AN EXISTENTIAL META-ETHICS: ARGUMENT FOR A RETURN TO ITS ROOTS IN NIHILISM AS A MORALITY

I. PROLOGUE / THE NATURE OF THE PROBLEM

 

A slave begins by demanding justice and ends by wanting to wear a crown. He must dominate in his turn. — Albert Camus

 

The correct answer to the trolley problem thought experiment omnipresent in academic, philosophy, and experimental psychology studies on ethics and morality has finally been revealed through the acts of a two-year-old toddler who despite his age is an old school existentialist and is shown in the YouTube video entitled “A two-year-old’s solution to the trolley problem” at Trolley Problem. The general form of the thought experiment is as follows. You see a runaway trolley moving toward five incapacitated people lying on the tracks. To save them, the option exists to pull a lever thus diverting the trolley onto a side track where it will kill only one person. What do morality and ethics require be the good and evil decisions? The video shows a two-year-old boy happily playing with his trolley set when the Power-that-be in his life consisting of his father interrupts him for an important life lesson on good and evil. The Power puts five pretend persons on one rail line and one pretend person on the other rail line, as the pretend trolley reaches a fork in the one line leading to the two lines with the pretend persons, the Power asks “Oh oh, what do we do now? The train is going to crash into these people”. So, the kid dude takes the single pretend person from the one line, adds them to the five pretend persons on the other line, and then happily pretends to run the trolley over all six then continuing with his play as he was before the Power interrupted him with a stupid experiment dependent on a pretend almost impossible chain of events that serves only to indoctrinate human reasoning into a cold-blooded calculation of unimaginative restricted options. The trolley experiment is more suited to training concentration camp guards as social engineers than in learning anything about good and evil in the supposedly diversity thinking modern social justice world in which clear options are usually nonexistent.

 
Here is a more old school existential experiment in normative thought. You are driving your two seat car by a bus stop and see three people there: 1) a physically injured person trying to get to a hospital; 2) an old close friend that you have not seen in years; 3) someone you recently fell in love with. You can only give one of these people a ride in your car because there is no room for more than two people. So, who gets the ride? The nihilist answer is: let your old friend drive the injured person to the hospital while you stay with your love at the bus stop.

 
The kid’s nihilist response to the Powers’ wordgame of ethics so he can concentrate on his game of trolleys puts him in the true existential hero ranks of Camus’ Sisyphus, Meursault, and the Rebel/Conqueror of Myth of Sisyphus. As with Sisyphus and his boulder, we must leave the video imagining the kid dude happy as he continues in his meaningless task. (If one has a satirical sense of humor normally not allowed in proper company, the music video version of the toddler’s solution is funnier:  “Kids Solution To The Trolley Problem THUG LIFE”. )

 
The true old school existential question in the trolley problem is not concerned with the freedom of the few Powers authentically controlling the trolley switches but with the freedom, if any, of the vast majority of humanity consisting of the individual incapacitated tied to the tracks. That is, of the waiters out there that new school existentialism ridicules for their being too good at their job and therefore inauthentic. As they “hear Time’s wingèd chariot hurrying near; And yonder all before us lie Deserts of vast eternity” should they abandon all hope and as did Meursault lay their existential “heart open to the benign indifference of the universe” or engage in Kierkegaard’s religious final stage of hope in God to make the existential “qualitative transition of the leap from non-belief to belief”. Or, more practically, given the chance, how many of the Other tied to the tracks would they kill in a Nietzschean will to power act to save themselves? If history is any clue, the answer is pretty much all of them. But, how many are they allowed actually to kill and who is it that decides whether this natural law of survival is the same Natural Law derived from Divine Law that actually allows them the choice for killing of the Other? How do questions of individual life become questions about cosmic Natural Law?

 
Beginning in the modern world with early 19th Century Soren Kierkegaard and continuing to mid 20th Century Albert Camus, it was the contemplation of the meaning or lack of meaning of individual life that was the foundation of existentialism not social engineering. Kierkegaard and Camus sought individual passion for life as the foundation for meaning in life. However, a passionate life by its very nature is existentially the greatest act of discrimination.

 
As the modern world becomes a Technological Society in which by the conceptual and practical necessity of the epistemology of science and of the methodology, economics, and technique of technology, humanity is becoming C.S. Pierce’s “colony of insects” whose group knowledge far exceeds the knowledge of any expendable individual, old school existentialism is needed more than ever. As Orwell accurately predicted, “[b]y comparison with that existing today, all the tyrannies of the past were half-hearted and inefficient. … The possibility of enforcing not only complete obedience to the will of the State, but complete uniformity of opinion on all subjects, now exist[s] for the first time.” Old school existentialism saw the possibility of an individual life of passion despite despair. New school existentialism sees passion and the individual discrimination that passion by necessity creates between that for which we are passionate and that for which we are not as cause of despair not the solution. Rather, it sees social engineering and ethics reducing everything to the needs of cosmic equality as the only hope out of despair thus serving the necessary need of Technological Society to reduce the individual to isolated paper cutout worker bees — genderless; raceless; no ethnicity; no national, group, or social identity; no family or marital allegiance; nor any acceptable sense of community other than their work including academic work; and pretty much eliminating any passion that would threaten the technological collective — while at the same time whining about the technological collective. All individuals are reduced to being a social construct identity but no individual is allowed to be a social construct identity.

 
Passion is the will to power that compels the individual to cut through the meaningless of life to seek that which the individual decides is worthy of singling out, loving, and fighting for either in offense or defense despite the struggle being without hope of victory. Existentialism is supposed to be the enemy of the authoritarian and the collective. Yet, it has become the exact opposite. New school existentialism with its post-modernism and social justice theory has simply hijacked passion to imprison it within aesthetics so that no one notices the passion is gone.

 
Instead of going old school, we get the new school existential groupthink of Rawlsian utilitarianism, structuralism, post-structuralism, post-modernism, social justice theory, or whatever the Powers-that-be want to call their foundational need for cosmic so-called social justice chaining all individuals to the tracks of their wordgames of ethics and morality — living, dead, or yet to be born — except for the few Powers controlling everyone’s trolley so as to make sure they run over only the individuals they have decided should be run over. Kierkegaard and religion are now irrelevant and subservient to the law and Camus would not even be considered an existentialist any longer just as he denied he was one toward the end of his life because it appears he saw what was coming. Other than serving as an object of satire for Woody Allen movies, old school existentialism has become irrelevant to the class struggle of history.

 
What happened?

 
What happened are the success and aesthetics of Technological Society: its technological material power over the banality of the universe gives the Powers the necessary pragmatics to avoid physical nihilism; and its power of Orwellian propaganda — though it constantly whines about the threat of nihilism — gives the Powers the conceptual power to avoid nihilism as an opponent to its ideology. This propaganda derives its power from the aesthetics of morality and ethics: the ontology present in their wordgame of an objective ultimate value called “good”. Nihilism is a threat to this ontology by making the aesthetics of good and evil equal.

