what he has done and the victim's perspective on what was done to her. That is, for both, their ordinary experiences of heterosexual intercourse and the act of rape have something in common. Now this gets us into immense trouble, because that's exactly how judges and juries see it who refuse to convict men accused of rape. A rape victim has to prove that it was not intercourse. She has to show that there was force and that she resisted, because if there was sex, consent is inferred. Finders of fact look for "more force than usual during the preliminaries". Rape is defined by distinction from intercourse - not nonviolence, intercourse. They ask, does this event look more like fucking or like rape? But what is their standard for sex, and is this question asked from the women's point of view? The level of force is not adjudicated at her point of violation; it is adjudicated at the standard for the normal level of force. Who sets this standard?
I'm an 'intelligent' sociopath. I don't have problems with drugs, I don't commit crimes, I don't take pleasure in hurting people, and I don't typically have relationship problems. I do have a complete lack of empathy. But I consider that an advantage, most of the time. Do I know the difference between right and wrong, and do I want to be good? Sure. ... A peaceful and orderly world is a more comfortable world for me to live in. So do I avoid breaking the law because it's 'right'? No, I avoid breaking the law because it makes sense.
Unjust laws exist; shall we be content to obey them, or shall we endeavor to amend them, and obey them until we have succeeded, or shall we transgress them at once? Men generally, under such a government as this, think that they ought to wait until they have persuaded the majority to alter them. They think that, if they should resist, the remedy would be worse than the evil. But it is the fault of the government itself that the remedy is worse than the evil. It makes it worse. Why is it not more apt to anticipate and provide for reform? Why does it not cherish its wise minority? Why does it cry and resist before it is hurt? Why does it not encourage its citizens to be on the alert to point out its faults, and do better than it would have them?
The study of law can be disappointing at times, a matter of applying narrow rules and arcane procedure to an uncooperative reality; a sort of glorified accounting that serves to regulate the affairs of those who have power--and that all too often seeks to explain, to those who do not, the ultimate wisdom and justness of their condition.But that's not all the law is. The law is also memory; the law also records a long-running conversation, a nation arguing with its conscience.
As history has repeatedly suggested, nothing is more effective for demolishing traditional legal protections than the combined claims that a crime is uniquely dangerous, and that those behind it have exceptional powers of resistance. [On witchburning in France during the 16th Century.]
Imagine a problem in psychology: to find a way of getting people in our day and age - Christians, humanitarians, nice, kind people - to commit the most heinous crimes without feeling any guilt. There is only one solution - doing just what we do now: you make them governors, superintendents, officers or policemen, a process which, first of all, presupposes acceptance of something that goes by the name of government service and allows people to be treated like inanimate objects, precluding any humane or brotherly relationships, and, secondly, ensures that people working for this government service must be so interdependent that responsibility for any consequences of the way they treat people never devolves on any one of them individually.
From this moment there would be no question of virtue or morality; for despotism cui ex honesto nulla est spes, wherever it prevails, admits no other master; it no sooner speaks than probity and duty lose their weight and blind obedience is the only virtue which slaves can still practice.
The law was not society, it began. Society was people like himself and Owen and Brillhart, who hadn't the right to take the life of another member of society. And yet the law did. "And yet the law is supposed to be the will of society at least. It isn't even that. Or maybe it is collectively," he added, aware that as always he was doubling back before he come to a point, making things as complex as possible in trying to make them certain.
For there is but one essential justice which cements society, and one law which establishes this justice. This law is right reason, which is the true rule of all commandments and prohibitions. Whoever neglects this law, whether written or unwritten, is necessarily unjust and wicked.
Some Christian lawyers—some eminent and stupid judges—have said and still say, that the Ten Commandments are the foundation of all law.Nothing could be more absurd. Long before these commandments were given there were codes of laws in India and Egypt—laws against murder, perjury, larceny, adultery and fraud. Such laws are as old as human society; as old as the love of life; as old as industry; as the idea of prosperity; as old as human love.All of the Ten Commandments that are good were old; all that were new are foolish. If Jehovah had been civilized he would have left out the commandment about keeping the Sabbath, and in its place would have said: 'Thou shalt not enslave thy fellow-men.' He would have omitted the one about swearing, and said: 'The man shall have but one wife, and the woman but one husband.' He would have left out the one about graven images, and in its stead would have said: 'Thou shalt not wage wars of extermination, and thou shalt not unsheathe the sword except in self-defence.'If Jehovah had been civilized, how much grander the Ten Commandments would have been.All that we call progress—the enfranchisement of man, of labor, the substitution of imprisonment for death, of fine for imprisonment, the destruction of polygamy, the establishing of free speech, of the rights of conscience; in short, all that has tended to the development and civilization of man; all the results of investigation, observation, experience and free thought; all that man has accomplished for the benefit of man since the close of the Dark Ages—has been done in spite of the Old Testament.
The foundation of morality on the human sentiments of what is acceptable behavior versus repulsive behavior has always made morals susceptible to change. Much of what was repulsive 100 years ago is normal today, and - although it may be a slippery slope - what is repulsive today is possible to be normal 100 years into tomorrow; the human standard has always been but to push the envelope. In this way, all generations are linked, and one can only hope that every extremist, self-proclaimed progressive is considering this ultimate 'Utopia' to which his kindness will lead at the end of the chain.
What is morality? It is not the following of enjoined rules of conduct. It is not a question of standing above temptations, or of conquering hate, anger, greed, lust and violence. Questioning your actions before and after creates the moral problem. What is responsible for this situation is the faculty of distinguishing between right and wrong and influencing your actions accordingly.Life is action. Unquestioned action is morality. Questioning your actions is destroying the expression of life. A person who lets life act in its own way without the protective movement of thought has no self to defend. What need will he have to lie or cheat or pretend or to commit any other act which his society considers immoral?
The law, and society, and religion all said it was impossible to be sane, healthy, and kill yourself. Perhaps those authorities feared that the suicide‟s reasoning might impugn the nature and value of life as organised by thePage | 49 .state which paid the coroner? And then, since you had been declared temporarily mad, your reasons for killing yourself were also assumed to be mad. So I doubt anyone paid much attention to Adrian‟s argument, with its references to philosophers ancient and modern, about the superiority of the intervening act over the unworthy passivity of merely letting life happen to you.
Law reflects but in no sense determines the moral worth of a society. The values of a reasonably just society will reflect themselves in a reasonably just law. The better the society, the less law there will be. In heaven there will be no law, and the lion shall lie down with the lamb. The values of an unjust society will reflect themselves in an unjust law. The worse the society, the more law there will be. In hell there will be nothing but law, and due process will be meticulously observed.
Those who hold to the Christian faith see law as an ultimate order of the universe. It is the invariable factor in a variable world, the unchanging order in a changing universe. Law for the Christian is thus absolute, final, and an aspect of God's creation and a manifestation of His nature. In terms of this, the Christian can hold that right is right, and wrong is wrong, that good and evil are unchanging moral categories rather than relative terms.From an evolutionary perspective, however, we have a very different concept of law. The universe is evolving, and the one constant factor is change. It is impossible therefore to speak of any absolute law. The universe has evolved by means of chance variations, and no law has any ultimacy or absolute truth. As a result when we talk about law, we are talking about social customs or mores and about statistical averages. Social customs change, and what was law to the ancient Gauls is not law to the modern Frenchmen. We can expect men's ideas of law to change as their societies change and evolve. Moreover, statistics give us an average and a mean which determine normality, and our ideas of law are governed by what is customary and socially accepted.
What sets science and the law apart from religion is that nothing is expected to be taken on faith. We're encouraged to ask whether the evidence actually supports what we're being told - or what we grew up believing - and we're allowed to ask whether we're hearing all the evidence or just some small prejudicial part of it. If our beliefs aren't supported by the evidence, then we're encouraged to alter our beliefs.
This vacillation between assertion and denial in discussions about organised abuse can be understood as functional, in that it serves to contain the traumatic kernel at the heart of allegations of organised abuse. In his influential ‘just world’ theory, Lerner (1980) argued that emotional wellbeing is predicated on the assumption that the world is an orderly, predictable and just place in which people get what they deserve. Whilst such assumptions are objectively false, Lerner argued that individuals have considerable investment in maintaining them since they are conducive to feelings of self—efficacy and trust in others. When they encounter evidence contradicting the view that the world is just, individuals are motivated to defend this belief either by helping the victim (and thus restoring a sense of justice) or by persuading themselves that no injustice has occurred. Lerner (1980) focused on the ways in which the ‘just world’ fallacy motivates victim-blaming, but there are other defences available to bystanders who seek to dispel troubling knowledge. Organised abuse highlights the severity of sexual violence in the lives of some children and the desire of some adults to inflict considerable, and sometimes irreversible, harm upon the powerless. Such knowledge is so toxic to common presumptions about the orderly nature of society, and the generally benevolent motivations of others, that it seems as though a defensive scaffold of disbelief, minimisation and scorn has been erected to inhibit a full understanding of organised abuse. Despite these efforts, there has been a recent resurgence of interest in organised abuse and particularly ritualistic abuse (eg Sachs and Galton 2008, Epstein et al. 2011, Miller 2012).
Some readers may find it a curious or even unscientific endeavour to craft a criminological model of organised abuse based on the testimony of survivors. One of the standard objections to qualitative research is that participants may lie or fantasise in interview, it has been suggested that adults who report severe child sexual abuse are particularly prone to such confabulation. Whilst all forms of research, whether qualitative or quantitative, may be impacted upon by memory error or false reporting. there is no evidence that qualitative research is particularly vulnerable to this, nor is there any evidence that a fantasy— or lie—prone individual would be particularly likely to volunteer for research into child sexual abuse. Research has consistently found that child abuse histories, including severe and sadistic abuse, are accurate and can be corroborated (Ross 2009, Otnow et al. 1997, Chu et al. 1999). Survivors of child abuse may struggle with amnesia and other forms of memory disturbance but the notion that they are particularly prone to suggestion and confabulation has yet to find a scientific basis. It is interesting to note that questions about the veracity of eyewitness evidence appear to be asked far more frequently in relation to sexual abuse and rape than in relation to other crimes. The research on which this book is based has been conducted with an ethical commitment to taking the lives and voices of survivors of organised abuse seriously.
...according to God's Word, we should not give a singe drop of evangelical consolation to those who are still living in sin. ON THE OTHER HAND, we should not address the slightest threat or rebuke to the broken hearted--but only promises delivering consolation and grace, forgiveness of sin and righteousness. Life and salvation.
I remain ‘torn’ (between a ‘hyberbolic’ ethical vision of forgiveness, pure forgiveness, and the reality of a society at work in pragmatic processes of reconciliation). But without power, desire, or need to decide. The two poles are irreducible to one another, certainly, but they remain indissociable. In order to inflect politics, or what you just called the ‘pragmatic processes’, in order to change the law (which, thus, finds itself between the two poles, the ‘ideal’ and the ‘empirical’ – and what is more important to me here is, between these two, this universalising mediation, this history of the law, the possibility of this progress of the law), it is necessary to refer to a ‘“hyperbolic” ethical vision of forgiveness’. Even if I were not sure of the words ‘vision’ or ‘ethics’ in this case, let us say that only this inflexible exigence can orient a history of laws, and evolution of the law. It alone can inspire here, now, in the urgency, without waiting, response and responsibilities.
I used to want to be a cop for a brief time, a detective, solving crimes and upholding the law, ever since I stated watching crime shows in junior high. But being a cop, contrary to what many believe, isn't like the films or television shows that we see every day. If you're the cop who has to have the grim duty of telling a parent that their child was killed, or who loses their friend on a dangerous case, or who has to interview victims of horrible crimes, somehow I imagine that you just want to quit forever on some days.
But there are not two laws, that was the next thing I thought I understood, not two laws, one for the healthy, another for the sick, but one only to which all must bow, rich and poor, young and old, happy and sad. He was eloquent. I pointed out that I was not sad. That was a mistake. Your papers, he said, I knew it a moment later. Not at all, I said, not at all. Your papers! he cried. Ah my papers.
THE ORGANIC FOODS MYTHA few decades ago, a woman tried to sue a butter company that had printed the word 'LITE' on its product's packaging. She claimed to have gained so much weight from eating the butter, even though it was labeled as being 'LITE'. In court, the lawyer representing the butter company simply held up the container of butter and said to the judge, "My client did not lie. The container is indeed 'light in weight'. The woman lost the case.In a marketing class in college, we were assigned this case study to show us that 'puffery' is legal. This means that you can deceptively use words with double meanings to sell a product, even though they could mislead customers into thinking your words mean something different. I am using this example to touch upon the myth of organic foods. If I was a lawyer representing a company that had labeled its oranges as being organic, and a man was suing my client because he found out that the oranges were being sprayed with toxins, my defense opening statement would be very simple: "If it's not plastic or metallic, it's organic."Most products labeled as being organic are not really organic. This is the truth. You pay premium prices for products you think are grown without chemicals, but most products are. If an apple is labeled as being organic, it could mean two things. Either the apple tree itself is free from chemicals, or just the soil. One or the other, but rarely both. The truth is, the word 'organic' can mean many things, and taking a farmer to court would be difficult if you found out his fruits were indeed sprayed with pesticides. After all, all organisms on earth are scientifically labeled as being organic, unless they are made of plastic or metal. The word 'organic' comes from the word 'organism', meaning something that is, or once was, living and breathing air, water and sunlight.So, the next time you stroll through your local supermarket and see brown pears that are labeled as being organic, know that they could have been third-rate fare sourced from the last day of a weekend market, and have been re-labeled to be sold to a gullible crowd for a premium price. I have a friend who thinks that organic foods have to look beat up and deformed because the use of chemicals is what makes them look perfect and flawless. This is not true. Chemical-free foods can look perfect if grown in your backyard. If you go to jungles or forests untouched by man, you will see fruit and vegetables that look like they sprouted from trees from Heaven. So be cautious the next time you buy anything labeled as 'organic'. Unless you personally know the farmer or the company selling the products, don't trust what you read. You, me, and everything on land and sea are organic.Suzy Kassem,Truth Is Crying
The problem with capitalism is that "we have a global theology without morality, without a Bible." And that's dangerous, he warns - "we're not going to be able to exist in a global context if we are the bastards of our business.
Today, acknowledgement of the prevalence and harms of child sexual abuse is counterbalanced with cautionary tales about children and women who, under pressure from social workers and therapists, produce false allegations of ‘paedophile rings’, ‘cult abuse’ and ‘ritual abuse’. Child protection investigations or legal cases involving allegations of organised child sexual abuse are regularly invoked to illustrate the dangers of ‘false memories’, ‘moral panic’ and ‘community hysteria’. These cautionary tales effectively delimit the bounds of acceptable knowledge in relation to sexual abuse. They are circulated by those who locate themselves firmly within those bounds, characterising those beyond as ideologues and conspiracy theorists. However firmly these boundaries have been drawn, they have been persistently transgressed by substantiated disclosures of organised abuse that have led to child protection interventions and prosecutions. Throughout the 1990s, in a sustained effort to redraw these boundaries, investigations and prosecutions for organised abuse were widely labelled ‘miscarriages of justice’ and workers and therapists confronted with incidents of organised abuse were accused of fabricating or exaggerating the available evidence. These accusations have faded over time as evidence of organised abuse has accumulated, while investigatory procedures have become more standardised and less vulnerable to discrediting attacks. However, as the opening quotes to this introduction illustrate, the contemporary situation in relation to organised abuse is one of considerable ambiguity in which journalists and academics claim that organised abuse is a discredited ‘moral panic’ even as cases are being investigated and prosecuted.
Allegations of multi-perpetrator and multi-victim sexual abuse emerged to public awareness in the early 1980s contemporaneously with the denials of the accused and their supporters. Multi-perpetrator sexual offences are typically more sadistic than solo offences and organised sexual abuse is no exception. Adults and children with histories of organised abuse have described lives marked by torturous and sometimes ritualistic sexual abuse arranged by family members and other care-givers and authority figures. It is widely acknowledged, at least in theory, that sexual abuse can take severe forms, but when disclosures of such abuse occur, they are routinely subject to contestation and challenge. People accused of organised, sadistic or ritualistic abuse have protested that their accusers are liars and fantasists, or else innocents led astray by overly zealous investigators. This was an argument that many journalists and academics have found more convincing than the testimony of alleged victims.
