Tagged: news
No Tengas Miedo
These mass shootings will forever elicit comment from me. The subsequent reactions and conversations, dangerously foolish, are just too near and dear to my heart, and they are in need of the type of course correction that only a pilot, like me, (hero, really) can offer.
This post will address two ideas that I read and viewed that I believe are pointed enough and popular enough to be worth public comment.
First up: Trevor Noah’s homily about how Neil Degrasse Tyson’s tweet contained things that Americans uniformly are “trying” to prevent, things which Mr. Noah believes are incongruous with mass shootings, as he doesn’t see Americans uniformly “trying” to prevent mass shootings. First question: Mr. Noah, are you going to become one of us or not? More to the point, Mr. Noah, do you see how that question operates? To be clear, at one and the same time it demonstrates that you are not one of us, while it indicates that you are invited. In other words, you’re not helping.
More in response to Mr. Noah’s outsider-yet-insider point: We’re the best. So, no, I won’t be trading that in for whatever you’re selling. It ain’t happening. It’s a non-starter. It’s moot. It’s untenable. No, thank you.
Even more: In a more academic and logical breakdown of Mr. Noah’s assertion, I submit the following. While “we” are trying to end medical mistakes, and trying to end disease, and trying to stop car accidents, we certainly do not try to end these things using the same methods twice. Put another way, past governments and other governments have removed their citizens’ abilities to wage war. This ends badly for civilizations, not just individuals. We’re talking long game, Mr. Noah. (Again, are you with us?) And so the mass shooting problem remains–but not for lack of trying.
Moreover, it strikes me as odd that we’re even in another situation where the government is trying to take weapons from its constituents. Do civil servants really lack all capacity for creativity, or is it just me?
Secondly, I read a piece which was an effort to keep afloat the fact that Latinos are afraid and have a rough time living in America. (The title of my post, btw, according to internet translate help, reads “Do not be afraid.”)
Long story short, I refuse to be afraid. When I become aware that some sensation of fear approaches, I admit it and seek to conquer it as quickly as I can. Need examples? Learned to build a fire. Learned to swim. Learned to sleep outside in any weather. Learned to sleep away from my parents as a kid. Learned to canoe. Learned to sail. Learned to tie knots. Learned to sew. Learned to shoot a gun. Learned to shoot a bow. Learned to sharpen a knife. Learned to read. Learned to write. Learned to dive. Learned to pass tests. Learned to become strong. Learned to play sports. Learned to drive. Learned to fly. Learned to fly at night. Learned to fly in combat. Learned to quit. Learned to not give up. Learned to try again. Learned to trust friends. Learned to swing a sledge hammer. Learned to trip pipe. Learned to untangle a pressure washer hose. Learned to work among low-skilled immigrants. Learned to read Hebrew שָׁלוֹם. And Greek Χριστός ἀνέστη! Learned to hablas espanol poquito. “Es viernes, y el cuerpo lo sabe!” And Amharic አመሰግናለሁ. Learned to serve. Learn(ing)ed meteorology. Learn(ing)ed leadership.
Do you see?
You’ve demonstrated poquito bravery by telling the truth, but overall–and I’m going to be blunt here–it seems like you arrive and then hold still. Porque?
Hmm. No entiendo. Yo aprendería.
No, I Won’t Say “White Nationalist”
In an Atlas Shruggedian sense, I feel like a pernicious line is being drawn in the sand among us folks wearing the white dermy. Whereas the so-called “colored” people of the world can say ‘white nationalist’ with impunity and likely strengthen established bonds, some new evil is slowly surfacing which claims that, as a white man, if I do not label the shooters ‘white nationalists’, then I, myself, am going to be thought of as a ‘white nationalist.’
Well, I won’t do it. I won’t say it. And here’s why.
First, I’m white. This is not wrong.
Second, I was (and in some technical sense somewhere, still am) an officer in the United States Air Force. That means I believe(d) in fighting for the United States of America–even if it meant to my death.
Don’t miss this next point: The United States of America is a *shh* nation. Eek! And this is not wrong, either.
So, no, I won’t be saying that the shooters are ‘white nationalists.’
However, I do want to share my reaction to these attacks.