 
Nihilism is the one fear of all successful philosophies: Buddhism seeking the oneness of the whole or the wholeness of the one — which it is, I forget — to the pretend nihilism of Nietzschean continental philosophies worshiping Christianity without a Christ and onto the analytic rationalists and also the empirical pragmatists who all fear the existence of a social ethical and individual moral vacuum in human society as so irrational or so impractical as to make civilization unworkable. This is true even for my boyhood hero Camus and for existentialism as it morphed into social justice engineering. His quote from The Rebel that I use as an epigram is his last genial comment on nihilism and the last intelligent one to have come out of existentialism and its progeny founded on the ramblings of Sartre and his followers’ hijacking of existentialism. Camus goes on in The Rebel to conclude with a condemnation of nihilism:

Nihilistic passion, adding to falsehood and injustice, destroys in its fury its original demands and thus deprives rebellion of its most cogent reasons. It kills in the fond conviction that this world is dedicated to death. The consequence of rebellion, on the contrary, is to refuse to legitimize murder because rebellion, in principle, is a protest against death. — Camus, Albert. The Rebel. p. 285.

 

Camus came from a dirt-poor background and thus likely did not get to play with trains as a child, so why he eventually chose to adopt socially acceptable philosophy is understandable; though — as I will later contemplate — to his credit he subsequently began to regret his sellout to the Powers before his untimely death. However, even those who must have been able to play with trains in their youth such as the proponent of philosophical phenomenology Bruce Wilshire (who ironically ended his career in philosophy as chair of the philosophy department at Rutgers University which at the time was one of the most dominant analytic philosophy departments in the United States) have nothing good to say about nihilism:

Nihilism means to mangle the roots of our thinking-feeling-evaluating selves, to lose the full potential of our immediate ecstatic involvement in the world around us. It means to lose full contact with our willing-feeling-valuing life-projects to have a shallow sense of what is valuable in human life. It means to be arch, smug, dried out — to be a talking head among other talking heads. Speak and reason as we will, we are no longer moved in our depths. — Wilshire, Bruce. Fashionable Nonsense, a critique of analytic philosophy. State University of New York Press: Albany, NY (2002) p. 2.

If all the Powers and their intelligentsia are all opposed to nihilism, there must be something to it, especially for those that are not in the Powers — either Inner or Outer Party.

 
I will argue that existentialism started with nihilism and it should have ended with it as its meta-ethics foundation for all other existential thought — including for morality and ethics — instead of treating it as an “evil” problem to be solved as does social justice theory in all its forms whether it is the analytic rationalism of a John Rawls or the Nietzschean relativists proclaiming the death of God in order to birth themselves and multiple gods in their image.

 
Meta-ethics seeks to know whether there are properties or attributes common to all instances of the words “good” and “evil” in all their forms as normative universals of ultimate value. The term “normative” as are all words is vague and indeterminate with many uses and usefulness. Meta-ethics deals with the conceptualization of evaluative and perspective normative good and evil. It does not deal with the normative in a descriptive rule-following or descriptive predictive sense (though rule-following will be an issue in meta-ethics) such as for example: “to play chess, one must cannot move the pawn more than two spaces”; “to get to manhattan quickly, one ought to take the subway”; “to help your plant live, give it more sun”; “To get to the moon, follow classical physics”. Meta-ethics deals with good and evil in terms of ultimate value: “honesty is good”; “robbery is evil”; “killing is evil”; “all humans have equal human rights”.

 
The conceptual problems raised by various meta-ethics proposed properties and attributes for the words “good” and “evil” in all their forms as normative universals is well known — varying from the famous Hume’s Guillotine and Moore’s Open Question Argument to J.L. Mackie’s error theory and Susan Neiman’s history of philosophy as an inquiry into the nature of good and evil. Though it is important to seek theories of knowledge that can naturalize morality and ethics or at least by Rawlsian style rationalism link them to knowledge about the world, in many ways this problem in meta-ethics is simply irrelevant to modern society. In Technological Society, because its power of propaganda exists independently of any epistemic worth other than for power as an end in itself (As Orwell wrote in 1984, “God is Power”), it is morality and ethics that now often decide not only what ought to be the state of affairs but what actually is the state of affairs — not just as theory-laden language but ontologically as the language of fact and truth. For example, “gender is a social construct” is no longer a question of fact but of ethics; the Powers want it so, it is so. Thus, given this state of affairs, I will argue that nihilism not only acts as individual morality but also as a theodicy because God is the ultimate nihilist. The following I will argue in this essay are all ontologically true, not just linguistically true as a matter of language based on there being “nothing outside of text” or a similar philosophy of language, but ontologically objectively true — to the extent these words can have meaning — for the concepts of evaluative and perspective normative ultimate valuation of good and evil:

1) In the language wordgames of ethics and morality, there are no objective foundational prescriptive or evaluative values for good or evil in a normative sense though these wordgames always assume objective foundational absolute values. Saying there is no truth is a contradiction and nihilism does not require such inconsistent skepticism toward descriptive reality and truth especially toward scientific truth and this is not the nihilism that I will be contemplating. Saying there are no objective values for ultimate normative good and evil is not a contradiction. Nihilism accepts this lack of value as factual truth.

2) Good is anything that one approves as giving meaning to one’s life. Evil is anything of which one disapproves because it opposes or threatens that meaning.

3) Morality and ethics are distinct conceptual forms of life or wordgames. Morality consists of rules by which an individual analyzes compliance with their Good. Since all rules are talked about by public language, morality seems to be public but ontologically it is an individual construct that exists ontologically only as action. Ethics is a set of rules by which a social group defines what is good for the group. Because groups cannot act except through individuals, ethics is ultimately decided by the most powerful of any social group and thus ethics is always ontologically ruling class ideology.

4) A necessary and final ontological attribute of all morality and ethics is violence. If an individual is unwilling to enforce their morality upon the Other by violence then it is simply habit. An ethics unwilling to enforce its ideology by violence upon the Other is simply etiquette or custom. Ethics reaches perfection as ruling class ideology with a monopoly on violence: that is by becoming law. The more a society is dependent upon ethics and law for its social cohesion, the more a society is dependent upon violence for its social cohesion. To paraphrase the philosopher Willard Van Orman Quine’s comments on science, the language fabric of normative language impinges on experience only at the edge of the dagger hidden beneath the fabric: acting upon its attribute of violence.

5) There is no interpretative language that can logically derive normative language from descriptive language and thus neither moral nor ethical beliefs need be based upon true assertions of fact: one can rationally say without contradiction “it is snowing but I do not believe it is snowing” or “Trump is President but I do not believe him to be President”. Epistemically, the foundation of ethics and morality is having norms that are not based on descriptive reality but on what reality ought to be. This gives ethics and morality the power of being the only descriptive wordgame in which a concept of non-pragmatic truth is more than just a deflationary assertion of what is: one can rationally say “there is no objective basis for rape (murder or whatever) to be wrong but I believe it to be objectively wrong”. However, this creates the weakness that pragmatic truth — that is whether an ethics or morality actually works to solve a problem — and descriptive assertions of what is are irrelevant to ethics and morality. For example, for those of a certain ethics, “Trump is not President” becomes a true assertion of fact regardless of whether he is or is not President because according to the norms of such speakers Trump ought not to be President — and similarly the same could have been said of a Clinton if the election results had been different.