One year later the society claimed victory in another case which again did not fit within the parameters of the syndrome, nor did the court find on the issue. Fiona Reay, a 33 year old care assistant, accused her father of systematic sexual abuse during her childhood. The facts of her childhood were not in dispute: she had run away from home on a number of occasions and there was evidence that she had never been enrolled in secondary school. Her father said it was because she was ‘young and stupid’. He had physically assaulted Fiona on a number of occasions, one of which occurred when she was sixteen. The police had been called to the house by her boyfriend; after he had dropped her home, he heard her screaming as her father beat her with a dog chain.As before there was no evidence of repression of memory in this case. Fiona Reay had been telling the same story to different health professionals for years. Her medical records document her consistent reference to family problems from the age of 14. She finally made a clear statement in 1982 when she asked a gynaecologist if her need for a hysterectomy could be related to the fact that she had been sexually abused by her father. Five years later she was admitted to psychiatric hospital stating that one of the precipitant factors causing her breakdown had been an unexpected visit from her father. She found him stroking her daughter. There had been no therapy, no regression and no hypnosis prior to the allegations being made public.The jury took 27 minutes to find Fiona Reay’s father not guilty of rape and indecent assault. As before, the court did not hear evidence from expert witnesses stating that Fiona was suffering from false memory syndrome. The only suggestion of this was by the defence counsel, Toby Hedworth. In his closing remarks he referred to the ‘worrying phenomenon of people coming to believe in phantom memories’.The next case which was claimed as a triumph for false memory was heard in March 1995. A father was aquitted of raping his daughter. The claims of the BFMS followed the familiar pattern of not fitting within the parameters of false memory at all. The daughter made the allegations to staff members whom she had befriended during her stay in psychiatric hospital. As before there was no evidence of memory repression or recovery during therapy and again the case failed due to lack of corroborating evidence. Yet the society picked up on the defence solicitor’s statements that the daughter was a prone to ‘fantasise’ about sexual matters and had been sexually promiscuous with other patients in the hospital.~ Trouble and Strife, Issues 37-43
To me, many of what seemed to be Bible contradictions only pointed to the grace of Christ. It is not so much a rule book on how to be holy as it is a prophecy of the One who can make you holy. In this, I see God as the least bigoted of all in existence: While men always, in their hearts, delight in vengeance for being wronged, God is the only Being who wants to free you from the penalty of His own laws.
I do not believe that any man can preach the gospel who does not preach the Law. Lower the Law and you dim the light by which man perceives his guilt; this is a very serious loss to the sinner rather than a gain; for it lessens the likelihood of his conviction and conversion. I say you have deprived the gospel of its ablest auxiliary [its most powerful weapon] when you have set aside the Law. You have taken away from it the schoolmaster that is to bring men to Christ. they will never accept grace till they tremble before a just and holy Law. Therefore, the Law serves a most necessary purpose, and it must not be removed from its place. The Law cuts into the core of evil, it reveals the seat of the malady and informs us that the leprosy lies deep within. They must be slain by the Law before they can be made alive by the gospel.
The law was good, Paul wrote, and its purpose vital. But its purpose was also temporary. Once Christ fulfilled the law, his followers would have trivialized his sacrifice by living as though they were still subject to the law's constraints.
We cannot buy it. We are too poor. Then men who have made the law have taken our own drink from us, and have not left us wherewith to buy it. Yet they can buy it, because they are rich. I have a feeling that that is not just. I do not grudge them their riches and all it can buy for them.
Every day the choice is presented to us, in a thousand different ways, to live up to the spirit which is in us or to deny it. Whenever we talk about right and wrong we are turning the light of scrutiny upon our neighbors instead of upon ourselves. We judge in order not to be judged. We uphold the law, because it is easier than to defy it. We are all lawbreakers, all criminals, all murderers, at heart. It is not our business to get after the murderers, but to get after the murderer which exists in each and every one of us. And I mean by murder the supreme kind which consists in murdering the spirit.
When what one does, reps, or 'spits', repetitively, is foul or beastly - one summons spiritual undertakers to dine on fleshly parasites. In various forms, nature's law purges all that becomes wasteful. Change your game, or the game will change you.
I believe that there is something in all of us that is seeking expression, that wants to be heard, that wants to be accepted and respected and loved. We each express ourselves in different ways - through manipulation or domination, through receiving and giving pain, through crying, through loving, through giving hope and inspiration to others. We are all seeking the same thing - expression of who we are and what we want from this life.
Law firms can create environments for abusive relationships. This is especially true if an attorney has no self-direction, has no independent means of financial support, and has massive student loan indebtedness. You've basically made yourself an indentured servant.
The provisions for the poor which structure both land ownership and the sacred calendar in ancient Israel, the rights of gleaners and of those widows, orphans, and strangers who pass through the fields, and the cycles of freedom from debt and restoration of alienated persons and property, all work against the emergence of the poor as a class, as people marked by deprivation and hopelessness.
Law existed before grace and mercy. The law is static it cannot save. Inside of time only grace and mercy can save. It is not the job of the intellect to tame the passions of the heart, that is the job of the spirit. Emotion is deep and highly nuanced, it cannot be described by any mathematical equation. Dynamic problems require dynamic solutions.
The main thing to tell a person when you explain how to become righteous is to announce to him for free grace of God, concealing nothing, saying none other than what God says in the Gospel. Build a fence around Mount Sinai, but not around Golgotha ,because at Golgotha all God's wrath was appeased.
The great heroes of other ancient cultures were strong and clever and virtuous, but the great Jewish heroes copulated with slaves (Abraham), showed they were willing to allow others to have sex with their wives (also Abraham), cheated their brothers, seduced their in-laws, murdered, started civil wars through terrible family decisions, yet somehow-through a mixture of humility, near-insanity, and good fortune-served as conduits of God's action in the world.
What we fail to realize is we often become like Pharisees in our ruthless attempts to identify Pharisees (and impostors). While indeed some people use the old laws of religious pride to tear down men of God, others use the new laws of anti-religious anger to tear down men of God.
It is neither just the religious, the spiritual, the power-hungry, the evil, the ignorant, the corrupt, the Christian, the Muslim, the Hindu, the Buddhist, the Jew, nor the atheist that makes a hypocrite, but being a human being. Any man who thinks himself to be free of hypocrisy while committed to cherry-picking others for such, I am confident, the Almighty can prove to him a great deal of his own hypocrisy even beyond his earthly comprehension.
If Christ be a fraud, he was among the most peculiar yet brilliant of frauds in saying that only he was the way, the truth, and the life. This is the importance of grace - some people think that simply being nice and not harming others is morality; others think that following rules and tithing are morality. But without Christ, all moral beliefs ultimately boil down to the one sin which perpetually rails against the concept of grace: man's lawful, religious, and futile attempt at establishing his own righteousness.
It is a great mistake to give a man who has not been convicted of sin, certain passages that were never meant for him. The Law is what he needs. Do not offer the consolation of the gospel until he sees and knows he is guilty before God. We must give enough of the Law to take away all self-righteousness. I pity the man who preaches only one side of the truth, always the gospel and never the Law.
If you do not understand the Golden Rule, which is the most important law in the universe, then you are in trouble. All other rules in your holy books combined — are not as valuable as the ONE Golden Rule. Take two minutes to learn the most crucial law in life. Killing another human comes with the highest penalty, regardless of how you justify it. All life is sacred.
The criminals who, in the face of contumely, hatred or violence, have led the world to a higher standard and brought humanity to a diviner order, have so loved truth and righteousness as to defy the law, and in every age these men have met the life of outcasts, and the death of felons. Whatever may be said of the necessity of government to protect itself, no one can believe that any human being merits punishment for following his own highest ideal. Punishment can only be in any wise defended upon the theory that the individual is untrue to himself, that his heart is bad. But all schemes of human punishment seem specially contrived to exempt this class of men. Those who are untrue to themselves find no difficulty in obeying the state, or at least in seeming to be subservient to its laws. The cunning man without strong convictions of right and wrong can always find ample room to operate his trade inside the dead line the law lays down. Even Blackstone wrote that a man who governed his conduct solely by the law was neither an honest man nor a good citizen. The penal code cannot pretend to cover all the vicious acts of men. If there is a distinction between vicious acts and righteous acts, each are so numerous that even to catalogue them would be beyond the power of the state.
On the opening day of law school at Yale, I always counsel my first-year students never to support a law they are not willing to kill to enforce. Usually they greet this advice with something between skepticism and puzzlement, until I remind them that the police go armed to enforce the will of the state, and if you resist, they might kill you.
[W]hen men have both done and suffered injustice and have had experience of both, not being able to avoid the one and obtain the other, they think that they had better agree among themselves to have neither; hence there arise laws and mutual covenants; and that which is ordained by law is termed by them lawful and just. This they affirm to be the origin and nature of justice;—it is a mean or compromise,between the best of all, which is to do injustice and not be punished, and the worst of all, which is to suffer injustice without the power of retaliation; and justice, being at a middle point between the two, is tolerated not as a good, but as the lesser evil…
There are those of us who nature is awakening to the secrets of the universe; apart from religious dogma or occult dabbling. It is Natural Law. It is awakening the minds and quickening the senses of those whom it's calling its descendants. Nature is fighting for its rightful place, which can never be fully usurped. Those who are most open to this knowledge are artists (poets, musicians, writers) who also happen to be free thinkers or "outsiders" to the system. We hear a voice that is calling us to waken to the secrets of the universe. Perhaps in some distant future, humanity will read of us; the ones who paved the way for this Pali or New Romanticism called the awakening unto Nature's Law. It won't be technology or software that paves the way, but nature. It won't allow itself to be destroyed, maybe uninhabitable for a time for humans, but never destroyed. There are those of us, the chosen few who are following the narrow path. We will be the future thinkers and writers who generations will read about that truly changed the world, and made a way where there seemingly was none.
Studying the rule of law won't make a great litigator. It is the act of trying cases in real courtrooms with real plaintiffs and defendants and judges and juries, week after week and year after year that develops lawyers into top trial attorneys. ― Marian Deegan
Love is only surpassing sweet when it is directed toward a mortal object, and the secret of this ultimate sweetness only is defined by the bitterness of death. Thus the white peoples of the world foresee a time when their land with its rivers and mountains still lies under heaven as it does today, but other people dwell there; when their language is entombed in books, and their laws and customs have lost their living power.
Islam is in a formative period struggling to consolidate the vast reach won by both inspiration and force at its founding. Two centuries along, the faith of Muhammad hangs like an intricate veil: a religion still searching for institutional wholeness, a set of lessons to live by.
Anger should be especially kept down in punishing, because he who comes to punishment in wrath will never hold that middle course which lies between the too much and the too little. It is also true that it would be desirable that they who hold the office of Judges should be like the laws, which approach punishment not in a spirit of anger but in one of equity.
Now here's somebody who wants to smoke a marijuana cigarette. If he's caught, he goes to jail. Now is that moral? Is that proper? I think it's absolutely disgraceful that our government, supposed to be our government, should be in the position of converting people who are not harming others into criminals, of destroying their lives, putting them in jail. That's the issue to me. The economic issue comes in only for explaining why it has those effects. But the economic reasons are not the reasons
In Confucian thought, individuals practice moral virtue both by restraining themselves and pursuing their own interests. This is a dual push-and-pull process. In today’s China, the latter is taken care of by capitalism and commerce. The former, however, needs to be taken care of by the rule of law. Otherwise, the system of governance is corrupted by unrestrained individual desires and selective enforcement of ‘virtue’ or law.
Are we really moral monkeys? I don't think so. We only strike the nihilist pose selectively, to put to shame rules we no longer try to keep. When it suits us, we can be quite Puritanical: Right and wrong are in the eye of the beholder, .' The veneer is skeptical, but the core is rigid and punitive. The whole affair looks more like a fence around conduct that cannot bear close examination, than like a serious intellectual position. The whole idea of a moral law is that it binds us whether we like it or not. If it really were just a social convention –< then it wouldn't be morality. >St. Thomas denies that the basic structure of morality is a construct. It is not rooted in human will and power. Rather it is rooted in nature, in structure of creation, in the constitution of the human person – in something we cannot change by human will and power. The good and the right are not things we invent, but things we discover. They are not constructs, but gifts. These gifts are the fount of the law.
If you notice, the moral law in the other legal codes separates people (the Laws of Manu, the caste system, the Code of Hammurabi with the slave/owner distinction). In Islam, the violator is inferior to the obedient one. By contrast, in the Hebrew-Christian tradition, the law unifies people. No one is made righteous before God by keeping the law. It is only following redemption that we can truly understand the moral law for what it is---a mirror that indicts and calls the heart to seek God's help. This makes moral reasoning the fruit of spiritual understanding and not the cause of it.
If laws were real they wouldn’t need to be enforced, because if they were real they couldn’t be broken. Try breaking the law of gravity. Now that’s a law. Laws made by man are rules reflecting the current status of his moral codes. As he alters and whittles away his morality, casting bits and pieces aside, his codes change to reflect it.
Such impulses have displayed themselves very widely across left and liberal opinion in recent months. Why? For some, because what the US government and its allies do, whatever they do, has to be opposed—and opposed however thuggish and benighted the forces which this threatens to put your anti-war critic into close company with. For some, because of an uncontrollable animus towards George Bush and his administration. For some, because of a one-eyed perspective on international legality and its relation to issues of international justice and morality. Whatever the case or the combination, it has produced a calamitous compromise of the core values of socialism, or liberalism or both, on the part of thousands of people who claim attachment to them. You have to go back to the apologias for, and fellow-travelling with, the crimes of Stalinism to find as shameful a moral failure of liberal and left opinion as in the wrong-headed—and too often, in the circumstances, sickeningly smug—opposition to the freeing of the Iraqi people from one of the foulest regimes on the planet.
No society can exist unless the laws are respected to a certain degree, but the safest way to make them respected is to make them respectable. When the law and morality are in contradiction to each other, the citizen finds himself in the cruel alternative of either losing his moral sense, or of losing his respect for the law--two evils of equal magnitude, between which it would be difficult to choose. It is so much in the nature of law to support justice that in the minds of the masses they are one and the same.
First, if you are a homosexual or feel that inclination, keep yourself pure. If you are unmarried, you should practice abstinence from all sexual activity. I know this is difficult, but really what God is asking you to do is pretty much the same thing that he requires of all single people. That means not only keeping your body pure, but especially your mind. Just as heterosexual men should avoid pornography and fantasizing, you, too, need to keep your thought-life clean. Resist the temptation to rationalize sin by saying, “God made me this way.” God has made it very clear that He does not want you to indulge your desires, but to honor Him by keeping your mind and body pure. Finally, seek professional Christian counseling. With time and effort, you can come to enjoy normal, heterosexual relations with your spouse. There is hope.
To begin with, there is an almost compulsive promiscuity associated with homosexual behavior. 75% of homosexual men have more than 100 sexual partners during their lifetime. More than half of these partners are strangers. Only 8% of homosexual men and 7% of homosexual women ever have relationships lasting more than three years. Nobody knows the reason for this strange, obsessive promiscuity. It may be that homosexuals are trying to satisfy a deep psychological need by sexual encounters, and it just is not fulfilling. Male homosexuals average over 20 partners a year. According to Dr. Schmidt,The number of homosexual men who experience anything like lifelong fidelity becomes, statistically speaking, almost meaningless. Promiscuity among homosexual men is not a mere stereotype, and it is not merely the majority experience—it is virtually the only experience. Lifelong faithfulness is almost non-existent in the homosexual experience.Associated with this compulsive promiscuity is widespread drug use by homosexuals to heighten their sexual experiences. Homosexuals in general are three times as likely to be problem drinkers as the general population. Studies show that 47% of male homosexuals have a history of alcohol abuse and 51% have a history of drug abuse. There is a direct correlation between the number of partners and the amount of drugs consumed.Moreover, according to Schmidt, “There is overwhelming evidence that certain mental disorders occur with much higher frequency among homosexuals.” For example, 40% of homosexual men have a history of major depression. That compares with only 3% for men in general. Similarly 37% of female homosexuals have a history of depression. This leads in turn to heightened suicide rates. Homosexuals are three times as likely to contemplate suicide as the general population. In fact homosexual men have an attempted suicide rate six times that of heterosexual men, and homosexual women attempt suicide twice as often as heterosexual women. Nor are depression and suicide the only problems. Studies show that homosexuals are much more likely to be pedophiles than heterosexual men. Whatever the causes of these disorders, the fact remains that anyone contemplating a homosexual lifestyle should have no illusions about what he is getting into.Another well-kept secret is how physically dangerous homosexual behavior is.
So, once more, the question is: Does the Bible forbid homosexual behavior? Well, I’ve already said that it does. The Bible is so realistic! You might not expect it to mention a topic like homosexual behavior, but in fact there are six places in the Bible—three in the Old Testament and three in the New Testament—where this issue is directly addressed—not to mention all the passages dealing with marriage and sexuality which have implications for this issue. In all six of these passages homosexual acts are unequivocally condemned.In Leviticus 18.22 it says that it is an abomination for a man to lie with another man as with a woman. In Lev. 20.13 the death penalty is prescribed in Israel for such an act, along with adultery, incest, and bestiality. Now sometimes homosexual advocates make light of these prohibitions by comparing them to prohibitions in the Old Testament against having contact with unclean animals like pigs. Just as Christians today don’t obey all of the Old Testament ceremonial laws, so, they say, we don’t have to obey the prohibitions of homosexual actions. But the problem with this argument is that the New Testament reaffirms the validity of the Old Testament prohibitions of homosexual behavior, as we’ll see below. This shows they were not just part of the ceremonial laws of the Old Testament, which were done away with, but were part of God’s everlasting moral law. Homosexual behavior is in God’s sight a serious sin. The third place where homosexual acts are mentioned in the Old Testament is the horrifying story in Genesis 19 of the attempted gang rape of Lot’s visitors by the men of Sodom, from which our word sodomy derives. God destroyed the city of Sodom because of their wickedness.Now if this weren’t enough, the New Testament also forbids homosexual behavior.