First, given the manifesto of the El Paso shooter, we all need to renew our commitment to individual integrity. He wrote out–very plainly–why he did it. If we come in, after the fact, and all-Fruedian-like analyze the real reason he did it, we’re lying to ourselves.
Second, it is a lie to suggest that he merely thought there was an invasion or a war. No, this man crossed through the ether and manifested war. If we believe otherwise, we’re fooling ourselves. (Admitting we’re in a war does not mean we’ve lost. Slow down.)
Lastly, and again, we need to stop lying to each other. From the professors down to the pundits. From the top politicians to the teachers. We need to stop lying.
Instead, here’s the truth we need to affirm: America can do no wrong. America has never done wrong. America has no sins. America has no secret sins. America has no need to repent. America has never failed. America cannot fail. America must not fail.
America is not you. America is not me.
Current data suggests that America is the world’s third largest country on the planet as measured by both land and population. This data is wrong. America is bigger.
The shooters (from the first to today) are at war with America. Are you?
Open Letter To the Barbarians From the Literate
Dear Barbarians,
This is very difficult for me to write, perhaps insanely so, as you seem unable or unwilling to read. I guess this letter is not so much for you as it is for those literate individuals who I’d like to see step up their game when it comes to guarding the gates.
Barbarians: the most important thing I want to say to you is that we know you’re here. We don’t think that you’re “coming”. We don’t think that you’re “approaching”. We don’t think that you’re “closing in”. We know that you’re here, among us. And yet we’re not afraid.
I also want you to know that we know you can win. You’ve won time and time again. You probably don’t know this, but it’s true.
We know this because we are the ones who recorded it in the hopes that we might learn from our mistakes.
Here’s the main point: You seem to think you are entitled to keep everything you brought with you when you came to our home. You want to keep your clothes. You want to keep your food. You want to keep your language. You want to keep your gods. You want to keep your behavior. You want to keep your government. You want to keep your attitudes. You want to keep your family name. You want to keep, keep, keep, keep.
We don’t want anything. Instead, we hope. And here’s our hope: We hope that you will see that there is something greater to be gained than merely keeping what you already possess. We believe this because we are the group that chose to give up, chose to release, chose to exchange, chose to trade, chose to adopt, chose to change. Perhaps the better way to say it is that we are the group that chose to learn. Will you join us? Will you let us teach you? Will you learn the better way? Will you learn our way?
We believe you can. And we hope you will.
But we’re not going to force you. That’s your way–it always has been and it always will be.
The Literate
I Won’t Believe in “Narratives”
The N-word of the past had a characteristic that rendered it far more powerful than the one I call to your attention in this post. Unlike the bygone racial slur, the word-of-our-day, ‘narrative’ only finds usage among the over-educated and self-indulgent. Once the word is spoken aloud, however, the conversation usually cannot draw to a close without hearing its utterance many more times. This is the natural course of such buzzwords and catchphrases.
Not the repetitive feature, but rather the earnestness of the speaker or writer is what has drawn me out from my place of silent repose. These redundant commentators seem to believe that if they can simply make everyone see that the liberals, whether lead by AOC or Jussie Smollet, all have one narrative, and that they stick to it closer than stink to a pig, then, “POOF!” the world changes for the better.
Conversely, professed fanboy Michael Cohen’s opening statement caused me to wonder if I had fallen off the mobster-movie-watching wagon. Would his testimony have even been coherent without the resounding success of The Godfather? Put another way, does the snowflake generation even understand what a fixer is?
Will I admit that there does seem to be several different and conflicting scripts or “narratives” running through our voices currently? Sure. Will I admit that people like Ben Shapiro know more than I do from first-hand experience within meeting rooms that the media bosses have intentional “narratives” that they use to sell more advertisements than others? Yes. But I still won’t believe in “narratives” or what’s worse, try to advance my own.
Instead, I will believe in words. Check these words out. I had finished up the Bible’s book Jeremiah the other day, had felt totally unsure of how he got started, and so I decided to begin it again. Here are some of the words I found powerful, in no particular order. Serve. Whore. Green. High. Every. You.
Yeah. Those are some powerful words.
Ordered as the Living God so willed, and spoken through Jeremiah, they go, “But you said, ‘I will not serve!’ For on every high hill and under every green tree you have bowed down like a whore.”