6) Modern Technological Society ruling class ideology will by necessity seek through ethics to have power and control over all individual morality including religious morality just as it needs control over everything else in reality. This necessary methodology serves humanity’s needs as a form of life to discover, explore, and conquer the universe trying to kill both the individual and humanity and requires a building of collective knowledge at the expense of individual knowledge — C.S. Pierce’s “colony of insects” with the individual and their morality expendable if not subservient to ruling class ideology.

7) The early religious existentialist Kierkegaard saw hope for individual meaning for the individual living even in necessary servitude to the arbitrary and random Fates through three ascending stages of what are now called phenomenological experiences: aesthetic, ethical, and religious. The incomplete work of Camus reversed the ascending experience: religious, ethical, and aesthetic. I want to begin anew the early thought of the work of Camus by dissolving all three stages into nihilism as a morality based on action not words for the individual trying simply to find meaning in the unavoidable incapacitating ruling class ideology — its ethics — of Technological Society. An opposition struggle to Technological Society so as to continue historical struggle cannot derive from ethics or even from socially acceptable morality but only from nihilism as a morality.

— The remainder of this essay is found at: AN EXISTENTIAL META-ETHICS: ARGUMENT FOR A RETURN TO ITS ROOTS IN NIHILISM AS A MORALITY

LAW AND DATA SCIENCE

Data science has been successful in achieving accuracy rates as high as 83% in predicting the outcome of court decisions: Artificial intelligence prevails at predicting Supreme Court decisions. It is only a matter of time before the algorithms used to predict court decisions progress to the point of actually being able to make better decisions than the judges who now make them, that is of replacing judges and juries to be judge and jury but not the executioner — assuming we can get around the human intuitive block to allowing an algorithm or mathematical formula make normative decisions for us. If the words “justice” and “justice system” are to have any practical or pragmatic social construct meanings other than nominal normative meaning created solely to benefit the few in power in the future of our Technological Society, we need to get around this antiquated and unwarranted intuition.

 
For anyone who has studied history and existential reality, there should be no such intuitive block. The progression of history is an anarchic chaotic progression of random and arbitrary events with any historical patterns that exist almost always ignored by those who make history especially normative history; they are ignored in order for the Powers-that-be who create and define the law and its norms to create a future in their image irrespective of the images of their predecessors who used the same will-to-power to create the present. The prior essays entitled “Why Tolerate Law?” and “An Existential Philosophy of Law” have well established that the concept that judges use the facts and something called the law to reach conclusions or that there is such a thing as the common law that serves as premises for future legal decisions are both nonsense. Judges make decisions to enforce their personal ethics and morality through a monopoly on violence with protecting such monopoly one of the goals of their ethics and morality.

 
Even if a judge wanted to synthesize the thousands of pages of common and statutory law and the convoluted almost incomprehensible intertwined facts involved in even the simplest of court decisions, they could not do so. It is simply behind the ability of human consciousness because of the complexity and the large amount of data and information involved. In order to achieve some semblance of fairness and to make court decisions other than simply a product of a particular judge’s personal ethics and morality and thus of their biases and prejudices, we need to use the great human creation of data science and its algorithms. For a detailed argument on this issue, please see the extensive essay: “Knowledge and Truth in Data Science: Theory Without Theory?” .

LAWYERS AS LEADERS / NOT!

There is a new fad among law schools: teaching lawyers to be leaders. Even Harvard Law School has such courses both as part of their curriculum and as separate continuing education courses at $10,000 tuition for each. This would be funny if it were not so sad and even scary.

 
Lawyers are the ultimate followers. Take any established, well respected, and reputable United States lawyer or judge and transfer their birth and life to a different culture such as North Korea, Stalinist Russia, or any similar non-democratic system of law and they would just as ardently preach the divinity of “the rule of law” in those countries as they do in the United States. The “rule of law” has never been on the right side of history and never will be. Law exists to enforce status quo ruling class ideology and serves to suppress any leaders that would oppose status quo ruling class ideology — including lawyers that would be such leaders. From Socrates to Clarence Darrow and onto lawyers such as Abraham Lincoln, Nelson Mandela, and even to a Richard Nixon whose working class coarseness and background were seen as beneath the culture of the Washington elite and thus justified their unforgiving hatred of him, any lawyers that try to lead instead of follow will inevitably face legal problems, suspension, disbarment, and even imprisonment from the law.

 
Lawyers get into law because they want to follow rules and believe in rule-following as a distinct and unique virtue completely ignorant of Wittgenstein’s Rule Following Paradox and any modern philosophy of language and even of science. Does not matter the rule, all rule-following is a virtue for the lawyer mentality. This would not be a problem if they would admit to such form-over-substance mentality and thus incorporate or insert methodology to control it within the practice of law and the judiciary but they do not. In fact it is the exact opposite. The judicial system is the largest oligarchy in the American Republic. Its supposed leaders are chosen for their life tenure jobs giving them complete immunity for their actions by small committees of other lawyers based not on any merits that can be tested and falsified but based solely on political etiquette and ideology standards. After its primary purpose of maintaining the status quo ruling class ideology through a monopoly on violence, the second purpose in life of the rule of law is to hide its primary purpose of maintaining ruling class ideology through a monopoly on violence.

 
Having served in both the military and in the legal system, as anyone who has served extensively in both will most likely tell you, I know there is significantly more freedom of speech and development of leadership by merit in the military than there is anywhere in law. As the military knows, leaders are developed not taught. If one needs to be taught how to be a leader, one is not a leader and never will be. The first rules of leadership are to treat all those you lead fairly and not to demand anything from them you would not demand or expect from yourself. These rules are nonexistent in the oligarchy of the law. In practice, what leadership exists in the practice of law consists of the networking leadership of using one’s connections to bring in clients and business to a law firm — that is it is the leadership of making friends with others in order to benefit financially from the friendship. This is not leadership in any sense but in the sense of nepotism — there is no merit-based meaning to such leadership.

 
The prior essays entitled “Why Tolerate Law?” and “An Existential Philosophy of Law” have established how law has become the unopposed normative power with a monopoly on violence in the Western World. What these law school leadership training courses are really about is networking and about establishing an etiquette wordgame for being called a lawyer-leader within the context of ruling class ideology. These courses teach those that can afford the teaching and who are already at least indoctrinated into class ideology what to say and how to say it so that those in power will recognize you as a follower of their power who can be trusted to follow their orders and to make others follow orders so as to maintain their power. It is not about being leaders but about being followers who are nominally entitled to call themselves leaders for the benefit of those they follow and to hide their ignorance of the nature of law.

EXISTENTIAL PHILOSOPHY OF LAW

A full copy of this essay is available at Academia and at SSRN.

A slave begins by demanding justice and ends by wanting to wear a crown. He must dominate in his turn. — Albert Camus, The Rebel

This essay is a continuation of my closing thoughts in Why Tolerate Law available on the attached Blogroll. Blind loyalty to patrician Hegelian reason and state worship in the form of law as meaning in life is different in degree but not in substance to the theocratic state worship of the East and is a surrender to cowardice not an existential leap from it.