In addition to these physical problems, sexually transmitted diseases are rampant among the homosexual population. 75% of homosexual men carry one or more sexually transmitted diseases, wholly apart from AIDS. These include all sorts of non-viral infections like gonorrhea, syphilis, bacterial infections, and parasites. Also common among homosexuals are viral infections like herpes and hepatitis B (which afflicts 65% of homosexual men), both of which are incurable, as well as hepatitis A and anal warts, which afflict 40% of homosexual men. And I haven’t even included AIDS. Perhaps the most shocking and frightening statistic is that, leaving aside those who die from AIDS, the life expectancy for a homosexual male is about 45 years of age. That compares to a life expectancy of around 70 for men in general. If you include those who die of AIDS, which now infects 30% of homosexual men, the life expectancy drops to 39 years of age.So I think a very good case can be made out on the basis of generally accepted moral principles that homosexual behavior is wrong. It is horribly self-destructive and injurious to another person. Thus, wholly apart from the Bible’s prohibition, there are sound, sensible reasons to regard homosexual activity as wrong.
There’s no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren’t enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for me to live without breaking laws. Who wants a nation of law-abiding citizens? What’s there in that for anyone? But just pass the kind of laws that can neither be observed or enforced nor objectively interpreted - and you create a nation of law-breakers - and then you cash in on guilt.
No account of the history of the Allahabad High Court can ever becomplete without an honourable and detailed reference to PunditKanhaiya Lal Misra and the multifaceted and many splendoured trailthat he has left behind not only in the field of Law but in almost everyother sphere of noble human activity.
The argument that personal moral views should not be imposed on others when it comes to lawmaking is incoherent and misleading. It is incoherent because a great deal of law implicitly "imposes" a particular moral view on the wider society. It would be disingenuous to pretend that the legalization of abortion on demand or euthanasia does not impose a certain moral view on the rest of society. This is especially true when arguments for abortion and euthanasia are based on rights. The appeal to rights is a moral argument, and it is this appeal to moral authority that gives force to laws enshrining rights.
For every group, malevolence is always somewhere else. Maybe we understand at this point in history that it can occur at night in darkened rooms where small children sleep. However, surely not in academia. Surely lying and deception do not occur among people who go to conferences, who write books, who testify in court, and who have PhDs.At one point I complained to a Florida judge that I was astonished to an expert witness lying on the stand [about child sexual abuse research]. I thought one had to tell the truth in court. I thought if someone didn't, she didn't get her milk and cookies. I thought God came down and plucked someone right out of the witness stand if he lied in court. I thought a lying expert witness would step out of court and get hit by a bus. A wiser woman than I, the judge's answer was, “Silly you."Confessions of a Whistle-Blower: Lessons Learned Author: Anna C. Salter. Ethics & Behavior, Volume 8, Issue 2 June 1998
If the Pentateuch is not inspired in its astronomy, geology, geography, history or philosophy, if it is not inspired concerning slavery, polygamy, war, law, religious or political liberty, or the rights of men, women and children, what is it inspired in, or about? The unity of God?—that was believed long before Moses was born. Special providence?—that has been the doctrine of ignorance in all ages. The rights of property?—theft was always a crime. The sacrifice of animals?—that was a custom thousands of years before a Jew existed. The sacredness of life?—there have always been laws against murder. The wickedness of perjury?—truthfulness has always been a virtue. The beauty of chastity?—the Pentateuch does not teach it. Thou shalt worship no other God?—that has been the burden of all religions.
The Legend of Robert HalseyThis article examines the criminal conviction of Robert Halsey for sexually abusing two young boys on his school-van route near Pittsfield, Massachusetts. Mr. Halsey's name has been invoked by academics, journalists, and activists as the victim of the “witch hunt” in this country over child sexual abuse. Based on a comprehensive examination of the trial transcript, this article details the overwhelming evidence of guilt against Mr. Halsey. The credulous acceptance of the “false conviction” legend about Robert Halsey provides a case study in the techniques and tactics used to minimize and deny sexual abuse, while promoting a narrative about “ritual abuse” and “witch hunts” that apparently requires little or no factual basis. The second part of this article analyzes how the erroneous “false conviction” narrative about Robert Halsey was constructed and how it gained widespread acceptance. The Legend of Robert Halsey provides a cautionary tale about how easy it is to wrap even the guiltiest person in a cloak of righteous “witch hunt” claims. Cases identified as “false convictions” by defense lawyers and political activists deserve far greater scrutiny from the media and the public.journal: Cheit, Ross E. "The Legend of Robert Halsey." Journal of child sexual abuse 9.3-4 (2002): 37-52.
[Refers to 121 children taken into care in Cleveland due to suspected abuse (1987) and later returned to their parents]Sue Richardson, the child abuse consultant at the heart of the crisis, watched as cases began to unravel: “All the focus started to fall on the medical findings; other supportive evidence, mainly which we held in the social services department, started to be screened out. A situation developed where the cases either were proven or fell on the basis of medical evidence alone. Other evidence that was available to the court, very often then, never got put. We would have had statement from the child, the social workers and the child psychologist’s evidence from interviewing. We would have evidence of prior concerns, either from social workers or teachers, about the child’s behaviour or other symptoms that they might have been showing, which were completely aside from the medical findings. (Channel 4 1997) Ten years after the Cleveland crisis, Sue Richardson was adamant that evidence relating to children’s safety was not presented to the courts which subsequently returned those children to their parents: “I am saying that very clearly. In some cases, evidence was not put in the court. In other cases, agreements were made between lawyers not to put the case to the court at all, particularly as the crisis developed. Latterly, that children were sent home subject to informal agreements or agreements between lawyers. The cases never even got as far as the court. (Channel 4, 1997)”Nor is Richardson alone. Jayne Wynne, one of the Leeds paediatricians who had pioneered the use of RAD as an indicator of sexual abuse and who subsequently had detailed knowledge of many of the Cleveland children, remains concerned by the haphazard approach of the courts to their protection. I think the implication is that the children were left unprotected. The children who were being abused unfortunately returned to homes and the abuse may well have been ongoing. (Channel 4 1997)
But nothing in my previous work had prepared me for the experience of reinvestigating Cleveland. It is worth — given the passage of time — recalling the basic architecture of the Crisis: 121 children from many different and largely unrelated families had been taken into the care of Cleveland County Council in the three short months of the summer of 1987. (p18)The key to resolving the puzzle of Cleveland was the children. What had actually happened to them? Had they been abused - or had the paediatricians and social workers (as public opinion held) been over-zealous and plain wrong? Curiously — particularly given its high profile, year-long sittings and £5 million cost — this was the one central issue never addressed by the Butler-Sloss judicial testimony and sifting of internal evidence, the inquiry's remit did not require it to answer the main question. Ten years after the crisis, my colleagues and I set about reconstructing the records of the 121 children at its heart to determine exactly what had happened to them... (p19)Eventually, though, we did assemble the data given to the Butler-Sloss Inquiry. This divided into two categories: the confidential material, presented in camera, and the transcripts of public sessions of the hearings. Putting the two together we assembled our own database on the children each identified only by the code-letters assigned to them by Butler-Sloss. When it was finished, this database told a startlingly different story from the public myth. In every case there was some prima fade evidence to suggest the possibility of abuse. Far from the media fiction of parents taking their children to Middlesbrough General Hospital for a tummy ache or a sore thumb and suddenly being presented with a diagnosis of child sexual abuse, the true story was of families known to social services for months or years, histories of physical and sexual abuse of siblings and of prior discussions with parents about these concerns. In several of the cases the children themselves had made detailed disclosures of abuse; many of the pre-verbal children displayed severe emotional or behavioural symptoms consistent with sexual abuse. There were even some families in which a convicted sex offender had moved in with mother and children. (p20)
It is often said that Vietnam was the first television war. By the same token, Cleveland was the first war over the protection of children to be fought not in the courts, but in the media. By the summer of 1987 Cleveland had become above all, a hot media story. The Daily Mail, for example, had seven reporters, plus its northern editor, based in Middlesbrough full time. Most other news papers and television news teams followed suit. What were all the reporters looking for? Not children at risk. Not abusing adults. Aggrieved parents were the mother lode sought by these prospecting journalists. Many of these parents were only too happy to tell — and in some cases, it would appear, sell— their stories. Those stories are truly extraordinary. In many cases they bore almost no relation to the facts. Parents were allowed - encouraged to portray themselves as the innocent victims of a runaway witch-hunt and these accounts were duly fed to the public. Nowhere in any of the reporting is there any sign of counterbalancing information from child protection workers or the organisations that employed them. Throughout the summer of 1987 newspapers ‘reported’ what they termed a national scandal of innocent families torn apart. The claims were repeated in Parliament and then recycled as established ‘facts’ by the media. The result was that the courts themselves began to be paralysed by the power of this juggernaut of press reporting — ‘journalism’ which created and painstakingly fed a public mood which brooked no other version of the story. (p21)
...Cleveland was the first war over the protection of children to be fought not in the courts, but in the media...Given that most of the hearings took place out of sight of the press, the following examples are taken from the recollection of child protection workers present in court. In one case, during a controversy that centred fundamentally around disputes over the meaning of RAD [reflex anal dilatation], a judge refused to allow ‘any evidence about children’s bottoms’ in his courtroom. A second judge — hearing an application to have their children returned by parents about whom social services had grave worries told the assembled lawyers that, as she lived in the area, she could not help but be influenced by what she read in the press. Hardly surprising then that child protection workers soon found courts not hearing their applications, cutting them short, or loosely supervising informal deals which allowed children to be sent back to parents, even in cases where there was explicit evidence of apparent abuse to be explained and dealt with. (p21)[reflex anal dilatation (RAD): a simple clue which is suggestive of anal penetration from outside. It had been recognised as a valuable weapon in the armoury of doctors examining children for many decades and was endorsed by both the British Medical Association and the Association of Police Surgeons. (p18)]
If these laws [in the Bible] belonged to any other ancient culture we would approach them very differently. We need not bother to reject the code of Hammurabi. Presumably it is because Moses is still felt to make some claim on us that this project of discrediting his law is persisted in with such energy. The unscholarly character of the project may derive from the supposed familiarity of the subject.
Anybody who thinks there's nothing wrong with this world needs to have his head examined. Just when things are going all right, without fail someone or something will come along and spoil everything. Somebody should write that down as a fundamental law of the Universe. The principle of perpetual disappointment. If there is a God who created this world, he should scrap it and try again.
[T]here are some human rights that are so deep that we can't negotiate them away. I mean people do heinous, terrible things. But there are basic human rights I believe that every human being has. The Universal Declaration of Human Rights in the United Nations says it for me. And it says there are two basic rights that can't be negotiated that government doesn't give for good behavior and doesn't take away for bad behavior. And it's the right not to be tortured and not to be killed. Because the flip side of this is that then when you say OK we're gonna turn over -- they truly have done heinous things, so now we will turn over to the government now the right to take their life. It involves other people in doing essentially the same kind of
Did you really think we want those laws observed?" said Dr. Ferris. "We want them to be broken. You'd better get it straight that it's not a bunch of boy scouts you're up against... We're after power and we mean it... There's no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren't enough criminals one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws. Who wants a nation of law-abiding citizens? What's there in that for anyone? But just pass the kind of laws that can neither be observed nor enforced or objectively interpreted – and you create a nation of law-breakers – and then you cash in on guilt. Now that's the system, Mr. Reardon, that's the game, and once you understand it, you'll be much easier to deal with.
In fact, if law were restricted to protecting all persons, all liberties, and all properties; if law were nothing more than the organized combination of the individual's right to self-defense; if law were the obstacle, the check, the punisher of all oppression and plunder — is it likely that we citizens would then argue much about the extent of the franchise?
The West is evidently no longer a safe place to express our opinions, unless we are prepared to meet a bloody end by doing so. The choice is ours, but we can be guaranteed that our government and law enforcement agencies will continue to support pedophilia, political correctness and multicultural genocide under the guise of religion.
There exists a limit to the force even the most powerful may apply without destroying themselves. Judging this limit is the true artistry of government. Misuse of power is the fatal sin. The law cannot be a tool of vengeance, never a hostage, nor a fortification against the martyrs it has created. You cannot threaten any individual and escape the consequences.
What goes up, must come down." Well, Issac Newton's law doesn't apply to the internet. That's what people don't realize. When you put something up, as long as there is an internet there will be that same stuff. When you're a senior citizen, what you uploaded to Facebook at a high school party will still be there. Whatever you upload to the internet, no matter how strong your passwords and security are, guaranteed the government or some advertising corporation will look at what you post someday. The only law that applies to the internet is, "For every reaction, there is an equal and opposite reaction." Post a photograph and you'll get attention. Post your old scanned Kodak slides and family home movies, you'll get a nostalgia rush and you'll reunite people with better days. But post a bad thing, thinking you can go unnoticed, and you'll never be able to crawl out from underneath it.
There is in all of us a strong disposition to regard what is lawful as legitimate, so much so that many falsely derive all justice from law. It is sufficient, then, for the law to order and sanction plunder, that it may appear to many consciences just and sacred. Slavery, protection, and monopoly find defenders, not only in those who profit by them, but in those who suffer by them. If you suggest a doubt as to the morality of these institutions, it is said directly—“You are a dangerous experimenter, a utopian, a theorist, a despiser of the laws; you would shake the basis upon which society rests.
If you have a really good ideas, one thing you dont need is a fucking gun. An iPad is a kind of a cool thing. They don't need to threaten you with fines to get you to buy one do they? The moment the government says they're gonna force you to do something, you know its a bad idea. If someone invites you on a date with chloroform, an old sofa, and a windowless van, it's not a date.So, the fact that ObamaCare, welfare state, military industrial complex, public schools - you name it. The fact that it has to be imposed at gunpoint is a clue that it's shit. Recognize that when there is a gun to your face, there is not a very advantageous human being on the other end.
Government cannot be religious and self-assertive at the same time. Religious experience needs a spontaneity which laws inevitably suppress. And you cannot govern without laws. Your laws eventually must replace morality, replace conscience, replace even the religion by which you think to govern. Sacred ritual must spring from praise and holy yearnings which hammer out a significant morality. Government, on the other hand, is a cultural organism particularly attractive to doubts, questions and contentions. I see the day coming when ceremony must take the place of faith and symbolism replaces morality.
FORGET FERES DOCTRINE And the military has immunity! Yes! The feres doctrine! It states “the Government is not liable under the Federal Tort Claims Act for injuries to servicemen where injuries arise out of or are in the course of activity incident to service” (U.S. Supreme Court 1950). Federal law and our Supreme Court shield acts of rape and sexual brutality in the military as proven by its subsequent ruling on a 2001 case that denied a plaintiffs right to file a civil suit against her accusers. Yet when women report the crime, it is handled internally Commanders are given the discretion to resolve complaints. The report may not go beyond his office. Many times he's part of the problem or a sympathizer with the offender. This certainly was my case! Our Supreme Court ruled as recently as 2001 that rape is an injury incident to the course of activity in the service! THE HEINOUS CRIME OF RAPE IS ACCEPTABLE AND CONDONED BY OUR SUPREME COURT! WOMEN ARE FAIR GAME FOR RAPE AND HARRASSMENT, ACCORDING TO OUR SUPREME COURT! CONGRESS IS NO BETTER! NO LAWS ARE PASSED TO PROTECT US IN THE MILITARY AGAINST THE STATUTE OF LIMITATION FOR THE FELONY OF RAPE!
It is contended by many that ours is a Christian government, founded upon the Bible, and that all who look upon the book as false or foolish are destroying the foundation of our country. The truth is, our government is not founded upon the rights of gods, but upon the rights of men. Our Constitution was framed, not to declare and uphold the deity of Christ, but the sacredness of humanity. Ours is the first government made by the people and for the people. It is the only nation with which the gods have had nothing to do. And yet there are some judges dishonest and cowardly enough to solemnly decide that this is a Christian country, and that our free institutions are based upon the infamous laws of Jehovah.
In monarchies, each man's desire to do what was right in his own eyes could be restrained by beer, or force, by patronage, or by honor, and by professional standing armies. By contrast, republics had to hold themselves together from the bottom up, ultimately.
An age cannot bind itself and ordain to put the succeeding one into such a condition that it cannot extend its (at best very occasional) knowledge , purify itself of errors, and progress in general enlightenment. That would be a crime against human nature, the proper destination of which lies precisely in this progress and the descendants would be fully justified in rejecting those decrees as having been made in an unwarranted and malicious m
Uniformity in the common law, consisting of broad principles like the "reasonable person" standard, generally permits adjustment for the circumstances. This type of uniform principle is almost synonymous with fairness. Uniform application of a detailed rule, on the other hand, will almost always favor one group over another. p. 34
Human nature turns out to be more complicated than the idea that people will get along if only the rules are clear enough. Uncertainty, the ultimate evil that modern law seeks to eradicate, generally fosters cooperation, not the opposite.
The creators of the Constitution were not purple-robed scholars, sitting in their ivory towers attempting to put abstract theories into play, but men who had come to realize that their system of government was broken. These men desired desperately to repair it.
[Jürgen Habermas' obituary to friend and philosopher, Richard Rorty]One small autobiographical piece by Rorty bears the title 'Wild Orchids and Trotsky.' In it, Rorty describes how as a youth he ambled around the blooming hillside in north-west New Jersey, and breathed in the stunning odour of the orchids. Around the same time he discovered a fascinating book at the home of his leftist parents, defending Leon Trotsky against Stalin. This was the origin of the vision that the young Rorty took with him to college: philosophy is there to reconcile the celestial beauty of orchids with Trotsky's dream of justice on earth. Nothing is sacred to Rorty the ironist. Asked at the end of his life about the 'holy', the strict atheist answered with words reminiscent of the young Hegel: 'My sense of the holy is bound up with the hope that some day my remote descendants will live in a global civilization in which love is pretty much the only law.
