Law Lawyers Don’t Know

There is a legal crisis going on.  There are many legal institutions that know the law as it’s written, but not what the law should be.  Many seek power, but through following the law as it’s written.  The law as it’s written is created law.  It’s illegitimate.  Law that’s discoverable by reason is legitimate.  There’s no alternative.  That is natural law.  It’s, at best, an illusion that law isn’t discoverable by reason.

There are only two types of law, positive or natural.  Positive is man-made law.  Natural is law that is discoverable by reason.  Many will be reluctant to admit it, but positivism has its tentacles all over the world.  When a law is reviewed, it’s looked at from a positive law perspective.  The review process essentially affirms the power of a few over many.  In essence, the law makers, and courts, have power over you.  That’ll almost always be confirmed by the courts.

Positive law codifies coercion.  Natural law would be blind, and justice would be guided by reason.  Positivism isn’t blind, and is guided by those in power.  Then, force is used to uphold these made-up laws.  Thus, coercion is written into laws without saying so explicitly.  Coercion must be used to prevent people from acting voluntarily.  The existence of positive law means the violation of contracts.

Natural law is unalterable.  This can’t be overturned by the legislative process.  It’s impossible.  There are laws the do exist, and that will never change.  The implied belief that legislation can override natural laws is the height of arrogance.  They’ll never openly admit this, but this is what they think.  They might claim to improve natural law, but they’ll just pervert it, and destroy liberty.

They may not explicitly say they deny it, but they have demonstrated through their actions.  Justice rests in natural law.  It can’t be found in positive law.  Any attempt to do so is futile.  It’ll just cost liberty with no benefits.  The majority believes justice rests in coercion.  Following the law just isn’t about following what’s written.  It’s about what the law should be.  Natural laws are always valid.  It has, and will always, be that way.

Reference

Heinrich Rommen; The Natural Law

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