This is a contemplation of the meaning of the universal “law” in its modern sense of nonscientific law: in the universe of language discourse that results in decisions of legality and illegality. There seems to be more to the meaning of “law” than simply a set of rules. For one, calling something a rule instead of a law requires knowing the difference between rules and laws. Second, unlike most sets of rules such as games, one can leave the game to make other games. This option does not exist with law; if one leaves the law or legality, one is either in lawlessness or illegal. I will further contemplate whether this universal can be naturalized to scientific law and seek to determine whether such meaning and naturalization are or can be an existential philosophy of law. This contemplation will require contemplating the attributes of existentialism as they exist in plebeian lives that includes nihilism and not solely from the more popular academic patrician existentialism that excludes nihilism. I do not want this contemplation and any existential philosophy of law to be just another academic -ism, it was have pragmatic value for the plebeian portion of the class struggle that is history.

Existentially, life will always be meaningless and whatever social meaning it has will be forced upon the many by a few. For those few with the power to make their meaning in life the meaning of the group’s life, existentialism gives their will to power freedom to act and makes their struggle existential and aesthetically beautiful. However, for the many upon whom the few force their meaning, existentialism not only fails to give their will to power this same freedom but instead binds it and leaves their struggle to be existential and ugly. Patricians have the luxury to pine for meaning through their aesthetics and then violently either through law or directly to force that meaning on the remainder of humanity, but the plebeian existential absurd hero must not only fight and survive the absurdity of the universe but also this patrician will to power that forces the meaning of their lives upon the universe and all outside their class. For all known history and at present, both struggles eventually involve use of violence, but at least for the moment, the violence aspect is hidden in the behavior modifying techniques of Technological Society. As the plebeian existential absurd hero Don “Wardaddy” Collierand through Brad Pitt ad-libbed: “ideals are peaceful, history is violent”. Empirically, given that class struggle is an unavoidable inherent attribute of all social constructs, plebeians must ask whether it is better to suffer an existential struggle with the universe while governed by the few while living in material poverty in pre-Technological Society or while living comfortably in Technological Society with free time for contemplation of philosophy.

If an existential leap to morality is made, eventually that morality will run into the status of law as an unopposed normative power in the West as the present reality that must be confronted and then accepted or opposed as a good or an evil.

I do not intend to promote or criticize any particular social construct of Technological Society, either political (so-called conservative or liberal versions) nor any of the countless academic myopic constructs pretending to be history varying from feminism to classism to libertarian to post-structuralism to race studies and so forth nor its economic constructs such as capitalism, socialism, and so forth. My contemplation is only to describe the social construct called law that is a universal in all social constructs as a final arbiter of their normative statements. From the plebeian perspective, criticism would be stupid. Modern plebes irrespective of their status as wage slaves or not, of all sexes, kinds, and lives in Western Technological Society, live the finest material and least violent lives in known history. Money may not buy happiness but it buys everything else. At the same time, however, it would be stupid to promote Technological Society because it still maintains the same class distinctions and unequal will to power that all social constructs throughout known history have maintained. Patricians will promote it on their own without our help — despite their pretending to despise it. However, patricians despite complaints to the contrary, will promote it as static condition to remain forever as the ultimate social construct meaning for life in the same way they promoted chattel slavery, feudalism, bullionism, mercantilism, and all the other -ism’s that came before capitalism and socialism and any other social constructs they presently promote. If there is a next progression for Technological Society, it must come through plebeian existential struggles with patricians and not from any patrician existential struggle among themselves. Regardless of whining about despair, patricians are just fine as they are, were, and will be.

FROM A TRIAL ATTORNEY’S PERSPECTIVE: TWO DOGMAS OF LAW SCHOOL ACADEMICS AND THEIR EFFECT UPON THE FUTURE OF LAWYERING

A full copy of this essay with all parts is available in the Social Sciences Research Network: SSRN  and in Academia.

 

Modern law school academics in the United States are dominated by two major schools of thought: law and economics; critical theory. The most recent popular version of the latter calls itself critical realism. Both schools are conditioned upon two dogmas they claim must be recognized by jurisprudence and policy decisions in law. In critical theory, its foundational dogma states there exists a fundamental empirical distinction between situational influences and individual influences. This dogma exists in law and economics by a multiple of names, all making the same fundamental distinction but in disguised form. For this school, situational influences are dogmatically defined as simply a set, sum, or collection of individual influences. Both schools of thought share another dogma: a belief that normative statements can be derived from empirical statements. Academics and their believers in both schools want to be anything, such as economists, psychologists, anthropologists, sociologists, physicists, and onward, anything but lawyers for whom they both exhibit nothing but contempt making me at least wonder why they went to law school in the first place though I suspect the answer is for the power. As a practicing attorney my whole career in law, I write this essay as a representative of a dying breed (perhaps justly so): trial work and the art of lawyering. Both dogmas and the contempt for the practice of law that goes with them are not only worthless to jurisprudence but the constant bickering over them and associated paper churning verbiage lacking substance pontificated by those who are the law’s teachers serve only to destroy the credibility of jurisprudence and its usefulness for maintaining and passing on to posterity a free, prosperous, and open society. These dogmas and their contempt for the practice of law prevent progress in jurisprudence from catching up and paralleling scientific learning, an update it desperately needs if it will ever be anything more than the under-laborer for the few who are or want power over the many.

 
I. INTRODUCTION / THE NATURE OF THE PROBLEM

 

As I will analyze next in this essay, even in the simplest of problems in jurisprudence such as the proverbial “gun-to-the-head” case examples, the dogmas at issue do nothing useful but serve only to blind the search for the forest by concentrating on the trees. I will concentrate my analysis of the first dogma in the form it exists as a foundation for the new fad of critical realism because this analysis once understood will easily translate into an analysis of the equivalent dogma in law and economics that has had much more time to hide itself in the trees. For this purpose, I will reference examples of the dogma at work in the law review article entitled “The Situation: An Introduction to the Situational Character, Critical Realism, Power Economics, and Deep Capture” by Professors Jon Hanson and David G. Yosifon as this article seems to be the first gospel and foundation gospel for the bible of critical realism. I will refer to it as the Situation.

 
Though nominally hidden, the second dogma is substantively and essentially the same for both critical legalism and law and economics thus the analysis will not need to be split.

 
The Situation article begins with, contains within it, and ends with pages of warning and advice on how the readers need to open their minds, contest their most “reassuring self-perceptions”, read “mindfully”, and avoid being hypocrites who attach to other persons ignorance of truth while ignoring their own ignorance. After which, the authors of the Situation routinely, constantly, repeatedly, and to all indications unknowingly proceed to violate all of this warning and advice. I do not want to repeat their lecturing and risk becoming a hypocrite myself but it is important to have some sense and analysis of the hypocrisy involved to get an appreciation of the harmful, blinding effect these dogmas have upon jurisprudence and lawyering, in fact, upon basic reasoning skills and rational argument.