It is more important that innocence be protected than it is that guilt be punished, for guilt and crimes are so frequent in this world that they cannot all be punished.But if innocence itself is brought to the bar and condemned, perhaps to die, then the citizen will say, 'whether I do good or whether I do evil is immaterial, for innocence itself is no protection,' and if such an idea as that were to take hold in the mind of the citizen that would be the end of security whatsoever.
A ruler who discerning justice refuseth to it the sanction of law, demanding abnegation of rights and self-sacrifice, will not drive his subjects to these virtues, virtuous only if free, but by unnaturally making justice unlawful, will drive them rather to rebellion against all law.
Earlier in [2007] the [Prime Minister's Office] had also drawn criticism for trying to muzzle the judiciary. The reproach came from Antonio Lamer, the former chief justice of the Supreme Court....'I must say I was taken aback,' said Lamer, who sat on the Supreme Court for twenty years. 'The prime minister is going the wrong route as regards the independence of the judiciary. He's trying to interfere with the sentencing process.
For every crime that comes before him, a judge is required to complete a perfect syllogism in which the major premise must be the general law; the minor, the action that conforms or does not conform to the law; and the conclusion, acquittal or punishment. If the judge were constrained, or if he desired to frame even a single additional syllogism, the door would thereby be opened to uncertainty.
It is a considerable point in all good legislation to determine exactly the credibility of witnesses and the proofs of a crime. Every reasonable man, everyone, that is, whose ideas have a certain interconnection and whose feelings accord with those of other men, may be a witness. The true measure of his credibility is nothing other than his interest in telling or not telling the truth; for this reason it is frivolous to insist that women are too weak [to be good witnesses], childish to insist that civil death in a condemned man has the same effects as a real death, and meaningless to insist on the infamy of the infamous, when they have no interest in lying.
But even when the principle of equal treatment was betrayed, American leaders in every era have emphatically affirmed it, not so much out of hypocrisy as out of aspiration. Indeed, for those who were devoted to justice, the persistence of inequality was precisely what made equality before the law so imperative.
He proved that it was equally true if the disregard was by a ruler or by a people. "It spreads like a disease," he said. "And it's infinitely more deadly when the law is disregarded by men pretending to act for justice than when it's simply inefficient, or even when its elected administrator's are crooked.
One reason current discussions of justice are so impoverished is that our heterogeneous society does not have many shared texts. Shakespeare's plays are among the few secular texts that remain common enough and complex enough to sustain these conversation. His answers to our dilemmas may not "bear on all points." Yet they teach us not to underestimate the action of the flower.
The law is logical and is based on common sense. The trick was to argue the law in favor of your particular point of view without sounding biased. It was kind of like a magic trick: the best illusionist being the one who can best manipulate the logic to his or her advantage, all the while giving the illusion of impartiality.
[W]hen men have both done and suffered injustice and have had experience of both, not being able to avoid the one and obtain the other, they think that they had better agree among themselves to have neither; hence there arise laws and mutual covenants; and that which is ordained by law is termed by them lawful and just. This they affirm to be the origin and nature of justice;—it is a mean or compromise, between the best of all, which is to do injustice and not be punished, and the worst of all, which is to suffer injustice without the power of retaliation; and justice, being at a middle point between the two, is tolerated not as a good, but as the lesser evil…
Whether Maycomb knows it or not, we're paying the highest tribute we can pay a man. We trust him to do right. It's that simple.''Who?' Aunt Alexandra never knew she was echoing her twelve-year-old nephew.'The handful of people in this town who that that fair play is not marked White Only; the handful of people who say a fair trial is for everybody, not just us; the handful of people with enough humility to think, when they look at a Negro, there but for the Lord's kindness am I.
There are many pleasant fictions of the law in constant operation, but there is not one so pleasant or practically humorous as that which supposes every man to be of equal value in its impartial eye, and the benefits of all laws to be equally attainable by all men, without the smallest reference to the furniture of their pockets.
Roache's statement after his acquittal was dignified but his supporters were angry. They demanded to know why the case was ever brought, claiming that the actor was a victim of the "hysteria" created by revelations about Jimmy Savile. It's a curious conclusion to draw from a "not guilty" verdict; there are courtrooms where the conviction rate is 100 per cent but they tend to be in totalitarian states. In serious criminal cases in England and Wales, the rate is around 82 per cent, and I would be seriously worried if every defendant were to be found guilty.The Independent, 9 February 2014
There should be a public outcry about what happened to me and other women in the name of our government! But history has shown “the customs of society and laws of the State allowed it to crush my aspirations and barred me from the the pursuit of almost every object worthy of an intelligent, rational mind.”45 What law has the right to entrust the interest of myself and my children into the hands of such an evil bunch of men? I did not occupy my rightful place in 1976.45. (paraphrased from Gurko, Miriram, The Ladies of Seneca Falls; the Birth of the Women's Rights Movement, 1974.
They look upon fraud as a greater crime than theft, and therefore seldom fail to punish it with death; for they allege, that care and vigilance, with a very common understanding, may preserve a man's goods from thieves, but honesty has no defence against superior cunning; and, since it is necessary that there should be a perpetual intercourse of buying and selling, and dealing upon credit, where fraud is permitted and connived at, or has no law to punish it, the honest dealer is always undone, and the knave gets the advantage.
Visit the Navy-Yard, and behold a marine, such a man as an American government can make, or such as it can make a man with its black arts, -a mere shadow and reminiscence of humanity, a man laid out alive and standing, and already, as one may say, buried under arms with funeral accompaniments, though it may be, -"Not a drum was heard, not a funeral note,As his corse to the rampart were hurried;Not a soldier discharged his farewell shot,O'er the grave where our hero we buried.
Your edict, King, was strong,But all your strength is weakness itself againstThe immortal unrecorded laws of God.They are not merely now: they were, and shall be,Operative for ever, beyond man utterly.I knew I must die, even without your decree:I am only mortal. And if I must dieNow, before it is my time to die,Surely this is no hardship: can anyoneLiving, as I live, with evil all about me,Think Death less than a friend?
True law, the code of justice, the essence of our sensations of right and wrong, is the conscience of society. It has taken thousands of years to develop, and it is the greatest, the most distinguishing quality which has developed with mankind ... If we can touch God at all, where do we touch him save in the conscience? And what is the conscience of any man save his little fragment of the conscience of all men in all time?
There will always be cases that cry out to me for ultimate punishment. That is not the true issue. The pivotal question instead is whether a system of justice can be constructed that reaches only the rare, right cases, without also occasionally condemning the innocent or the undeserving.
As a society, we adhere to the belief in a fair trial for a person accused of a serious crime, but some of us struggle when it comes to the business of providing a competent lawyer to guarantee said fair trial. Lawyers like me live with the question “But how do you represent such scum?”I offer a quick “Someone has to” as I walk away.Do we really want fair trials? No, we do not. We want justice, and quickly. And justice is whatever we deem it to be on a case-by-case basis.It’s just as well that we don’t believe in fair trials because we damned sure don’t have them. The presumption of innocence is now the presumption of guilt. The burden of proof is a travesty because the proof is often lies. Guilt beyond a reasonable doubt means if he probably did it, then let’s get him off the streets.
How often do we hear from the local diocesan people—the bishop, the communications director, the victim assistance coordinator, and others—that this abuse is not restricted to clergy, but, rather, it is a societal problem? It does occur outside in the public realm. When was the last time you heard of a sex offender not being held accountable for his actions once caught? The Church treated the abuse as a sin only and nothing more. Out in society, sex offenders are not moved to another community quietly. “But protest that priests are 'no worse' than other groups or than men in general is a dire indictment of the profession. It is surprising that this attitude is championed by the Church authorities. Although the extent of the problem will continue to be debated, sexual abuse by Catholic priests is a fact. The reason why priests, publicly dedicated to celibate service, abuse is a question that cries out for explanation. Sexual activity of any adult with a minor is a criminal offense. By virtue of the requirement of celibacy, sexual activity with anyone is proscribed for priests. These factors have been constant and well-known by all Church authorities” (Sipe 227−228).
Evolution is the law of policies: Darwin said it, Socrates endorsed it, Cuvier proved it and established it for all time in his paper on 'The Survival of the Fittest.' These are illustrious names, this is a mighty doctrine: nothing can ever remove it from its firm base, nothing dissolve it, but evolution.
A common and natural result of an undue respect of law is, that you may see a file of soldiers, colonel, captain, corporal, privates, powder-monkeys, and all, marching in admirable order over hill and dale to the wars, against their wills, ay, against their common sense and consciences, which makes it very steep marching indeed, and produces a palpitation of the heart.
We magistrates find that reason is the easiest thing in the world to dispense with; banished from our law courts as it is from our heads, we delight in trampling it underfoot, and that is what makes our judicial sentences such masterpieces, since (although commonsense never presides in them) those sentences are carried out with as much firmness as if people knew what they actually meant.
A mosaic of memories takes me back to my own childhood, and then to my children. My earliest memory of St. Augustine was a day trip from Jacksonville; a day with some neighbors who were nice enough to purchase me a plastic toy-tugboat with a blue superstructure and white hull. Other accounts meld into my adult years. With its history and attractions, The Ancient City is pristine and picturesque by most accounts; but from the Newer Jail (not the Old Jail) , the perspective is very different.
If we regard the state as the father, and the citizens as children, there are three alternatives. First, the father may be bad and despotic:this, most people will agree, was the case in Czarist Russia. Second, the father may be good, but somewhat tyrannical; this is the way the Communist governments in Russia and China picture themselves. Third, the father may not act as a father at all, for the children have grown up, and there is mutual respect among them. All are now governed by the same rules of behavior (laws): this is the Anglo-American concept of nonpaternalistic humanism and liberty under law.
...the end of law is not to abolish or restrain, but to preserve and enlarge freedom: for in all the states of created beings capable of laws, where there is no law, there is no freedom: for liberty is, to be free from restraint and violence from others; which cannot be, where there is no law: but freedom is not, as we are told, a liberty for every man to do what he lists: (for who could be free, when every other man's humour might domineer over him?) but a liberty to dispose, and order as he lists, his person, actions, possessions, and his whole property, within the allowance of those laws under which he is, and therein not to be subject to the arbitrary will of another, but freely follow his own.
The internal effects of a mutable policy are still more calamitous. It poisons the blessing of liberty itself. It will be of little avail to the people, that the laws are made by men of their own choice, if the laws be so voluminous that they cannot be read, or so incoherent that they cannot be understood; if they be repealed or revised before they are promulgated, or undergo such incessant changes that no man, who knows what the law is to-day, can guess what it will be to-morrow. Law is defined to be a rule of action; but how can that be a rule, which is little known, and less fixed?
...So we passed, handcuffed and in silence, through the streets of Washington, through the Captial of a nation, whose theory of government, we are told, rests on the foundation of man's inalienable right to life, LIBERTY, and the pursuit of happiness! Hail! Columbia, happy land, indeed!
To refuse any bond of union between man and civil society, on the one hand, and God the Creator and consequently the supreme Law-giver, on the other, is plainly repugnant to the nature, not only of man, but of all created things; for, of necessity, all effects must in some proper way be connected with their cause; and it belongs to the perfection of every nature to contain itself within that sphere and grade which the order of nature has assigned to it, namely, that the lower should be subject and obedient to the higher.
Now that the wars are coming to an end, I wish you to prosper in peace. May all mortals from now on live like one people in concord and for mutual advancement. Consider the world as your country, with laws common to all and where the best will govern irrespective of tribe. I do not distinguish among men, as the narrow-minded do, both among Greeks and Barbarians. I am not interested in the descendance of the citizens or their racial origins. I classify them using one criterion: their virtue. For me every virtuous foreigner is a Greek and every evil Greek worse than a Barbarian. If differences ever develop between you never have recourse to arms, but solve them peacefully. If necessary, I should be your arbitrator.
Once, when a government agent arrived at her home with a ream of paper that documented the case against her, she asked if that law was more powerful than natural law. He told her that, yes, it was a powerful law, the law of the federal government. Then, she said, it should be more powerful that this, and she threw it into her woodstove.
But in view of the constitution, in the eye of the law, there is in this country no superior, dominant, ruling class of citizens. There is no caste here. Our constitution is color-blind, and neither knows nor tolerates classes among citizens. In respect of civil rights, all citizens are equal before the law. The humblest is the peer of the most powerful. The law regards man as man, and takes no account of his surroundings or of his color when his civil rights as guarantied by the supreme law of the land are involved.
The burden therefore rests with the American legal community and with the American human-rights lobbies and non-governmental organizations. They can either persist in averting their gaze from the egregious impunity enjoyed by a notorious war criminal and lawbreaker, or they can become seized by the exalted standards to which they continually hold everyone else. The current state of suspended animation, however, cannot last. If the courts and lawyers of this country will not do their duty, we shall watch as the victims and survivors of this man pursue justice and vindication in their own dignified and painstaking way, and at their own expense, and we shall be put to shame.
Police not enforcing laws results in a high crime rate that is formally reported as a low crime rate in police statistics.
Crime is an attitude learnt overtime and can be as a result of condition of place one has found himself. Crime can be graded, so it's possible environment can affect high class rich and low class poor. Therefore criminal justice system is supposed to be graded as to achieve equity in result.
The best criterion by which to decide whether someone has been forced outside the pale of the law is to ask if he would benefit by committing a crime. If a small burglary is likely to improve his legal position, at least temporarily, one may be sure he has been deprived of human rights.
The witch-hunt narrative is a really popular story that goes like this: Lots of people were falsely convicted of child sexual abuse in the 1980s and early 1990s. And they were all victims of a witch-hunt. It just doesn’t happen to line up with the facts when you actually look at the cases themselves in detail. But it’s a really popular narrative — I think it’s absolutely fair to say that’s the conventional wisdom. It’s what most people now think is the uncontested truth, and those cases had no basis in fact. And what 15 years of painstaking trial court research (says) is that that’s not a very fair description of those cases, and in fact many of those cases had substantial evidence of abuse. The witch-hunt narrative is that these were all gross injustices to the defendant. In fact, what it looks like in retrospect is the injustices were much more often to children.
interview from Ross E. Cheit about The Witch-Hunt Narrative: Politics, Psychology, and the Sexual Abuse of Children (Oxford University Press, February 2014).In the foreword to your book you mention a book titled Satan’s Silence was the catalyst for your research. Tell us about that. Cheit: Debbie Nathan and Michael Snedeker solidified the witch-hunt narrative in their 1995 book, Satan’s Silence: Ritual Abuse and the Making of a Modern American Witch Hunt, which included some of these cases. I was initially skeptical of the book’s argument for personal reasons. It seemed implausible to me that we had overreacted to child abuse because everything in my own personal history said we hadn’t. When I read the book closely, my skepticism increased. Satan’s Silence has been widely reviewed as meticulously researched. As someone with legal training, I looked for how many citations referred to the trial transcripts. The answer was almost none. Readers were also persuaded by long list of [presumably innocent] convicted sex offenders to whom they dedicated the book. If I’m dedicating a book to fifty-four people, all of whom I think have been falsely convicted, I’m going to mention every one of these cases somewhere in the book. Most weren’t mentioned at all beyond that dedication. The witch-hunt narrative is so sparsely documented that it’s shocking.
Talk of "witch-hunts" conceals an inconvenient fact: men charged with rape stand a better chance of walking free than other defendants. The conviction rate in rape trials – 63 per cent in 2012/13 – is quite a lot lower. Prosecutors are taking a bigger risk when they bring rape cases to court, especially when the alleged offences happened decades ago, leaving no forensic evidence.The Independent, 9 February 2014
Here is where most preachers make their mistake. They are afraid that by preaching the gospel too clearly, it will be their fault if people lapse into sin. They imagine that the gospel is food for the carnal-minded. True enough, to many the gospel does become the smell of death unto death, but that is not the fault of the Gospel. That happens only because men do not accept -do not believe-the Gospel. Faith is not merely thinking, "I believe." Your whole heart must be seized by the gospel and come to rest in it. When that happens, you are transformed and cannot help but love and serve God.
I'm amazed at how [police officers] don't want to come to court. They want to make the case and they want it to get prosecuted, but they don't want to come testify. Sorry, but the ultimate way of writing your report is telling it to a jury. When I was a defense lawyer, I used to think all police officers were liars, but now I find that there are only a few. Most of them are pretty straightforward and do a good job. But there are some, and if I know that they are liars or I know they tend to exaggerate, I try to take that into consideration when I'm dealing with their cases.
It is acknowledged that father-daughter incest occurs on a large scale in the United States. Sexual abuse has now been included in child abuse legislation. A conservative estimate is that more than 1 million women have been sexually victimized by their fathers or other male relatives, but the true figure probably is much higher. Many victims still fear reporting incest, and families continued to collude to keep the situation secret. Issues of family privacy and autonomy remain troublesome even when incest is reported and must be resolved for treatment to be effective. " Mary de Chesnay J. Psychosoc. Nurs. Med. Health Sep. 22:9-16 Sept 1984 reprinted in Talbott's 1986 edition
You ironically have to have a very strong ego structure to let go of your ego. You need to struggle with the rules more than a bit before you throw them out. You only internalize values by butting up against external values for a while.
Penalties against possession of a drug should not be more damaging to an individual than the use of the drug itself; and where they are, they should be changed. Nowhere is this more clear than in the laws against possession of marijuana in private for personal use... Therefore, I support legislation amending Federal law to eliminate all Federal criminal penalties for the possession of up to one ounce [28g] of marijuana.
But the law is an odd thing. For instance, one country in Europe has a law that requires all its bakers to sell bread at the exact same price. A certain island has a law that forbids anyone from removing its fruit. And a town not too far from where you live has a law that bars me from coming within five miles of its borders.
Most civilisation is based on cowardice. It's so easy to civilize by teaching cowardice. You water down the standards which would lead to bravery. You restrain the will. You regulate the appetites. You fence in the horizons. You make a law for every movement. You deny the existence of chaos. You teach even the children to breathe slowly. You tame.
Now, legal plunder can be committed in an infinite number of ways. Thus we have an infinite number of plans for organizing it: tariffs, protection, benefits, subsidies, encouragements, progressive taxation, public schools, guaranteed jobs, guaranteed profits, minimum wages, a right to relief, a right to the tools of labor, free credit, and so on, and so on.
You are in favour of the common people?” said Dragon mildly.The common people?” said Vimes. “They’re nothing special. They’re no different from the rich and powerful except they’ve got no money or power. But the law should be there to balance things up a bit. So I suppose I’ve got to be on their side.
Copyright law has got to give up its obsession with 'the copy.' The law should not regulate 'copies' or 'modern reproductions' on their own. It should instead regulate uses--like public distributions of copies of copyrighted work--that connect directly to the economic incentive copyright law was intended to foster.
I’m seventeen years old, my name is Juan García Madero, and I’m in my first semester of law school. I wanted to study literature, not law, but my uncle insisted, and in the end I gave in. I’m an orphan, and someday I’ll be a lawyer. That’s what I told my aunt and uncle, and then I shut myself in my room and cried all night.
You know, that man has a spirit, that each man and woman is unique, that we have duty to promote our unalienable rights and to protect them, that we have a duty to our families and ourselves, to take care of ourselves, to contribute to charity, that we have a duty to support a just and righteous law that is stable and predictable.
Judges... are picked out from the most dextrous lawyers, who are grown old or lazy, and having been biased all their lives against truth or equity, are under such a fatal necessity of favoring fraud, perjury and oppression, that I have known several of them to refuse a large bribe from the side where justice lay, rather than injure the faculty by doing any thing unbecoming their nature in office.
I know, Ma. I'm a-tryin'. But them deputies- Did you ever see a deputy that didn't have a fat ass? An' they waggle their ass an' flop their gun aroun'. Ma", he said, "if it was the law they was workin' with, why we could take it. But it ain't the law. They're a-working away at our spirits. They're a-tryin' to make us cringe an' crawl like a whipped bitch. They're tryin' to break us. Why, Jesus Christ, Ma, they comes a time when the on'y way a fella can keep his decency is by takin' a sock at a cop. They're working on our decency".
Make ethical choices in what we buy, do, and watch. In a consumer-driven society our individual choices, used collectively for the good of animals and nature, can change the world faster than laws.
When men have realized that time has upset many fighting faiths, they may come to believe... that the ultimate good desired is better reached by free trade in ideas-- that the best test of truth is the power of the thought to get itself accepted in the competition of the market, and that truth is the only ground upon which their wishes safely can be carried out. That at any rate is the theory of our Constitution. It is an experiment. As all life is an experiment. Every year if not every day we wager our salvation upon some prophecy based upon imperfect knowledge.
I once knew a fellow who committed robbery with violence, and he was sentenced to a long prison stretch and 12 strokes of the cat. He'd been injured during the robbery, so they put him in hospital to make him better so that they could make him worse. During the administration of the cat, he fainted after six strokes, and the doctor put him in hospital again. And he got very friendly with the nurses and the doctors, and after a while they got him well enough to go back and take the next six strokes. I saw him afterward and I said: "Oh, Jesus—that bloody law, that bloody judge!" But he said: "I don't want the fellow who made the law, and I don't want the fellow who passed the sentence. All I want is the fellow who held the bloody whip.
The one great principle of the English law is, to make business for itself. There is no other principle distinctly, certainly, and consistently maintained through all its narrow turnings. Viewed by this light it becomes a coherent scheme, and not the monstrous maze the laity are apt to think it. Let them but once clearly perceive that its grand principle is to make business for itself at their expense, and surely they will cease to grumble.
I assure you the law isn't a line engraved in marble, immovable and unchangeable through the centuries. Rather...the law is like a string, fixed at both ends but with a great deal of play in it-very loose, the line of the law-so you can stretch it this way or that, rearrange the arc of it so you are always-short of the blantant theft or cold-blooded murder-safely on the right side.
I do not think that illegal plunder, such as theft or swindling — which the penal code defines, anticipates, and punishes — can be called socialism. It is not this kind of plunder that systematically threatens the foundations of society. Anyway, the war against this kind of plunder has not waited for the command of these gentlemen. The war against illegal plunder has been fought since the beginning of the world. Long before the Revolution of February 1848 — long before the appearance even of socialism itself — France had provided police, judges, gendarmes, prisons, dungeons, and scaffolds for the purpose of fighting illegal plunder. The law itself conducts this war, and it is my wish and opinion that the law should always maintain this attitude toward plunder.
In the law, rights are islands of empowerment. . . . Rights contain images of power, and manipulating those images, either visually or linguistically, is central in the making and maintenance of rights. In principle, therefore, the more dizzyingly diverse the images that are propagated, the more empowered we will be as a society.
A state which savagely represses or persecutes sections of its people cannot in my view be regarded as observing the rule of law, even if the transport of the persecuted minority to the concentration camp or the compulsory exposure of female children on the mountainside is the subject of detailed laws duly enacted and scrupulously observed.
All obstructions to the execution of the laws, all combinations and associations, under whatever plausible character, with the real design to direct, control, counteract, or awe the regular deliberation and action of the constituted authorities, are destructive of this fundamental principle, and of fatal tendency.
The thoughts of his mind, besides, were of the gloomiest dye; and when he glanced at the companion of his drive, he was conscious of some touch of that terror of the law and the law’s officers, which may at times assail the most honest.
The law itself was originally created in order to protect property. However, the law has been falsely attributed to being the reason property exists in the first place. At least, this is what the state would have us believe. The law does not create property rights because these already existed before the law was created. It is this false attribution that allows the state apparatus to conduct its mission of expropriation.
One of the most corrosive aspects of the criminal justice system is its toleration of the insanity defense...Legitimate in some few cases, the insanity defense has been rendered farcical through its manipulation by so-called experts.
Sam Temple was taken by helicopter to a hospital in Los Angeles, where there were specialists there in burn injuries. He wasn’t consulted: he was found on his knees, obviously in shock, extensively burned. EMTs took over.Astrid Ellison was taken to a hospital in Santa Barbara, as was Diana Ladris.Other kids were shared out among half a dozen hospitals. Some specialized in plastic surgery, others in the effects of starvation.Over the next week all were seen by psychiatrists once their immediate physical injuries were addressed. Lots of psychiatrists. And when they weren’t being seen by psychiatrists, they were being seen by FBI agents, and California Highway Patrol investigators, and lawyers from the district attorney’s office.The consensus seemed to be that a number of the Perdido survivors, as they were now known, would be prosecuted for crimes ranging from simple assault to murder.First on that list was Sam Temple.
Today, he’d observed them seize a woman who’d gotten pregnant with an unregistered child. There’d be no chance at lenience. She would be Confined until she gave birth, the child would be placed in the Council’s care, and the mother would be executed. The ship could only support a certain number of lives, and allowing anyone to disrupt the delicate balance would jeopardize the entire race.
Law of conservation of energy – Energy can neither be created nor be destroyed. Same thing is with the good and Evil. They say Evil is rising day by day. But if we believe science, Good is also increasing at the same pace to maintain the balance. So the universe is as good as it was at the time of Lord Ram or Jesus.
Sixty millions of whites are in no danger from the presence here of eight millions of blacks. The destinies of the two races, in this country, are indissolubly linked together, and the interests of both require that the common government of all shall not permit the seeds of race hate to be planted under the sanction of law.
The sure guaranty of the peace and security of each race is the clear, distinct, unconditional recognition by our governments, national and state, of every right that inheres in civil freedom, and of the equality before the law of all citizens of the United States, without regard to race. State enactments regulating the enjoyment of civil rights upon the basis of race, and cunningly devised to defeat legitimate results of the war, under the pretense of recognizing equality of rights, can have no other result than to render permanent peace impossible, and to keep alive a conflict of races, the continuance of which must do harm to all concerned.
In a democracy, we should be reluctant to take any action that amounts to an attempt to coerce the majority, for such attempts imply the rejection of majority rule, to which there is no acceptable alternative. There may, of course, be cases where the majority decision is so appalling that coercion is justified, whatever the risk. The obligation to obey a genuine majority decision is not absolute. We show our respect for the principle, not by blind obedience to the majority, but by regarding ourselves as justified in disobeying only in extreme circumstances.
Laws and a settled decision procedure to generate them are a good thing. This gives us one important reason for obeying the law. By obeying the law, I can contribute to the respect in which the established decision procedure and the laws are held. By disobeying, I set an example to others that may lead them to disobey too.
This was his first trip on the Ossifar Distana, his first real splash in life. Look what it got him. Mister Smiff liked anonymity. He kept a low profile, often traveling under assumed names, claiming to be anything from a banker to a (very) successful life insurance salesman. He’d never broken the law, at least not irreparably. He was quite generous, well liked, sponsoring many charities anonymously – which is why it was so surprising to find him floating face down in the private spa in his apartment, murdered. He had been murdered, unless it was a freak shaving accident. Those old razors weren’t called cut-throats for nothing. Yikes.
If we conform our behavior to God’s ancient moral prescription, we are entitled to the sweet benefits of life. But if we defy its imperatives, then death is the inevitable consequence. AIDS is only one avenue by which sickness and death befall those who play Russian roulette with God’s eternal moral law.
If our leaders ignore the rule of law, it is certain that they have broken the social contract. The social contract is not a declaration of a lasting war but of a lasting peace who's regulation is charged by the will of the people under the rule of law. I pray the we are wise enough to keep our moral compass.
The lower classes of people in Europe may at some future periodbe much better instructed than they are at present; they may be taughtto employ the little spare time they have in many better ways than atthe ale-house; they may live under better and more equal laws than theyhave ever hitherto done, perhaps, in any country; and I even conceive itpossible, though not probable that they may have more leisure; but it isnot in the nature of things that they can be awarded such a quantity ofmoney or subsistence as will allow them all to marry early, in the fullconfidence that they shall be able to provide with ease for a numerousfamily.
Miscarriages of justice review centre is a task that ought to be replicated everyother places globally because many people has been victims of miscarriages of justices and I must commend the sagacity towards the establishment of the review centre at The University of Sheffield and it's no doubt going to give a lot of people opportunity for Justice.
Here is one fact 1 minute to finish the class, 1 day to die, one day behind that fact, one day in that fact, one day before my birthday will come, one day before I will finish... (So far one day is popular... that's a fact called itself zipf law... )...Call it how you want, but for my it's zipfy law!
I was once in San Francisco, and I parked in the only available space, which happened to be on the other side of the street. The law descended on me. Was I aware of how dangerous the manoeuvre I’d just made was? I looked at the law a bit blankly. What had I done wrong? I had, said the law, parked against the flow of traffic. Puzzled, I looked up and down the street. What traffic? I asked. The traffic that would be there, said the law, if there was any traffic. This was a bit metaphysical, even for me, so I explained, a bit lamely, that in England we just park wherever we can find a parking space available, and weren’t that fussy about which side of the street it was on. He looked at me aghast, as if I was lucky to have got out of a country of such wild and crazy car parkers alive, and promptly gave me a ticket. Clearly he would rather have deported me before my subversive ideas brought chaos and anarchy to streets that normally had to cope with nothing more alarming than a few simple assault rifles. Which, as we know, in the States are perfectly legal, and without which they would be overrun by herds of deer, overbearing government officers, and lawless British tea importers.
What's law? Control? Law filters chaos and what drips through? Serenity? Law -- our highest ideal and our basest nature. Don't look too closely at the law. Do, and you'll find the rationalized interpretations, the legal casuistry, the precedents of convenience. You'll find the serenity, which is just another word for death.
Don't Cry for this biatch, don't cry for this moron. She isn't your type, she doesn't like you and she won't like you she is just a person which is hypocrite and she get's envy when she see your life - How wonderful is it, how is full with loads stuff and then she looks her life. Full of horror, full of days of nightmare, full of days of angry people shouting each other...It's not in the blame, it's in the cases, the place where the two persons live!Don't get angry that he have left you, maybe you will find something better than him, it's a fact you give something for something. Everywhere is like this, don't listen this outside biatches which say "The World isn't a business, it's not you must..." Fucking bullshit, you must do this, somebody saves your life you must go and save and his, that's the rules, that's the law of the attraction, that's how it works, liked or not...
Commerce and manufactures can seldom flourish long in any state which does not enjoy a regular administration of justice, in which the people do not feel themselves secure in the possession of their property, in which the faith of contracts is not supported by law, and in which the authority of the state is not supposed to be regularly employed in enforcing the payment of debts from all those who are able to pay. Commerce and manufactures, inshort, can seldom flourish in any state in which there is not a certain degree of confidence in the justice of government.
It's kind of funny to me listening to people who claim to have these great records of winning a hundred and some odd straight felony cases without a loss and that kind of stuff that you hear of all the time. I'm here to tell you, if you let me pick out which hundred cases I get to try, I'll win a hundred of them in a row, too. Case selection is everything in creating records like that. My philosophy was, I tried them all. If I made a determination that the evidence was sufficient to justify the prosecution, then I would try the case, and certainly whenever you do that, you're going to lose a certain percentage of them.
Galatians 3:11-12...a precious text! A person becomes righteous in the sight of God by faith alone. What conclusion can we draw from this? The law cannot make any person righteous because it has nothing to say about justifying and saving faith. That information is found only in the Gospel. In other words, the law has nothing to say about grace..
We see that the law was not reveal to us to put a notion into our heads that we could become righteous by it, but to teach us that we are completely unable to fulfill the law. Then we will know what a sweet message-what a glorious doctrine-the gospel is and move receive it with exuberant joy.
Here is where most preachers make their mistake. They are afraid that by preaching the gospel to clearly, it will be their fault if people ask them to send. They imagine that the gospel is food for the Carnel-minded. True enough, too many of the gospel does not become the smell of death and death but that is not the fault of the Gospel. That happens only because men do not except-do not believe-the Gospel. Faith is not merely thinking, "I believe." Your whole heart must be seized by the gospel and come to rest in it. When that happens, you were transformed cannot help but love and serve God.
I want good people to come here from all over the world, but I want them to do so legally. We can expedite the process, we can reward achievement and excellemce, but we have to respect the legal process. And those people who take advantage of the system and come here illegally should never enjoy the benefits of being a resident--or citizen--of this nation. So I am against any path to citizenship for undocumented workers or anyone else who is in this country illegaly. They should--and need to--go home and get in line.
I want good people to come here from all over the world, but I want them to do so legally. We can expedite the process, we can reward achievement and excellence, but we have to respect the legal process. And those people who take advantage of the system and come here illegally should never enjoy the benefits of being a resident--or citizen--of this nation. So I am against any path to citizenship for undocumented workers or anyone else who is in this country illegaly. They should--and need to--go home and get in line.
I have interacted with the police complaints and internal affairs division twice and both times I came away with the opinion that I was dealing with a blatantly corrupt group of people.
The principal differences between law and science are as follows:1. In the administration of the law, facts are necessary to enable the umpire (jury, judge) to decide whether rules have been broken and, if so, the type of penalty to apply. In science, facts are necessary to form new or better theories and to develop novel applications (for example, drugs, machines). Novelty is not a positive value in law. Instead, the lawyer looks for precedent. For the scientist, however, novelty is a value; new facts and theories are sought, whether or not they will prove useful. 2. If we endeavor to change objects or persons, the distinction between law (both as law making and law enforcing) and applied science disappears. In applying scientific knowledge, one seeks to change objects, or persons, into new forms. The scientific technologist may thus wish to shape a plastic material into the form of a chair, or a delinquent youth into a law-abiding adult. The aims of the legislator and the judge are often the same. Thus, legislators may wish to change people from drinkers into nondrinkers; or judges many want to change fathers who fail to support their dependent wives and children into fathers who do. This [is a] "therapeutic" function of law.
One of the biggest problems this country has is that people think a law is only a law if they agree with it. And if they don't, it's all right to kick guys like Joe out of the service and bomb abortion clinics because there's a higher law at work. And that's garbage, Allie. The law is the law. If you don't like it, change it. But don't break it and then start whining when there are consequences.
And what is your name?" Caroline asked him. He smiled up at her, a little impishly. "I guess Bianca's name for me will work. Call me Bear." "Bear?" Caroline repeated, doubtfully. "I think it would be best right now," he said simply. "For all of us." "You aren't running from anything?" she asked directly. "No, I guess you could say something is running from me. The law would be on my side, ma'am, if I could get them involved. For now, I'm doing all I can.