 
The nature of the problem of these blinding effects on both the substance, essence, and credibility of jurisprudence are most evident when the critical realism authors of the Situation try to be physicists instead of lawyers at pages 155 – 56 by using a “thought experiment” involving plane travel and then at multiple pages beginning at page 206 where they pontificate about the Catholic Church’s initial rejection of the physics of Galileo as an example of “capture”.

 
The plane travel “thought experiment” depicts an airplane passenger getting up from his seat, traveling to the bathroom, and returning fifteen minutes later. The authors than ask you to “estimate the distance that the old man traveled between leaving and returning to his seat.” Now, if you are a reasonably prepared, reasonably educated trial attorney with some diversity in life experience, you would immediately note that this question at a minimum lacks a proper foundation, is misleading, misstates the facts, assumes facts not in evidence, and, even if these problems as to form are resolved, is a question that only would be relevant and have probative value for any reasonable inquiry into truth if asked of a qualified expert witness. However, the authors as law professors are not trying to be lawyers, they are trying to be physicists. As physicists, they answer, “If you are like most people … you estimated thirty feet. A more accurate estimate, however, would be roughly 1000 times greater than that — approximately 150 miles. In other words, most people see the man moving within the plane, but miss his situation, the plane itself. … Indeed, when one takes those additional situational forces [movement of the Earth, solar system, the galaxy, the universe] into account, the old man moved … something closer to 350,000 miles.” As a trial lawyer, my first instinctual response to this individual/situational distinction is, “how is a traveler walking on an airplane” any less “situational” than an “airplane flying on the earth”? I am getting ahead of myself. By admitting the question into the evidence considered in the Situation, the authors prove themselves unskilled trial lawyers; by allowing the answer in, they in addition prove themselves unskilled physicists even at an amateur or sophomoric level.

 
If my above lawyering objections were resolved and then only an expert witness physicist was allowed to answer the question, the first answer would probably be a question: “I cannot answer your question as posed, do you want me to use classical physics or modern relativity physics?” Since the Situation seems to love Galileo, to be consistent with that love, I answer “please use classical physics.” At which point, the answer would probably be another question: “what inertial reference frame do you want me to use?” To keep things simple, I would answer “use the plane”. To which the “truth” would be “approximately 30 feet”. If I had answered, “use the earth”; the “truth” would be “approximately 150 miles.” If we really wanted to challenge our “thought” instead of playing academic games, I should have answered his first question “please use modern relativity physics.” To which, the physicist would have responded with another question, “what coordinate system do you want me to use and from what coordinate do you want me to measure?” In response, if I had answered “from the coordinate of the traveler with his point and coordinate remaining the same in any coordinate system”, the “truth” would have been “zero distance traveled”. What would have been the physicist’s answer if I had asked the witness to use pure quantum physics without simplification for scale? Engage in a real thought experiment by finding this answer yourself, learn something, and thus do something the authors of the Situation for some reason could not be bothered or could not do.

 
If the plane travel “thought experiment” had been approached from a lawyering perspective, we would have had an actual thought and learning experience. Instead we got a differentiation between the “individual” situation of the traveler and the “situational” situation of the plane, earth, and so forth. A differentiation that no physicist would make because to science one inertial reference frame or coordinate system is as good as any other. Which one to use is relative to what they are trying to predict. So, again, “how is a traveler walking on an airplane” any less “situational” than an “airplane flying on the earth”? Is it simply because the authors of the Situation want it to be distinct in order to prove their argument that they are distinct? These questions are not considered in the “thought experiment”, apparently it is assumed that this distinction is either self-evident or accepted based on their authority — that is, the distinction is dogma.

 
The enormity of the blindness to reality, despite calling itself critical realism, involved from such dogma is more evident in the Situation’s dealing with the Catholic Church’s initial rejection of the physics of Galileo that goes on for pages of verbiage that says nothing.

 
So, how does the Situation cover Galileo? Do they act lawyerly and thus review, examine, and cross examine the best evidence: the hearing records, expert submissions, evidence, and documents of the inquisition of Galileo still available for review and much of it on the internet? Do they take evidence or testimony from historians, theologians, and physicists on the subject? No, apparently there is no need for that. After all, they are not just lawyers, they are historians, theologians, and physicists; so, they quote hearsay from other lawyers and tell us themselves what happened as self-evident truth. According to them, what happened is “capture.” The Catholic Church was one of the mighty powers of the 17th Century. Galileo, while a student and then a professor teacher at two Catholic universities was a free-thinking lover of truth with a new “true” idea of the nature of our solar system but this “individual” influence on society was powerless against the “situational” influence of the Catholic Church whose power allowed it to distort and twist the academic and scholarly experts of the times to its irrational purely religious view of the solar system. As a result of this alleged capture, the authors tell us, an innocent individual was wrongly persecuted and silenced by Pope Paul V and a Cardinal Bellarmine denying society the “truth”. According to the Situation, if not for this “capture” of the expert witnesses who testified and of the evidence presented at his inquisition, the experts would have supported Galileo and the truth would have been known earlier and without punishment of Galileo. According to the authors, this “answer is obvious.”

 
Whoa, a powerful concept this “capture” based on this distinction between individual and situational influences. Again, as a lawyer, my initial instinct is to ask how are Galileo’s teachings reached during years of study, examination, and teaching using the resources of two Catholic universities an example of “individual” influence whereas the Pope and Cardinal’s teachings reached as a result of years of study, examination, and teaching using the resources at Catholic universities “situational”? There may be a difference of degree, but how are they different in kind? Does this distinction mean the Divinity School and the Philosophy Department at Harvard are “situational” influences whereas the Law School and Economics Department at Harvard are “individual” influences? Has anyone told the theologians and philosophers at Harvard about their situational power over law and economics that I suggest would be a surprise to them? Is individual influence the egg and situational influence the chicken? If so, which set of teachings is the egg and which the chicken? Which influence came first, the egg or the chicken?

 
Perhaps it is just a question of power? In his time, Galileo as an individual obviously had less power in every respect than the institution of the Catholic Church, but this would not be true of the individual Charles VII, the Emperor of the Holy Roman Empire, nor of the Pope. If it is an issue of the degree of power controlled, then we should call it an issue of the degree of power. Galileo had little individual power because of his situation as a student and teacher, Charles VII and Pope Paul V had large individual power because of their situations as emperor and pope. We can describe both sets of power honestly and truly either as “situational” or as “individual” depending on the speaker’s intentions not upon any fundamental difference in the nature of “power” as that word is used in English neither in the circumstances of “capture” nor to the extent anyone advocates for its inclusion in jurisprudence. If “capture” means the Catholic Church was more powerful than Galileo, than should we just say so and get on with a Marxist analysis of law as simply a monopoly of violence and forget about the useless word “capture” based on the useless distinction between individual and situational influences whose use is dependent solely on the intent of the speakers not on the facts spoken about? The authors do not consider these questions. Again it is assumed the “answer is obvious” as either self-evident or based on their authority — that is, the distinction is dogma, the same as any dogma issued by the Catholic Church or any church.