As usurpation is the exercise of power, which another hath a right to; so tyranny is the exercise of power beyond right, which no body can have a right to. And this is making use of the power any one has in his hands, not for the good of those who are under it, but for his own private separate advantage. When the governor, however intitled, makes not the law, but his will, the rule; and his commands and actions are not directed to the preservation of the properties of his people, but the satisfaction of his own ambition, revenge, covetousness, or any other irregular passion.
No man in civil society can be exempted from the laws of it: for if any man may do what he thinks fit, and there be no appeal on earth, for redress or security against any harm he shall do; I ask, whether he be not perfectly still in the state of nature, and so can be no part or member of that civil society; unless any one will say, the state of nature and civil society are one and the same thing, which I have never yet found any one so great a patron of anarchy as to affirm.
Ban privileges. The rules of the game should be the same to all players, regardless of their size, location, or any other criteria
My gaze moved to Vance. He was looking up at me and I could read nothing in his eyes."Another pop?" I asked.He shook his head but kept watching me. I looked at the floor and started from the room.I had to pass Vance's chair to get to the kitchen. As I did, I slowed and as if it had a mind of it's own, my hand came out and I ran the backs of my finger's along Vance's jaw.
So, Andrew, what you are basically saying is that the theological issue regarding homosexuality boils down to a disagreement between those who think that the sodomy laws are part of Levitical code about cleanliness, holiness and ritual purity, which are not binding on Christians, and those who think that they are part of a more general moral law, which is." I guess I am. "Gee. It's so simple when you put it like that. Why didn't the Archbishop of Canterbury explain it at the beginning and save us all a lot of trouble?" I don't know. But if it turned out that he didn't think that understanding the relationship of the Old Testament to the New Testament was very important; or that he didn't think that the people in the pew really cared very much about the difference between Law and Grace, or if – if – he himself doesn't believe in it – then I would be very worried indeed.
Roughly a month into my stay in jail, I began the first of twelve letters. The choice of titles had much to do with my reason (or circumstances) for being incarcerated: I was a parent of a past-marriage; and though the courts had dissolved the marriage long ago, the matter of parenting was still being debated (by me)—but prohibited by the courts. I had to accept the possibility that my days as a father might be behind me while remaining dutiful to the possibility that, at anytime, circumstances could change. On the one hand, I am a former-father, but on the other hand, I cannot be anything but a father to my children—at any age.
A faraway-father is distant from his children; not necessarily in geography, but socially—either by choice or by force. Our country has many fathers who are figuratively-forced far and away from their families. Legal force brings to bear disparate dads through such innovations as no-fault divorce, legal precedence, and post-divorce incrimination. I am one of these parents—portrayed or profiled as 'perpetrator'.
Jail is more commonly-suited to those less-commonly able to finance a defense (or to potentially pander the prosecution). The choices for council is either a retained lawyer or, by default, a public defender. In the later of these two, the common title in jail was 'public pretender'.
A nonhuman animal had better have a good lawyer. In 1508, Bartholomé Chassenée earned fame and fortune for his eloquent representation of the rats of his French province. These rats had been charged with destroying the barley crop and also with ignoring the court order to appear and defend themselves. Bartholomé Chassenée argued successfully that the rats hadn't come because the court had failed to provide reasonable protection from the village cats along the route.
The DID patient should be seen as a whole adult person with the identities sharing responsibility for daily life. Despite patients’ subjective experience of separateness, clinicians must keep in mind that the patient is a single person and generally must hold the whole person (i.e., system of alternate identities) responsible for the behavior of any or all of the constituent identities, even in the presence of amnesia or the sense of lack of control or agency over behavior.From p8 International Society for the Study of Trauma and Dissociation. (2011). Guidelines for treating dissociative identity disorder in adults, third revision: Summary version. Journal of Trauma & Dissociation, 12, 188–212.
Freedom is essentially a condition of inequality, not equality. It recognizes as a fact of nature the structural differences inherent in man — in temperament, character, and capacity — and it respects those differences. We are not alike and no law can make us so. Parenthetically, what a stale and uninteresting world this would be if perfect equality prevailed! When you seek the taproot of reform movements, you find an urgency to eradicate these innate differences and to make all men equal; in practice, this means the leveling-off of the more capable to the mediocrity of the average. That is not Freedom.
The apostle Paul often appears in Christian thought as the one chiefly responsible for the de-Judaization of the gospel and even for the transmutation of the person of Jesus from a rabbi in the Jewish sense to a divine being in the Greek sense. Such an interpretation of Paul became almost canonical in certain schools of biblical criticism during the nineteenth century, especially that of Ferdinand Christian Baur, who saw the controversy between Paul and Peter as a conflict between the party of Peter, with its 'Judaizing' distortion of the gospel into a new law, and the party of Paul, with its universal vision of the gospel as a message about Jesus for all humanity. Very often, of course, this description of the opposition between Peter and Paul and between law and gospel was cast in the language of the opposition between Roman Catholicism (which traced its succession to Peter as the first pope) and Protestantism (which arose from Luther's interpretation of the epistles of Paul). Luther's favorite among those epistles, the letter to the Romans, became the charter for this supposed declaration of independence from Judaism.
One of the strangest phenomena of our time, and one that will probably be a matter of astonishment to our decedents, is that doctrine which is founded upon this triple hypothesis: the radical passiveness of mankind, -the omnipotence of the law, -the infallibility of the legislature: this is the sacred symbol of the party that proclaims itself exclusively democratic.
The visitor shrugged. "Like euthanasia? I'm sorry, Father, I feel that the laws of a society are what make something a crime or not a crime. I'm aware that you don't agree. And there can be bad laws, ill conceived, true. But in this case, I think we have a good law. If I thought I had such a thing as a soul, and that there was an angry God in Heaven, I might agree with you.
One can say that Javert is our conscience. The ever lurking presence of the law and our own condemnation. The tension between who we were and who we are and who we can be. Javert represents that inescapable, shameful past that forever haunts and persues one's conscience. Javert is the man of the law, and... There are no surprises with the law. The principle of retribution is simple and monotonous, like Euclidean logic. It's closed to all alternatives and shut up against divine or human intervention... Indeed, Javert represents the merciless application of the law, the blind Justice that in the end is befuddled by hope and the possibility of redemption without punishment.
I once was a stranger to grace and to God,I knew not my danger, and felt not my load;Though friends spoke in rapture of Christ on the tree,Jehovah Tsidkenu was nothing to me.I oft read with pleasure, to sooth or engage,Isaiah’s wild measure and John’s simple page;But e’en when they pictured the blood sprinkled treeJehovah Tsidkenu seemed nothing to me.Like tears from the daughters of Zion that roll,I wept when the waters went over His soul;Yet thought not that my sins had nailed to the treeJehovah Tsidkenu—’twas nothing to me.When free grace awoke me, by light from on high,Then legal fears shook me, I trembled to die;No refuge, no safety in self could I see—Jehovah Tsidkenu my Saviour must be.My terrors all vanished before the sweet Name;My guilty fears banished, with boldness I cameTo drink at the fountain, life giving and free—Jehovah Tsidkenu is all things to me.Jehovah Tsidkenu! my treasure and boast,Jehovah Tsidkenu! I ne’er can be lost;In Thee I shall conquer by flood and by field,My cable, my anchor, my breast-plate and shield! Even treading the valley, the shadow of death,This “watchword” shall rally my faltering breath;For while from life’s fever my God sets me free,Jehovah Tsidkenu, my death song shall be.
Google, you fucking ripped off the iPhone, wholesale ripped us off. Grand theft. I will spend my last dying breath if I need to, and I will spend every penny of Apple’s $40 billion in the bank, to right this wrong. I’m going to destroy Android, because it’s a stolen product. I’m willing to go thermonuclear war on this. They are scared to death, because they know they are guilty. Outside of Search, Google’s products—Android, Google Docs—are shit. [Steve Jobs]
Actually, Bush, technically speaking, is not really President-because he refused to take the Oath of Office. I don’t know how many of you noticed this, but the wording of the Oath of Office is written in the Constitution, so you can’t fool around with it-and Bush refused to read it. The Oath of Office says something about, ”I promise to do this, that, and the other thing,” and Bush added the words, ”so help me God.” Well, that’s illegal: he’s not President, if anybody cares.
America has learned what our repressive and terrorist adversaries do not understand: that liberty without law is anarchy, liberty to defy law is rebellion, but liberty limited by law is the cornerstone of civilization.
The capacity for personal freedom is a rare talent. Talent exists to be used. We do not ask sheep to be wolves; we, the wolves, do not ask ourselves to be sheep. Sheep can make such rules as happen to suit them--but it's foolishly naive to expect wolves to obey.
Generations of Humeans have… been misled into offering analyses of causation and of natural law that have been far too weak because they had no basis for accepting the existence of either cause and effect or natural laws… Hume’s scepticism about cause and effect and his agnosticism about the external world are of course jettisoned the moment he leaves his study.
All I wanted to do was hide away from the world, but I still had a role to play. I had to be 'Girl A' - the key witness in the trial that finally saw my abusers locked up. Girl A - the girl in the newspaper stories who had been through the most hideous experience imaginable. When I read those stories, I felt like I was reading about somebody else, another girl who was subjected to the depths of human depravity. But it wasn't. It was about me. I am Girl A.
Well before she became famous — or infamous, depending on where you cast your vote — Loftus's findings on memory distortion were clearly commodifiable. In the 1970s and 1980s she provided assistance to defense attorneys eager to prove to juries that eyewitness accounts are not the same as camcorders. "I've helped a lot of people," she says. Some of those people: the Hillside Strangler, the Menendez brothers, Oliver North, Ted Bundy. "Ted Bundy?" I ask, when she tells this to me. Loftus laughs. "This was before we knew he was Bundy. He hadn't been accused of murder yet." "How can you be so confident the people you're representing are really innocent?" I ask. She doesn't directly answer. She says, "In court, I go by the evidence.... Outside of court, I'm human and entitled to my human feelings. "What, I wonder are her human feelings about the letter from a child-abuse survivor who wrote, "Let me tell you what false memory syndrome does to people like me, as if you care. It makes us into liars. False memory syndrome is so much more chic than child abuse.... But there are children who tonight while you sleep are being raped, and beaten. These children may never tell because 'no one will believe them.'" "Plenty of "Plenty of people will believe them," says Loftus. Pshaw! She has a raucous laugh and a voice with a bit of wheedle in it. She is strange, I think, a little loose inside. She veers between the professional and the personal with an alarming alacrity," she could easily have been talking about herself.
In 1996 Dorothy Mackey wrote an Op-ed piece, “Violence from comrades a fact of life for military women.” ABC News 20/ 20 did a segment on rape in the military. By November four women came forward at Aberdeen Proving Ground, in Maryland, about a pattern of rape by drill sergeants. In 1997 the military finds three black drill sergeants to scapegoat. They were sent to prison and this left the commanding generals and colonels untouched to retire quietly. The Army appointed a panel to investigate sexual harassment. One of the panelists was the sergeant Major of the Army, Eugene McK
Leadership obeys the principle of Hooke's law to the very bone. It explains:When an elastic material is stretched, it returns to its original position. But when it's over stretched beyond its limit point, it loses its elasticity and becomes plastic, and later cuts or breaks.As a leader, in your leadership disposition, it behoves of you to acquaint yourself with this very leadership principle that edges forward. It's however, a human nature to adopt to an environment, so, leaders are humans, they tend to have this rapore with their followers which is somewhat a must needed. But the ability for such one to return and recollect to knowing his boundary makes a good leader. A phenomenon whereby he becomes drunk of platitudes, then it comes to a time where they (followers) dictate for him. And even sought and suggest plans without his consent or knowing, it has gotten to the point of plastic and break respectively.
I don’t fundamentally understand why people give a shit about what other people put up their noses or what other people put in their veins or what other people breathe into their lungs. I mean I sort of care like if somebodies an addict it’s very destructive to people around that addict. It’s destructive to themselves. I’d like to get them help. I certainly support that which is to get that person help but, I don’t understand how people wake up and say I have to eradicate drug use across the land. “I gotta stick my nose into the business of what other people stick up their nose.” I just find that incomprehensible. I mean, is your life so vacant and so hysterical, so empty, so void of love, care and affection? I can go play with my daughter or I can go and obsessively try and get politicians to throw people in jail for doing things I don’t like. I can’t imagine why people would be choosing option “B” but, only because they don’t have anyone who loves them or, anyone they care about. They don’t have any rich, significant, important, hobbies, relationships, artistic pursuits or anything rich enough to keep them from obsessing about what other people do or bossing and bulling what other people do. This “stick your nose in other people’s business” Is so compulsive and epidemic to human society.
Of all the wicked heresies and threatening movements facing the church in our day, when Westminster Seminary finally organized their faculty to write something in unison, they gave their determined political efforts not to fight socialism, not to fight homosexuality, not abortion, not crime and mayhem in our society, not subjectivism in theology, not dispensationalism, not cultural relativism, not licentiousness, not defection from the New Testament, not defection from the Westminster Confession of Faith, all of which are out there and they can give their legitimate efforts to… boy the thing they had to write about was theonomy! How many times can a man turn his head and pretend that he doesn’t see the problem?
This is Maximilien de Robespierre, barrister-at-law: unmarried, personable, a young man with all his life before him. Today against his most deeply held convictions he has followed the course of the law and sentenced a criminal to death. And now he is going to pay for it.
Law of Suspects. Suspects are those: who have in any way aided tyranny (royal tyranny, Brissotin tyranny...); who cannot show that they have performed their civic duties; who do not starve, and yet have no visible means of support; who have been refused certificates of citizenship by their Sections; who have been removed from public office by the Convention or its representatives; who belong to an aristocratic family, and have not given proof of constant and extraordinary revolutionary fervor; or who have emigrated.
In front of the law there is a doorkeeper. A man from the countryside comes up to the door and asks for entry. But the doorkeeper says he can't let him in to the law right now. The man thinks about this, and then he asks if he'll be able to go in later on. "That's possible," says the doorkeeper, "but not now". The gateway to the law is open as it always is, and the doorkeeper has stepped to one side, so the man bends over to try and see in. When the doorkeeper notices this he laughs and says, "If you're tempted give it a try, try and go in even though I say you can't. Careful though: I'm powerful. And I'm only the lowliest of all the doormen. But there’s a doorkeeper for each of the rooms and each of them is more powerful than the last. It's more than I can stand just to look at the third one.
They questioned us but they were polite because we had passports and money. I do not think they believed a word of the story and I thought it was silly but it was like a law-court. You did not want something reasonable, you wanted something technical and then stuck to it without explanations.
How much more reasonable is it to say with the sage Plato, that the perfect happiness of a state consists in the subjects obeying their prince, the prince obeying the laws, and the laws being equitable and always directed to the good of the public?
1951. Law is a rule of conduct enacted by competent authority for the sake of the common good. The moral law presupposes the rational order, established among creatures for their good and to serve their final end, by the power, wisdom, and goodness of the Creator. All law finds its first and ultimate truth in the eternal law. Law is declared and established by reason as a participation in the providence of the living God, Creator and Redeemer of all.
[T]hus one should not think that desire is repressed, for the simple reason that the law is what constitutes both desire and the lack on which it is predicated. Where there is desire, the power relation is already present: an illusion, then, to denounce this relation for a repression exerted after the event.
By exiling human judgment in the last few decades, modern law changed role from useful tool to brainless tyrant. This legal regime will never be up to the job, any more than the Soviet system of central planning was, because ti can't think. The comedy of law's sterile logic--large POISON signs warning against common sand, spending twenty-two years on pesticide review and deciding next to nothing, allowing fifty-year-old white men to sue for discrimination--is all too reminiscent of the old jokes we used to hear about life in the Eastern bloc. Judgement is to law as water is to crops. It should not be surprising that law has become brittle, and society along with it.
The political reputation of Servius rests upon his organization of society according to a fixed scale of rank and fortune. He originated the census, a measure of the highest utility to a state destined, as Rome was, to future preeminence; for by means of its public service, in peace as well as in war, could thence forward be regularly organized on the basis of property; every man's contribution could be in proportion to his means.
Believing, as they now did, that the heavenly powers took part in human affairs, they became so much absorbed in the cultivation of religion and so deeply imbued with the sense of their religious duties, that the sanctity of an oath had more power to control their lives than the fear of punishment for lawbreaking.
When states are democratically governed according to law, there are no demagogues, and the best citizens are securely in the saddle; but where the laws are not sovereign, there you find demagogues. The people become a monarch... such people, in its role as a monarch, not being controlled by law, aims at sole power and becomes like a master.
(The law) is like a single-bed blanket on a double bed and three folks in the bed and a cold night. There ain’t ever enough blanket to cover the case, no matter how much pulling and hauling, and somebody is always going to nigh catch pneumonia. Hell, the law is like the pants you bought last year for a growing boy, but it is always this year and the seams are popped and the shankbone’s to the breeze. The law is always too short and too tight for growing humankind.
When the subject is sacred, proud and clever men may come to think that the outsiders who don't know it are not merely inferior to them in skill but lower in God's eyes; as the priests said, 'All that rabble who are not experts in the Torah are accursed.' and as this pride increases, the 'subject' or study which confers such privilege will grow more and more complicated, the list of things forbidden will increase, till to get through a single day without supposed sin becomes like an elaborate step-dance, and this horrible network breeds self-righteousness in some and haunting anxiety in others.