 
Instead of being a historian, theologian, or physicist, let’s try to be lawyerly and engage in the critical thought and examination of the alleged “capture” of Galileo’s “truth” that would be required if it ever came up as an issue for trial. I should start by seeing what theologians say about it since it is a theological issue but I am practical enough to know that raising theology in an essay submission to the closed-minded culture of law school is a guarantee that it will be trashed. I actually hope and want someone to read this essay some day, so I will ignore theology.

 
What do historians tell us about the Galileo Inquisition? Historically, what happened is that Galileo while a student and then a professor at two Catholic universities developed a heliocentric theory of our solar system that he could not support at the time by any evidence because the necessary math and physics had not as yet been created and developed. The Church had a formal, open hearing on the matter in which Galileo was allowed to face and to respond to his accusers consisting of qualified, prominent, academic scientific authorities of the time who all disagreed with him and submitted argument and evidence to substantiate their disagreement. Based on such undisputed expert testimony and Galileo’s inability to respond with anything other than unsubstantiated theory, the inquisitor Cardinal Bellarmine after review of his conclusions by the Pope personally ordered Galileo “… to abandon completely… the opinion that the sun stands still at the center of the world and the earth moves” as a physical truth. However, the Church did allow him to discuss such theory as a mathematical and philosophic idea. Thus, as the necessary mathematical and physical theories developed, eventually the heliocentric theory became widely accepted as scientific “truth” at Catholic and all universities. From a lawyering perspective, this was not a bad adjudicatory process overall nor result. Much better than anyone would now get before being terminated, removed, or arrested in our supposedly more open-minded society if one even tried to open a discussion at one’s employment, in class, or in a public forum let along argue the politically incorrect stance on such topics as homosexuality, racism, sexism, or abortion.

 
How about the physics? It turns out that according to the modern general relativity physics of the last hundred years, the concept of an inertial reference frame that is necessary for either a heliocentric or geocentric model of the solar system does not exist. All we can do is establish coordinate systems for space-time in which the only requirement is that each point have a unique coordinate. So, according to modern physics, if we had a mind or computer sophisticated enough to deal with the enormous and convoluted mathematical complexities involved, we could choose and use a coordinate system with the revolving earth at the center and the sun revolving around it. Since real science accepts and practices Ockham’s Razor as heuristic technique for its conceptual choices, real physics chooses the sun as the center of its coordinate system thus greatly simplifying the math and achieving a much more pragmatic model.

 
So, let’s see what we have. A Cardinal Bellarmine condemning a person before him for ideas reached at one of the universities he supervises after a full evidentiary hearing and review that included expert witnesses to which the accused had a right to face and respond and to whom he did face and respond was persecution and “capture”. So, what is it when two secular legal scholars as representatives of one of the most powerful legal cultures in history use solely their chosen written hearsay with no opposition submitted from anyone to condemn the dead and an entire millennia old religious culture? Is this like super-persecution and super-capture? If Cardinal Bellarmine was a tool for situational influences trying to avoid the absolute truth that the earth revolves around the sun, are the two secular legal scholars who wrote the Situation tools for situational influences trying to avoid the truth that there is no absolute truth about what revolves around what in space-time?

 
Is the absolute truth that if modern jurisprudence wants to approach reasoning in the same way as science, it should also accept Ockham’s Razor as a heuristic technique and stop creating unnecessary dogma about distinctions and relationships such as “capture” simply to boast the egos of its academics and their worshipers who see in the law a means for power instead of controlling power but who do not want to call it power? It is with the hope that the answer to this last question is in the affirmative that I get into the body of this essay.

THE MYTH OF JUDGES OF PROVEN INTEGRITY

An omnipresent myth universally marketed by American legal culture is that judges are experienced, honest, impartial, and of proven integrity. To anyone with any significant experience with either a state or federal court system or in the selection either by appointment or election of judges, this myth is a joke. Somehow, it continues. Most likely it continues because most people are so frighten of getting involved in legal disputes that they do not even want to think about those involved. Once they do become involved, such people become “litigants” (or worse, criminal defendants) and thus lose credibility with the rest of society desperately trying to avoid getting involved.

Most judges start out as average human beings with one serious defect: they want to be judges. That is, they want to have a lifetime job in which they sit in judgment on the lives of their fellow human beings; cold-bloodedly view their problems; and then make their lives worse in some way so as to maintain whatever social order exists — be it the order of a North Korean dictatorship, a Russian oligarchy, or an American oligarchy. Judges maintain such status quo by the sacrifice of the individual — unless the judge is sympathetic to the individual — with all decisions required to be universal and not accepting of diversity nor individual personality or morality. There is no curing of disease, no invention, no epiphany, no theorem proven, no joy of pure analytical thought, no joy of experiment, no critical thinking to a solution, no scientific method, no glory of winning, and no agony of defeat — any type of honest emotion and good faith belief in a principle or good or evil is to be avoided (other than “law and order” that actually means just order). The only joy is in the power of playing god except for the fact that they lack the courage to do any killing themselves but have others do it for them — however, the judge cannot admit to such playing but must hide behind the smokescreen of law, pretending there is something more to their decision-making than just their arbitrary decision of what personal ethics and morals to enforce and which not to enforce. Hiding this reality of the judge’s job, American legal culture in all federal courts and in most state courts gives life tenure to average human beings with such an obvious character flaw plus grants them no accountability for their acts — forgetting power corrupts.

For example, present Supreme Court Judge Sonia Sotomayor stated in an Associated Press interview that she wanted be a judge by age 10 after watching a Perry Mason episode at which point she “realized that the judge was the most important player in that room”. What were you dreaming about at age 10? At age 10, I was just trying to survive until the next day. If I did dream, it was to become an astronaut, an explorer of the world and the universe, to cure cancer, to become a military hero, about the girl sitting next to me in class, or of having love and a happy family, or doing something great to help my fellow humans. The few times I watched Perry Mason, I sympathized with the innocent defendant being railroaded through the system by the powers — including the moron judge — miraculously saved from imprisonment or worse only by the hero Perry Mason. Ms. Sotomayor despite having a loving, extended family supporting her path not only to survive but to prosper in life instead was dreaming of being the moron judge simply because he had the most power. What a sick mentality. This sick mentality gets worse as we go up the power chain to such power fiefdoms as the Supremes. Lower court judges are actually the most fair and wise since they must work with real people in real world situations instead of living in ivory towers of power being an end in itself.

Have you ever read or even heard of any judge, in the present or in history, leaving their judgeship because of stress, worry, guilt, overwork, in rebellion, or as a matter of principle? Neither have I. In fact, especially at the federal level, judges have to be carried out in their senile old age while desperately trying to hand-on to their job of being a demigod. The federal system is full of “senior” judges past the suggested retirement age of 70. The idea of becoming part of humanity that is judged instead of those doing the judging is their greatest fear.