Outside my bike, never has anything important in my life been just mine." My body stilled, so did my heart, and my eyes locked with his. He started moving again, slowly, deeply and he kept talking. "Always castoffs, leftovers, used, sometimes even food from the dumpsters." My heart started beating again, only to trip over itself; my breath came fast, not only from what was happening to my body but what he was saying. "Vance-" His lips came to mine, his hands moved out of my hair and went to the side of my face and he stared in my eyes, pressing deep inside. "Mine," he muttered, his deep voice hoarse, that fierce undercurrent there. His tone caused a shiver to run through me, straight through to my soul. Then he kissed me.
Our modern world defined God as a ‘religious complex’ and laughed at the Ten Commandments as OLD FASHIONED. Then, through the laughter came the shattering thunder of the World War. And now a blood-drenched, bitter world — no longer laughing — cries for a way out. There is but one way out. It existed before it was engraven upon Tablets of Stone. It will exist when stone has crumbled. The Ten Commandments are not rules to obey as a personal favor to God. They are the fundamental principles without which mankind cannot live together. They are not laws — they are The Law.
Fight vigorously against the wolves, but on behalf of the sheep, not against the sheep. And this you may do by inveighing against the laws and lawgivers, and yet at the same time observing these laws with the weak, lest they be offended, until they shall themselves recognize the tyranny, and understand their own liberty.
The relevant question is not whether back then a few extraordinary individuals could overcome a system strongly weighted against them or whether today an admittedly far greater number requiring far less talent can succeed. The real question is whether it's harder for the people in this audience to succeed be they extraordinary, average, or below average. If it is, and I think it obvious that it is, then that's untenable in a country that purports to provide equal opportunity for all. Now of course you'll dispute my claim that it is more difficult to succeed for them. You say the battle's over. I say not only is it not over but you yourself are stationed on the frontline of the battle and have been all these years. This room and the criminal justice system as a whole is the frontline. This is where modern-day segregation lives on.
It has always struck me that one of the readiest ways of estimating a country's regard for law is to notice what arms the officers of the law are carrying: in England it is little batons, in France swords, in many countries revolvers, and in Russia the police used to have artillery.
The Defendant: I am pleading guilty your honors but I'm doing it because I think it would be a waste of money to have a trial over five dollars worth of crack. What I really need is a drug program because I want to turn my life around and the only reason I was doing what I was doing on the street was to support my habit. The habit has to be fed your honors as you know and I believe in working for my money. I could be out there robbing people but I'm not and I've always worked even though I am disabled. And not always at this your honors, I used to be a mail carrier back in the day but then I started using drugs and that was all I wanted to do. So I'm taking this plea to save the city of New York and the taxpayers money because I can't believe that the DA, who I can see is a very tall man, would take to trial a case involving five dollars worth of crack, especially knowing how much a trial of that nature would cost. But I still think that I should get a chance to do a drug program because I've never been given that chance in any of my cases and the money that will be spent keeping me in jail could be spent addressing my real problem which is that I like, no need, to smoke crack every day and every chance I get, and if I have to point people to somebody who's selling the stuff so I can get one dollar and eventually save up enough to buy a vial then smoke it immediately and start saving up for my next one that I'll gladly do that, and I'll do it even though I know it could land me in jail for years because the only thing that matters at that moment is getting my next vial and I am not a Homo-sapiens-sexual your honors but if I need money to buy crack I will suck. . . .
No, the Boss corrected, I'm not a lawyer. I know some law. ... but I'm not a lawyer. That's why I can see what the law is like. It's like a single-bed blanket on a double bed and three folks in the bed and a cold night. There ain't ever enough blanket to cover the case, no matter how much pulling and hauling, and somebody is always going to nigh catch pneumonia. Hell, the law is like the pants you bought last year for a growing boy, but it is always this year and the seams are popped and the shankbone's to the breeze. The law is always too short and too tight for growing humankind. The best you can do is do something and then make up some law to fit and by the time that law gets on the books you would have done something different.
I may wish to return to my home in England, and I stand in New York, but ever since I was born I have been bound to this earth by a law that I have never been able to break--the law of gravity. I am told, however, that there is another law, a higher law, the law of aero-dynamics, and if only I will be willing to commit myself in total trust to this new law, then this new law will set me free from the old law. By faith I step into the plane, I sit back in the rest of faith, and as those mighty engines roar into life, I discover that the new law of aero-dynamics sets me free from the law of gravity.
In 1231, Pope Gregory ordered the Dominicans to take charge of papal courts and decisions and so prevent mob rule and guarantee that the accused received a fair trial and the right of defence. This was the foundation of the Inquisition, and it was a move to organize, control, and limit violence, disruption, and division. Of course, it often failed and even achieved the opposite of its stated and original purpose, but it's surprising how often in an age of casual and brutal violence a relative moderation and legality was achieved. Civil law was far harsher than canon law, demanding confiscation of a heretic's property and usually death, something the Church had tried to prevent for generations.
It was strange to see the keenness with which men had tried to order, constrain, and systematize human passions, jealousy, rage, violent death, accusations. That was the justice system (...): the absurd pretension that human nature could be dominated by the power of the law. Reducing it all to a summary of a few pages, organizing the facts, judging it, archiving it, and forgetting it. That simple. And yet in the silence of that place you could hear the murmur of the written words, of the key players, the screams of the victims, the hatred never forgotten by either party, the pain that never went away.
In either case, there was very much the same solemnity of demeanour on the part of the spectators, as befitted a people among whom religion and law were almost identical, and in whose character both were so thoroughly interfused, that the mildest and severest acts of public discipline were alike made venerable and awful.
The problem: If you've an antique for sale, then, sad to relate, the world isn't your oyster. It's not that easy. Even if somebody gives you the National Gallery, your options are still very, very limited. Okay, you can sell the Old Masters, set up a trust, buy your favorite brewery. But that's strictly it. You're limited by honesty on one hand and law - that hobble of sanity - on the other.
For a lawyer to do less than his utmost is, I strongly feel, a betrayal of his client. Though in criminal trials one tends to focus on the defense attorney and his client the accused, the prosecutor is also a lawyer, and he too has a client: the People. And the People are equally entitled to their day in court, to a fair and impartial trial, and to justice.
[American family court] is a system that is corrupt on his best day. It is like being tied to the back of a pickup truck and dragged down a gravel late at night. No one can hear your cries and complaints and it is not over until they say it's over.
Crack had a social logic to it, a specific kind of reasoning that drew from a vast well of common experience for its symbolic resonance. Crack stood for pain and power, chaos and order, the truth behind the lie. Crack was a sociolegal logic grounded in blood.
That's what everyone thinks--they think being a cop is about punishing people for doing wrong. But that's not true. You know it isn't. It's about believing in people, believing in the good. In the will of people to do what's right despite their own instincts.
Every once in a while I don't think it's a bad idea for lawyers to remember that what goes on, at least on some level of our brains, is that we have to imagine everything coming apart. ... It's what we are. Out of control, always prepared, Boy Scout control freaks.
Plainly it is not every error made by a witness which affects his credibility. In each case the trier of fact has to make an evaluation; taking into account such matters as the nature of the contradictions, their number and importance, and their bearing on other parts of the witness's evidence.
But that's always a certain way to recognise a facist: when he's more powerful he kills everything that's different from him, he uses only brute force while law breaks like glass under his boots. And then, when he loses and when he's weak, he invokes the law and tolerance of differences. All of a sudden, he knows by heart every single human rights convention he broke so many times before.
We lawyers do not write plain English. We use eight words to say what could be said in two. We use arcane phrases to express commonplace ideas. Seeking to be precise, we become redundant. Seeking to be cautious, we become verbose. Our sentences twist on, phrase within clause within clause, glazing the eyes and numbing the minds of our readers. The result is a writing style that has, according to one critic, four outstanding characteristics. It is (1) wordy, (2) unclear, (3) pompous, and (4) dull.
While we think of the boundary between what is legal and what is not as a clear dividing line, it is far from being so. Rather, the boundary becomes further and further indented and folded over time, yielding a jagged and complicated border, rather than a clear straight line. In the end, the law turns out to look like a fractal: no matter how much you zoom in on such a shape, there is always more unevenness, more detail to observe. Any general rule must end up dealing with exceptions, which in turn split into further exceptions and rules, yielding an increasingly complicated, branching structure.
Frequent suggestions were made during the course of the trial that the motives of the donor and the donees alike, in carrying out this transaction, were to escape death duties. I feel constrained to dispose once and for all of these suggestions by the short answer that the existence or otherwise of such motives is irrelevant, excep as evidence for or against the bona fides of the transactions. There is the highest authority for the proposition that, if a man can lawfully so order his affairs that the payment of revenue duties of any kind is reduced or avoided altogether, there is no legal objection to his doing so. Whatever may be thought as the the morality of such transactions in these times from the point of view of patriotism and public spirit, there is no ground for ignoring their legal effect, unless such transactions be proved to be amere sham, such as those falling within the words 'not bona fide' in the act of 1894, or the phrase 'artificial transaction' in the Finance Acts of more recent years.Attorney General vs. Goneril Albany in re the estate of King Lear, MORE LEGAL FICTIONS
Am I suggesting that you must feel sorry for divorce lawyers and prepare to pay every penny of their fees? Of course not! You deserve justice, and the lawyer can be lured into delivering said justice at a seriously discounted price!
On December 10, 2013, Eric Boyles, the man who lost his wife Hallie and only daughter Shelby in the fatal accident, discovered that Mr. Couch would serve the minimal time in prison for his actions.[ 16] In fact, Mr. Couch was sentenced to exactly zero days in prison. Although Mr. Couch was driving 70 mph in a 40 mph zone, had a blood alcohol level of 0.24, and had valium in his system, Judge Jean Boyd granted Mr. Couch extreme leniency.[ 17] In lieu of prison time, the Judge sentenced Mr. Couch to ten years of probation and In assessing the ruling, a New York Times Article suggests the defense of “affluenza” played a critical role in the decision. The Article stated: Judge Boyd did not discuss her reasoning for her order, but it came after a psychologist called by the defense argued that Mr. Couch should not be sent to prison because he suffered from ‘affluenza’ — a term that dates at least to the 1980s to describe the psychological problems that can afflict children of privilege. Prosecutors said they had never heard of a case where the defense tried to blame a young man’s conduct on the parents’ wealth. And the use of the term and the judge’s sentence have outraged the families of those Mr. Couch killed and injured, as well as victim rights advocates who questioned whether a teenager from a low-income family would have received as lenient a penalty.[ 19] "This has been a very frustrating experience for me," said prosecutor Richard Alpert. "I'm used to a system where the victims have a voice and their needs are strongly considered. The way the system down here is currently handled, the way the law is, almost all the focus is on the offender.
On June 15, 2013, Ethan Couch killed four pedestrians and injured two others in Westlake, Texas.[ 13] Mr. Couch killed Breanna Mitchell, whose car broke down; Hollie and Shelby Boyles, who came to assist Breanna; and Brian Jennings, a youth minister who also stopped to help. In addition, Mr. Couch critically injured two of his passengers, Solimon Mohmand and Sergio Molina.[ 14] The sixteen-year-old teen admitted to speeding and being drunk when he lost control of his pickup. Tests revealed he had a blood-alcohol level three times the legal limit and traces of Valium in his system at the time of the accident.----------------On December 10, 2013, Eric Boyles, the man who lost his wife Hallie and only daughter Shelby in the fatal accident, discovered that Mr. Couch would serve the minimal time in prison for his actions.[ 16] In fact, Mr. Couch was sentenced to exactly zero days in prison. Although Mr. Couch was driving 70 mph in a 40 mph zone, had a blood alcohol level of 0.24, and had valium in his system, Judge Jean Boyd granted Mr. Couch extreme leniency.[ 17] In lieu of prison time, the Judge sentenced Mr. Couch to ten years of probation and In assessing the ruling, a New York Times Article suggests the defense of “affluenza” played a critical role in the decision. The Article stated: Judge Boyd did not discuss her reasoning for her order, but it came after a psychologist called by the defense argued that Mr. Couch should not be sent to prison because he suffered from ‘affluenza’ — a term that dates at least to the 1980s to describe the psychological problems that can afflict children of privilege. Prosecutors said they had never heard of a case where the defense tried to blame a young man’s conduct on the parents’ wealth. And the use of the term and the judge’s sentence have outraged the families of those Mr. Couch killed and injured, as well as victim rights advocates who questioned whether a teenager from a low-income family would have received as lenient a penalty.[ 19] "This has been a very frustrating experience for me," said prosecutor Richard Alpert. "I'm used to a system where the victims have a voice and their needs are strongly considered. The way the system down here is currently handled, the way the law is, almost all the focus is on the offender.
If it appears from the face of the [unlawful detainer] complaint that the plaintiff is an improper plaintiff, a demurer will lie. If it is not apparent from the face of the complaint, the issue must generally be raised as an affirmative defense in the answer.The fact that a plaintiff is not a proper plaintiff would appear on the face of the complaint, for example, when• The complaint states that the landlord has sold the property; or• The name of the plaintiff is not the same as the name of the landlord on the lease attached to the complaint, and the plaintiff does not allege that he or she is the successor in interest.
What has happened, and is happening, to our under-standing of what law is for is subtler but no less portentous: we have come to mistakenly define what law is for. These mistakes do not result from unsuccessful efforts to get the matter right, unfortunately. Instead, lawmakers have lately deemed the truth about persons, marriage, family, and religion to be irrelevant to law. What these goods re-ally are does not matter, they say. Worst of all, the irrelevance of moral truth has been carefully cultivated: not considering who is really a person, or what marriage really is, or how religion truly works, has been celebrated as a great virtue of American public life, a trend that has be-come dominant since World War II.More exactly, under the influence of contemporary liberal doctrines about moral “neutrality,” our determination of what law is for has become the creature of consensus, not of what is, of what is true.6 The desideratum is not to get what law is for right, but to fit it all comfortably within dominant cultural mores and conventional morality. Our lawmakers have resolved that avoiding controversy is the overriding end of law, especially when it comes to considering what law is for. Our lawmakers correctly see that law’s moral foundation is potentially a source of great controversy. What they fail to recognize is that getting it wrong promotes the greatest injustice of all.
The proposition is peace. Not peace through the medium of war; not peace to be hunted through the labyrinth of intricate and endless negotiations; not peace to arise out of universal discord, fomented from principle, in all parts of the empire; not peace to depend on the juridical determination of perplexing questions, or the precise marking the shadowy boundaries of a complex government. It is simple peace, sought in its natural course and in its ordinary haunts. It is peace sought in the spirit of peace, and laid in principles purely pacific.
The law does not come wrapped in a tidy, clearly labeled package. Discerning what the law is requires gathering bits and pieces from a variety of sources, sorting them according to their relative weights and relevance... and combining them into as cohesive an analysis as possible.”Christina Kunz, popular legal writer
Fourth, I paid attention to every detail I could while working on my cases. I found that one of the most ironic facets of the law is that the correct answer to a problem often rests on small legal nuances and factual details. The presence or absence of a particular fact can frequently make or break the case. The senior attorney I worked for, Brad, was extremely adept at assimilating large amounts of information quickly, paying close attention to details, and using his mastery of them to weave brilliant defenses. His ability to identify the most critical of details while constructing solid defenses always impressed me, and I tried to emulate that particular skill.Fifth, I was conscientious about creating good first impressions. As I later learned, lawyers who work with new summer and permanent associates virtually always form quick conclusions about them, and give “hallway evaluations” to other lawyers in the firm. I often heard about or participated in these hallway evaluations, and know that even one negative impression can have a devastating impact. In general, young attorneys who get a reputation for sloppy work – earned or unearned – have a very steep climb up the law firm ladder.Sixth, I was vigilant about meeting deadlines, every time. This meant I had to carefully plan ahead, since partners, colleagues, clients, courts, and other parties often rely on assignments and legal services to be performed by a certain time. With the workload I had, and the interruptions I faced, of course this wasn’t always possible, and in those situations I found the best route wasn’t just to tough it out, but rather let the supervising attorney know as early as possible if I couldn’t meet a deadline.I learned this lesson the hard way. My first assignment as a summer associate was to research whether we could squeeze one of our clients into an exception to a well-settled legal doctrine. The senior attorney who gave me the assignment asked me to research the issue and then get back to him by Friday afternoon. I just didn’t feel comfortable with my research when Friday afternoon came around, and decided to buy some additional time by letting him contact me. He didn’t try to reach me Friday afternoon, so I took advantage of that and submitted the assignment on Monday. The incident later came back to haunt me, though, because in his evaluation of my work for my midsummer review, he mentioned that I didn’t report to him by the established deadline.