There are no merit or competency tests or requirements for being a judge. The only test, regardless of whether a judge is elected or appointed, is a political one. They are usually former government prosecutors or big firm attorneys who spent their whole professional career following orders, not making waves, and taking whatever politically correct position they believed was necessary to get them the needed political credentials for appointment to a lifetime umbilical cord of a government job. They are supposed to be the best and the brightest of an adversarial legal system in which the best attorneys are supposed to take the greatest risks defending the unpopular and powerless of society such as did Attorneys Atticus Finch of “To Kill a Mocking Bird” and Abraham Lincoln — neither of which could ever be appointed to a judgeship but instead would most likely be disbarred in our modern legal culture for their antics. Instead, as attorneys, most judges were the bottom of the barrel in terms of adversarial and analytical skills and courage — their only skill was politics but they even lacked the courage to run for political office.

This myth is present in all legal systems even going back to the sophisticated legal system of the Roman Empire. In fact, it is this myth that is the greatest weakness in the monopoly of violence that is the law and is usually the one way that it can be beaten. Eventually, as the status quo empowered by judges gets further and further out-of-step with technological and material progress, those charged with executing the judgments of judges get tired of their incompetence and stop executing the judgments. Since judges are incapable of doing their own dirty work, this is when things finally start to change. Judges and the “rule of law” consistent with their dishonest nature take credit from our Honored Dead for historical progress that led to the abolishment of slavery, of Jim Crow laws, of forced segregation, of denial of equal rights to women and minorities, of destruction of unions and the imprisonment of their members, and of almost all injustices that in their time were legal and enforced by judges. In reality, judges have throughout history always been on the wrong side of history and were on the wrong side of these listed now abrogated laws. Violence or some type of civil or military revolution has always been required to get judges on the right side of history.
This reality is still true despite judges’ present claims, again, that they are on the right side of history. These present claims by them and their worshipers hint at more than just character flaws to the presence perhaps of insane delusion. “Insanity: doing the same thing over and over again and expecting different results”. — Albert Einstein. For a more detailed analysis of this myth, please see two of our sponsoring books The Law Illusion and Between the World and Us .

THE MYTH OF LAW AS PROTECTING THE POWERLESS FROM THE POWERFUL

Once the powers that led the American Revolutionaries succeeded and created our Nation, they had a problem: they were no longer the outcaste criminal minority operating solely by their arbitrary decisions restricted only by pragmatic concerns for winning the revolution through the principle of might-makes-right and thus violating the “rule of law”. They were now the law-abiding majority. Upon becoming the law, they immediately began to market not only the first false myth just contemplated of the Nation being founded upon the rule of law but the second false myth of law: it protects the powerless from the powerful.

 
The clearest way to contemplate the second myth and see through it to its heart of darkness is by contemplating the often used philosophical analogy of imagining humans in the state of nature or humanity’s primitive state defined as: the hypothetical conditions of what the lives of people were like before societies came into existence. However, since this blog and related blogs are not for academia but for workers spending their lives in the daily struggles of life, do not conduct this contemplation as it usually has been done by philosophers varying from Plato to Robert Nozick in which the result of the contemplation is pretty much predetermined by upper class philosophy. Contemplate our state of nature in its purely working sense by starting with you and adding individuals one by one to a real world of struggle for survival in a universe that at best is indifferent to our existence but usually is actively trying to kill us.

 
So, there you are, trying to survive with nature trying to kill you. What law and legal system do you have? Pretty much nothing other than the rule that whatever works for you to survive or to give meaning to your life ought to be done until it stops working.

 
Now add another person, someone who is overall either more powerful in their ability to survive life or less powerful in their ability to survive the struggle for life. Now what legal system do you have? Assuming the more powerful is not a complete and total asshole, pretty much nothing changes except for those instances when there is not enough of something for both of you to share equally or there is disagreement as to what needs or must be done. What is the law at that point? Unless the more powerful person is some type of Christian martyr that by definition would mean that person is not the most powerful person in terms of their ability to survive in life, the new law is: whatever works for survival or to give meaning to the lives of the most powerful person will be done until it stops working for them.

 
Now a third person joins our dynamic duo in the state of nature. At this point matters start to get tricky.  In situations of scarcity or dispute, the most powerful person could in theory and in practice keep full control of the weaker person in the two-person state of nature by tying the weaker up at night and once releasing the other during the day never letting the other out of sight. However, this gets harder to do when the more powerful has two weaker persons to control. In bad times, the stronger can still keep the weaker tied up at night but never letting either of the weaker out of sight during the day gets harder. If the weaker conspire, they could figure out a way to give the stronger the proverbial and most likely physical stab in the back when necessary for survival. The situation is still might-makes-right but the might could now be established by the weaker majority combining together to beat what would be the stronger minority in the absence of the weakers’ conspiracy. At this point, the powerful with their superior will to power survival instincts naturally come up with the concept of “rule by law” and then “rule of law” as a means to remain the powerful: i.e., the weaker should not conspire to stab me in the back because this is illegal (as well as unethical; as we will contemplate later, the concepts of law and ethics for social purposes are essentially the same with the former simply being the latter plus a monopoly on violence to enforce whatever the ethics may be). In order to convince the weaker of the need to give up their potential for joining and killing the powerful, the second myth starts: law is for your own good to protect you the weaker from the powerful — conveniently ignoring the fact that the powerful given the need and opportunity would stab the weaker in the back and kill them regardless of the illegality of such an act.

 
As we add more individuals to this state of nature to make bigger and more complex societies, this minority/majority problem gets worse, but the law becomes a much easier and a more efficient solution to this problem once it is given a monopoly on violence while also becoming more convoluted with verbiage both to foster the myths under discussion and to act as a smokescreen hiding their falsity. There will always be a minority of powers-that-be — or the “High” as Orwell calls them in his 1984 — who will have through fate, destiny, luck, or whatever you what to call God’s hate of the poor a superior might-makes-right will-to-power meaning in their lives. There will always be a majority of the powerless or less powerful — or “Middle” and “Low” from 1984 — who could make meaningless the High’s will to power if they organized, conspired, or combined enough of their will to power. Why God so hates the poor that he would make such a three-part division a necessary part of reality is a contemplation beyond this blog but is contemplated in sandpebblespodcast.com.

 
“The rule of law” comes into existence at that point of social creation or progression from the state of nature in which the minority powerful is concerned about being overpowered by the majority of less power or powerless through shear force of numbers. The law is created to abrogate “might makes right”, but not in the sense of abrogating “might makes right”; it abrogates the might-makes-right of the powerless in order to protect the might-makes-right of the powerful. Law is created to protect the powerless from the powerful but not in the sense of protecting the powerless from the powerful; law is created to prevent the power of the majority powerless through unity from overpowering the power of the minority powerful.

 
Before I go further in this contemplation, I must emphasize that I am not saying that this pragmatic purpose of the law to protect the minority powerful was always a bad thing; I am simply saying that it is a false myth to claim the opposite as being a basic premise or principle of law. As contemplated on the associated blog of www.betweenworldandus.com, in its comparison of racism versus classism, unfortunately the division of human society into social economic classes is a part of reality unavoidably necessary to win the struggle between humanity and the universe trying to kill humanity. Thus, unlike racism, we will always have social economic classes and classism and there will always be a necessity to protect the powerful from the powerless by means of social economic classes maintained by the majesty of the law. Pragmatically, the myth that the law protects the powerless from the powerful perhaps was needed through most of human history as a smokescreen to keep the Middle and Low in their place. As recently as a hundred years ago, 80% of the world population was illiterate and obviously had no internet access for information and the technological revolution was barely beginning. The world is now 80% literate and rising with internet access for information at 60% at rising and we are fully into a Technological Society. At this point, the myth does more harm than good by treating workers as illiterate fools that clearly they are now not. The time has come to let the wage slaves know they are slaves and honestly control them as millennia of human societies and law did with chattel slavery whose true nature was never hidden from the chattel slaves. Such truth is necessary for humanity to move into its next stage of history whatever that may be. I will hopefully contemplate the effects of these myths in our technological society in a later essay.