I also quickly came to appreciate the importance of watching what’s said around clients. When clients make unexpected requests for legal advice – as they often do – I learned that it was better to tell them I’d get back to them with an answer, and go away, research the question, and consult with a supervising attorney, rather than firing back an answer off-the-cuff.A friend of mine at another firm told me a story that illustrates the risks of saying too much. It seems an insurance company had engaged my friend’s California-based firm to help in defending against an environmental claim. This claim entailed reviewing huge volumes of documents in Arizona. So my friend’s firm sent teams of associates to Arizona, all expenses paid, on a weekly basis. Because the insurance company also sent its own lawyers and paralegals, as did other insurance companies who were also defendants in the lawsuit, the document review facility was often staffed with numerous attorneys and paralegals from different firms. Associates were instructed not to discuss the case with anyone unless they knew with whom they were speaking.After several months of document review, one associate from my friend’s firm abandoned his professionalism and discretion when he began describing to a young woman who had recently arrived at the facility what boondoggles the weekly trips were. He talked at length about the free airfare, expensive meals, the easy work, and the evening partying the trips involved. As fate would have it, the young woman was a paralegal working for the insurance company – the client who was paying for all of his “perks” – and she promptly informed her superiors about his comments. Not surprisingly, the associate was fired before the end of the month.My life as an associate would have been a lot easier if I had delegated work more freely. I’ve mentioned the stress associated with delegating work, but the flip side of that was appreciating the importance of asking others for help rather than doing everything myself. I found that by delegating to paralegals and other staff members some of my more tedious assignments, I was free to do more interesting work.I also wish I’d given myself greater latitude to make mistakes. As high achievers, law students often put enormous stress on themselves to be perfect, and I was no different. But as a new lawyer, I, of course, made mistakes; that’s the inevitable result of inexperience. Rather than expect perfection and be inevitably disappointed, I’d have been better off to let myself be tripped up by inexperience – and focus, instead, on reducing mistakes caused by carelessness.Finally, I tried to rely more on other associates within the firm for advice on assignments and office politics. When I learned to do this, I found that these insights gave me either the assurance that I was using the right approach, or guidance as to what the right approach might be. It didn’t take me long to realize that getting the “inside scoop” on firm politics was crucial to my own political survival. Once I figured this out, I made sure I not only exchanged information with other junior associates, but I also went out of my way to gather key insights from mid-level and senior associates, who typically knew more about the latest political maneuverings and happenings. Such information enabled me to better understand the various personal agendas directing work flow and office decisions and, in turn, to better position myself with respect to issues and cases circulating in the office.
If your firm gives you a choice of departments, think carefully about which practice area will best suit your personality. Keep in mind that your specialty will affect not only the type of legal services you’ll perform, but also the skills and knowledge you’ll develop. And it’s important to remember that at a large firm, you’ll likely only get one choice. There are very few attorneys at large firms who have more than one specialty, or change specialties down the road. As a result, the first choice you make is likely to affect the work you do for years to come.If, for some reason, you get stuck with a specialty you don’t like, make a change as soon as possible. The longer you wait, the harder it is to jump to another specialty. For one thing, as lawyers gain seniority, their firms may resist the change for fear of a loss of expertise that took the firm years to nurture and develop. Even if your firm does let you change specialties down the road, it may reduce your seniority or salary to reflect your newly acquired inexperience in your new practice area.Changing specialties further on in your career can also impair your marketability in the legal community. After all, if you make a change when your salary has reached a high level, other firms who culd hire you might choose not to, feeling they can get attorneys more experienced in the specialty for less money. Because your future potential in your new specialty is less valuable to a new employer than your past experience in your old specialty, it’s very easy to get “pigeon-holed” in a particular practice area after just a few years in practice.
Protectionist measures may permit domestic industries to thrive, which under free trade would wither in the face of cheap imports. Imports may be opposed by the government in the public interest--for example because it thinks it imprudent to rely upon foreign suppliers of certain strategic goods such as staple foods, energy, or military equipment, or because it wishes to nurture an infant industry as yet too weak to compete internationally, or because it wishes to preserve traditional industries such as fishing in order to preserve employment and local communities.
The Supreme Court is composed of two groups known as the Infallible Five and the Furious Four. The first group writes those majority decisions on patent law that have brought patent lawyers to their present condition. The second groups writes the dissenting opinions, trying to hold to the law as it was laid down by the first groups the week before. The composition of each group shifts from decision to decision, so that no one justice is right all the time. They sort of pass the infallibility around to keep peace in the family." -- The Improbable Profession
The more we listen to the voices of others, voices unlike our own, the more we remain open to the transcendent forces that save us from idolatry. The more we listen to ourselves, the more we create God in our own image until God becomes a tawdry idol that looks and speaks like us. The power of the commandments is found not in the writings of theologians, although I read and admire some, but in the pathos of human life, including lives that are very unlike our own. All states and nations work to pervert religions into civic religions, ones where the goals of the state become the goals of the divine. This is increasingly true in the United States. But once we believe we understand the will of God and can act as agents of God we become dangerous, a menace to others and a menace to ourselves. We forget that we do not understand. We forget to listen.
Indeed, the Judges in the courts of law are more likely to be exposed to conflicts and disputes where the utility of law is at its highest realm where interpretation takes the fore wheel. It is in the courts, that failure to implement the law repercussions come up in the form of disputes and conflicts and where the judges are expected to deliver their best within the precincts of the law.
There are many arts and sciences of which a miner should not be ignorant. First there is Philosophy, that he may discern the origin, cause, and nature of subterranean things; for then he will be able to dig out the veins easily and advantageously, and to obtain more abundant results from his mining. Secondly there is Medicine, that he may be able to look after his diggers and other workman ... Thirdly follows astronomy, that he may know the divisions of the heavens and from them judge the directions of the veins. Fourthly, there is the science of Surveying that he may be able to estimate how deep a shaft should be sunk ... Fifthly, his knowledge of Arithmetical Science should be such that he may calculate the cost to be incurred in the machinery and the working of the mine. Sixthly, his learning must comprise Architecture, that he himself may construct the various machines and timber work required underground ... Next, he must have knowledge of Drawing, that he can draw plans of his machinery. Lastly, there is the Law, especially that dealing with metals, that he may claim his own rights, that he may undertake the duty of giving others his opinion on legal matters, that he may not take another man's property and so make trouble for himself, and that he may fulfil his obligations to others according to the law.
This compassion, or sympathy with the pains of others, ought also to extend to the brute creation, as far as our necessities will admit; for we cannot exist long without the destruction of other animal or vegetable beings either in their mature or embryon state. Such is the condition of mortality, that the first law of nature is 'eat, or be eaten.' Hence for the preservation of our existence we may be supposed to have a natural right to kill those brute creatures, which we want to eat, or which want to eat us; but to destroy even insects wantonly shows an unreflecting mind, or a depraved heart.
We cry down the law in respect of justification, but we set it up as a rule of sanctification. The law sends us to the Gospel that we may be justified; and the Gospel sends us to the law again to inquire what is our duty as those who are justified.
There seems to be no way to save wildness from human intrusion without establishing and enforcing rules and regulations that are themselves intrusions on what, by definition, are meant to be areas outside humanity's control.
In court the next morning I sat at a table in the judge’s chambers. On the other side of the table, close enough for me to reach across and touch him, sat Ted Bundy. He’s adorable, I thought, surprised at my first impression, because I’d pictured him in my mind as brooding, dark, intense disdain (p. 83).(Loftus testified as a defense expert for Ted Bundy in 1976, Bundy was found guilty of aggravated kidnapping)
I was willing to do it. was determined to do it. By the end of the day, that had become my reaction to all of the signs of hard things ahead - a new purposefulness, hardy resolve. Everything I'd encountered so far - the law, my classmates, the great piece of discovery - had left me in deep thrall and I was bent on making sure that continued. I would have the best of it, I decided, whatever the obstacles.
I was willing to do it. I was determined to do it. By the end of the day, that had become my reaction to all of the signs of hard things ahead - a new purposefulness, hardy resolve. Everything I'd encountered so far - the law, my classmates, the great piece of discovery - had left me in deep thrall and I was bent on making sure that continued. I would have the best of it, I decided, whatever the obstacles.
The thought had occurred to me as I was flying to Salt Lake City earlier that day that Ted Bundy might offer to let me stay in his apartment” (p. 74).(Loftus testified as a defense expert for Ted Bundy in 1976)
Two other highly vocal FMSF Advisory Board members are Dr Elizabeth Loftus and Professor Richard Ofshe. Loftus is a respected academic psychologist whose much quoted laboratory experiment of successfully implanting a fictitious childhood memory of being lost in a shopping mall is frequently used to defend the false memory syndrome argument. In the experiment, older family members persuaded younger ones of the (supposedly) never real event. However, Loftus herself says that being lost, which almost everyone has experienced, is in no way similar to being abused. Jennifer Freyd comments on the shopping mall experiment in Betrayal Trauma (1996): “If this demonstration proves to hold up under replication it suggests both that therapists can induce false memories and, even more directly, that older family members play a powerful role in defining reality for dependent younger family members." (p. 104). Elizabeth Loftus herself was sexually abused as a child by a male babysitter and admits to blacking the perpetrator out of her memory, although she never forgot the incident. In her autobiography, Witness for the Defence, she talks of experiencing flashbacks of this abusive incident on occasion in court in 1985 (Loftus &Ketcham, 1991, p.149)In her teens, having been told by an uncle that she had found her mother's drowned body, she then started to visualize the scene. Her brother later told her that she had not found the body. Dr Loftus's successful academic career has run parallel to her even more high profile career as an expert witness in court, for the defence of those accused of rape, murder, and child abuse. She is described in her own book as the expert who puts memory on trial, sometimes with frightening implications.She used her theories on the unreliability of memory to cast doubt, in 1975, on the testimony of the only eyewitness left alive who could identify Ted Bundy, the all American boy who was one of America's worst serial rapists and killers (Loftus & Ketcham, 1991, pp. 61-91). Not withstanding Dr Loftus's arguments, the judge kept Bundy in prison. Bundy was eventually tried, convicted and executed.
There is no such source and cause of strife, quarrel, fights, malignant opposition, persecution, and war, and all evil in the state, as religion. Let it once enter into our civil affairs, our government soon would be destroyed. Let it once enter our common schools, they would be destroyed. Those who made our Constitution saw this, and used the most apt and comprehensive language in it to prevent such a catast
I ask: which of the two, civil or natural life, is more likely to become insufferable to those who live it? We see about us practically no people who do not complain about their existence; many even deprive themselves of it to the extent they are able, and the combination of divine and human laws is hardly enough to stop this disorder.
Start with the observation that American law is not designed to catch and punish every instance of illegal conduct. Nothing short of a totalitarian state could do that. It is designed to prosecute persons when there is a reasonable basis for believing they have committed a crime, and then to convict them when there is no reasonable doubt that they are guilty.
However, this court is constrained by law, and under the law, I can only conclude that the Government has not violated FOIA by refusing to turn over the documents sought in the FOIA requests, and so cannot be compelled by this court of law to explain in detail the reasons why its actions do not violate the Constitution and the laws of the United States. The Alice-in-Wonderland nature of this pronouncement is not lost on me; but after careful and extensive consideration, I find myself stuck in a paradoxical situation in which I cannot solve a problem because of contradictory constraints and rules—a veritable Catch-22. I can find no way around the thicket of laws and precedents that effectively allow the Executive Branch of our Government to proclaim as perfectly lawful certain actions that seem on their face incompatible with our Constitution and laws, while keeping the reasons for their conclusion a secret.
It is a fundamental principle of American democracy that laws should not be public only when it is convenient for government officials to make them public. They should be public all the time, open to review by adversarial courts, and subject to change by an accountable legislature guided by an informed public. If Americans are not able to learn how their government is interpreting and executing the law then we have effectively eliminated the most important bulwark of our democracy. That’s why, even at the height of the Cold War, when the argument for absolute secrecy was at its zenith, Congress chose to make US surveillance laws public. Without public laws, and public court rulings interpreting those laws, it is impossible to have informed public debate. And when the American people are in the dark, they can’t make fully informed decisions about who should represent them, or protest policies that they disagree with. These are fundamentals. It’s Civics 101. And secret law violates those basic principles. It has no place in America.
Authorities this broad give the national security bureaucracy the power to scrutinize the personal lives of every law-abiding American. Allowing that to continue is a grave error that demonstrates a willful ignorance of human nature. Moreover, it demonstrates a complete disregard for the responsibilities entrusted to us by the Founding Fathers to maintain robust checks and balances on the power of any arm of the government. That obviously raises some very serious questions. What happens to our government, our civil liberties and our basic democracy if the surveillance state is allowed to grow unchecked? As we have seen in recent days, the intelligence leadership is determined to hold on to this authority. Merging the ability to conduct surveillance that reveals every aspect of a person’s life with the ability to conjure up the legal authority to execute that surveillance, and finally, removing any accountable judicial oversight, creates the opportunity for unprecedented influence over our system of government.
A computer search would have given me a list of pertinent cases, but without that I had to read everything. That is harder by far, but you end up learning a lot more. I was forced to remember cases because making copies of everything was too expensive. Keeping cases in your head is good, too, because cases are like puzzle pieces floating around in your mind, and sometimes, in moments of creativity, they fall into place and form a picture. If they were words on a screen that you could pull up anytime you wished, that phenomenon wouldn't happen as easily.
Although distortion of the past is widespread, the most common travesty is one of omission, wherein populist leaders neglect to mention the crimes committed by their own side or recollect them in such a way that evades accepting full responsibility. That politicians are so able to evoke historical arguments in these ways results from a prior failure of the society to engage in a full and frank encounter with past wrongdoings.
What is this so-called 'employment flexibility'? It simply means that employers, in their quest to reduce costs whilst trying to meet the demands of globalisation, are disregarding the traditional job boundaries – often to the detriment of the unskilled, non-standard worker. Employers use non-standard workers to avoid restrictive labour laws and collective bargaining restraints. In addition, the practice provides them with more flexibility.
The most important moments in a trial are often not seen by a jury. That is because it's one of the judge's main responsibilities to screen what they see and hear, lest they be prejudiced. It's the "you can't unring a bell" theory; once the jury hears something they shouldn't have heard, th trial is forever tainted. If the damage is great enough, a mistrial is the result. Judges basically prefer nuclear war to mistrials.
The views of the Courts in regard to imprisonment have however undergone modification in the last ten years. Imprisonment is seen more and more as a harsh and drastic punishment to be reserved for callous and impenitent characters. We wish to adopt a more enlightened approach in which the probable effect of incarceration upon the life of the accused person and those near to her is carefully weighed.
The difference between the past and the present is that individual freedom and security no longer fall to be protected solely through the D vehicle of common-law maxims and presumptions which may be altered or repealed by statute, but are now protected by entrenched constitutional provisions which neither the Legislature nor the Executive may abridge. It would accordingly be improper for us to hold constitutional a system which, as Sachs J has noted, confers on creditors the power to consign the person of an impecunious debtor to prison at will and without the interposition at the crucial time of a judicial officer.
My conclusions, on this point, are as follows: when the Law Commission says committal of judgment debtors is an anomaly that cannot be justified and should be abolished; when it is common cause that there is a general international move away from imprisonment for civil debt, of which the present committal proceedings are an adapted relic; when such imprisonment has been abolished in South Africa, save for its contested form as contempt of court in the magistrate's court; when the clauses concerned have already been interpreted by the Courts as restrictively as possible, without their constitutionally offensive core being eviscerated; when other tried and tested methods exist for recovery of debt from those in a position to pay; when the violation of the fundamental right to personal freedom is manifest, and the procedures used must inevitably possess a summary character if they are to be economically worthwhile to the creditor, then the very institution of civil imprisonment, however it may be described and however well directed its procedures might be, in itself must be regarded as highly questionable and not a compelling claimant for survival.
The bad parts of the statute are not judicially severable, I consider, from the rest of its provisions that deal with imprisonment. Their roots are entangled too tenaciously in the surrounding soil for a clean extraction to be feasible. The conclusion to which I accordingly come is that we are left with no option but to declare those provisions as a whole to be constitutionally invalid on account of their objectionable overbreadth.
[you’ll acquire] A certain amount of cynicism. This business works on you. When you were in law school you had some noble idea what a lawyer should be. A champion of individual rights; a defender of the Constitution; a guardian of the oppressed; an advocate for your client’s principles. Then after you practice for six months you realize you were nothing but hired guns. Mouthpieces for sale to the highest bidder, available to anybody, any crook, any sleazebag with enough money to pay your outrageous fees. Nothing shocks you. It’s supposed to be an honorable profession, but you’ll meet so many crooked lawyers you’ll want to quit and find an honest job. Yeah Mitch, you’ll get cynical. And it’s sad, really.
The attempt to understand morality in the legalistic terms of a natural law is ancient but is now mostly associated with the formulation given it by Thomas Aquinas in the late thirteenth century. All earlier natural law is commonly seen as leading up to Aquinas’s paradigmatic version, whereas later natural law is understood as deriving from it.
This was his first trip on the Ossifar Distana, his first real splash in life. Look what it got him. Mister Smiff liked anonymity. He kept a low profile, often traveling under assumed names, claiming to be anything from a banker to a (very) successful life insurance salesman. He’d never broken the law, at least not irreparably. He was quite generous, well liked, sponsoring many charities anonymously – which is why it was so surprising to find him floating face down in the private spa in his apartment, murdered. He had been murdered, unless it was a freak shaving accident. Those old razors weren’t called cut-throats for nothing. Yikes.
If we conform our behavior to God’s ancient moral prescription, we are entitled to the sweet benefits of life. But if we defy its imperatives, then death is the inevitable consequence. AIDS is only one avenue by which sickness and death befall those who play Russian roulette with God’s eternal moral law.
Trudeau: Yes well there are a lot of bleeding hearts around who just don't like to see people with helmets and guns. All I can say is go on and bleed but it is more important to keep law and order in a society than to be worried about weak-kneed people who we don't like the looks of. Reporter: At any cost? How far would you go with that? How far would you extend that? Trudeau: Well just watch me. . . ."