 
Seeing how the true nature of this second myth played and plays out in human history can be done easily by any reader of this essay by picking up a real history book written by real historians (not polemics by popular historians such as Howard Zinn or Doris Kearns Goodwin) and reading the facts from the perspective of the principle contemplated here: law serves not the false myth of protecting the powerless but to prevent the power of the majority powerless through unity from overpowering the power of the minority powerful. You will immediately see that it pragmatically works to explain the past and to predict the future. In doing this, do not get thrown off by appearances such as seemingly pure altruistic laws as those protecting the handicapped, children, or similar powerless. The law is not a unconditional lover; it always by necessity acts in accordance with its true nature and thus even when appearing to enforce seemingly purely altruistic law; as with a bad lover relationship, it does so solely for ulterior motives and will use its ephemeral altruism against you or expect something from you in return at a later time or at other place. The law giveth and the law taketh. If you want unconditional love, get a dog.

THE MYTH OF A FOUNDATION UPON THE “RULE OF LAW”

This is the omnipresent cry of all socially accepted members of United States legal culture (and of most modern nations’ legal systems): our Nation is founded upon “the rule of law”. This is the predominant myth in United States legal culture: the United States was founded upon the “rule of law”. By “rule of law” is meant the principle that law should govern a nation as opposed to governance by the arbitrary decisions of individuals. This is the law’s strongest marketing myth yet the easiest to see through its deception to the truth once one bothers contemplating it in the context of history.

 
Neither the United States nor any modern industrial or technological nation — including any of the major nation state players in the modern world such as Britain, France, Germany, Italy, Russia, and so forth with the possible exception of Japan’s Meiji Restoration or of satellite nations such as Canada that are castaways from the major players — were founded upon the rule of law. The United States was founded by religious fanatics seeking freedom from all secular law and by criminal revolutionaries motivated by desires for individual freedom exempt from all law and by various forms of a master morality will to power varying from avarice, anarchy, and bootlegging to piracy, sex, tax evasion, and wagering. By “criminals”, I am not referring to the fact that many were slave owners because owning slaves was legal under the rule of law at our founding as it was for all systems of law throughout history until a couple of centuries ago when slavery’s rule of law was abrogated by armed civil revolution. The revolutionaries of our American Revolution in relation to Britain and Europe had more in common with present day Somali pirates than with any enlightened believers in “rule of law”. (In the same way that the British of the 16th Century in relation to Europe had more in common with present day Somali pirates than with any enlightened believers in “rule of law”.) They were a minority who by violence intended to force and did force their minority views and rebellion against established British law upon the Loyalist majority not by any rule of law but through violent tactics and atrocities against Loyalist civilians and their property that would be called terrorism and war crimes in our present world. A detailed chronological history of how a violent criminal minority was able to start and win our American revolution can be seen at www.redcoat.me.uk/Rev-War.htm . In short, the fanatical minority criminal revolutionaries of the American Revolution in trying to give meaning and power to their individual lives used the atrocious, illegal, and deceptive tactics of all revolutionaries in history without consideration or respect to any concepts of “rule of law” other than “might makes right”.

 
The difference is that our revolutionaries because of their unique place in time and space were successful in revolting against the established rule of law. This success has more to do with physical geography and the availability of new industry and technology than of any inherent good in the revolutionaries: luck, destiny, fate, or whatever you want to call it. See www.redcoat.me.uk/Rev-War.htm .

 

The worse and best aspect of the founding of the United States is that such rebellion against the rule of law is what had to occur to make us the first country in history in association with the dawn of the Industrial Age and now the Technological Age to be founded not upon principles of “rule of law” through kings, queens, emperors, military leaders, senators, representatives, judges, or other demagogues but upon principles claiming the individual not the individual’s community is the measure of all things. As such a country, we have been for more than two hundred years a beacon of hope to all humanity still living under the natural and ancient “rule of law” that individuals to survive in a universe at best indifferent to our existence must surrender their individual needs and goals to the needs and goals of the whole to survive. Revolutionaries of the American Revolution said, “F___k the whole” and spit in the face of the indifference of the universe and its “rule of law” to explore, discover, and conquer their universe in a struggle, perhaps never ending, to make their own individual heaven on earth.

 
As a result of their success in founding a nation through might with no respect for any rule of law, our revolutionary rebels were then faced with the issue of how to rule their new nation. This leads me to the second false myth about the rule of law: the rule of law protects the powerless from the powerful

FALSE MARKETING MYTHS OF LAW AND JURISPRUDENCE / INTRODUCTION

Though legal culture in the United States calls itself a profession, it is really a for-profit religion having a monopoly on violence to produce one product: you. Its business goal is to tell you what you ought to be and what you ought to be doing to produce a “you” in its image. The secular religion of law uses well marketed false myths to stay in business: 1) the United States was founded upon the rule of law; 2) the rule of law protects the powerless from the powerful; 3) judges are experienced, honest, impartial, and of proven integrity; and 4) there is a difference between law and the ethics and morality of judges.

 
I will cover each of these myths in separate essays. As I have written elsewhere, in trying to contemplate and write about the general principles that govern such issues as law, it is not my goal to create an idiocracy by oversimplifying the problems of creating a workable social system for adjudicating disputes so as to avoid private violence and internal conflict among individuals or groups that would disrupt the viability of United States society or of any society. However, our modern technological world is so very complicated that it is easy to forget the basic premises of human thought that have made us successful so far in beating the natural world’s will to kill us and wipe our societies from the universe. For example, mathematics is incredibly complicated, yet all of its incredibly convoluted rationally challenging complexity begins with one operation: addition. If you do not understand that 2 + 2 = 4, all of mathematics is worthless farce. To freely operate in a free and open society, one must accept that “freedom is the freedom to say that two plus two makes four. If that is granted, all else follows” — Orwell’s 1984. Modern legal culture loves generating law libraries of verbiage to hide that 2 + 2 = 4. One of its methods for denying us this freedom is through the false marketing myths that I will be contemplating. To be free in an open society, these myths must be seen as false and rejected. We can then go on to a more subtle contemplation of the nature of the concept of justice in a modern technological society.

 
The false myths that I intend to contemplate are universal to all legal cultures but are most powerful and thus have the most adverse effects in United States culture because the United States is so powerful and successful. As with all past societies and especially empires, as they achieve more power and greater success, the few who possess most of that power and success start to generate smokescreens that hide the foundation bases upon which the power and success were built resulting in their being ignored and the foundation allowed to crumble thus eventually crumbling down the society and empire built upon them.