No “Poof!” here. More like, “uh, is this still safe for work?” Probably not. But I believe that the same thing Jeremiah called attention to way-back-when happens today. And we cannot soften it or call the guilty to account by merely suggesting that they are mouthpieces for some distant, conspiratorially-crafted narrative.
There are many words from which to choose and in which to believe.
I won’t believe in “narratives.”
A Few Notes on Friends, Cultures, and Blogging through the Lens of the Gun Control Debate
I fear I may have driven one good friend away during my week of slandering the marchers. That’s no good. Time will tell. Here I want to happily prove that I miraculously still have one or two remaining friends, address some white/black cultural issues, and comment on the value of blogging as distinct from other forms of writing.
Remember my proposed Amendment XXVIII? Here it is again, “In time of peace, arms shall no longer be secured by the people.”
I still love it, but the sense I get is that most folks think it is quite ridiculous, if not totally immature, willfully ignorant, and completely impractical. While it’s always nice to be encouraged, I don’t find generality particularly beneficial for philosophical debate.
Out of the blue, however, one pal responded with, “What about new citizens? Your amendment doesn’t seem to account for them. Seems like you’d be fine with them securing arms during peace time.”
Two things should be readily apparent by that rejoinder. First, you couldn’t know this, but he responded within, oh, less than a few seconds. To note this is important to me because at the seminary the word “smart” is passed around and desired as if a mantle of holiness. It isn’t. And frankly, I cannot get anyone, professor or student, to coherently describe what they mean by “smart.”
Sidebar: I recognize only two traits of the mind. Speed and retention. Some people think faster, and some people retain more, but I have yet to meet someone who is smart. Consequently, then, my friend demonstrated that he is at least a fast thinker. I like to think I, too, possess a mind which is je ne sais quoi, rapido? and that that’s why we’re friends. Who knows?
Second, his particular reply–unlike general criticisms and/or silent anger–demonstrates that he respects me enough to consider my idea. This feels good.
In addition to this, I think I have just today gained some clarity regarding what drives my posts of late, the ones wherein I cry out for the remnant of living souls who know what we have accomplished in the United States to speak up before it’s too late.
You see, I have purposefully been engaging with other cultures. What can I say? I like to learn. While we’re all Americans, we are definitely not all the same culture. And I now see that my reactionary writing (such as the last joint movie review) is likely the manifestation of my own culture gasping for air.
Here’s the thing. Both cultures which I interact with, while I maintain that I am not fully a member of either (White Evangelicals and the Black Community), both of them believe in the Word of God in the dual senses of “…bread alone but every word that comes out of the mouth of God” and “…and the Word became flesh.” However, I reject the White Evangelicals because they preach that the Bible supports that mathematical truth is God’s truth. (Nowhere in scripture does any writer indicate that the LORD cares if one plus one equals two.) And I struggle with the Black Community because they preach that the Bible supports the notion that extra-biblical knowledge has no value. (These are sweeping generalizations. Rest assured, more are on the way. Rerax! It’s a blog post.)
By my thinking, the only important thing, the thing that the Bible explicitly states over and over again, is that there is a difference between the two. It’s not that man’s knowledge isn’t important, it’s just that it can’t possibly all be the LORD’s knowledge. There must be two types. And, point of fact, the word “holy” itself is just the church-ified version of the word “separate.” Again, the Word of God says that there are two types. Just don’t unify the two and you’re fine. (Seriously, don’t.)
The real question is how to get the White Evangelicals to stop insisting Christianity is the “smart choice,” and how to get the Black Community to care about math. As for me, I’m the smartypants who uses google for algebra problems. Bet the Arabs didn’t see that coming!
This takes me to blogging.
For me, it is holy catharsis. How about for you?
Why Not Soundproof the United States?
One of the joys of co-parenting involves driving on 470 twice a week. There has been road construction under way for some time now. One of the project’s features is the installation of rather large soundproofing walls between the residential areas and the presumably going-to-be-louder interstate.
As you know, benevolence often powers my wheels, and nowadays I cannot help but wish we could turn back the clock and help Trump achieve his goals, with the full support of, “We the people.”
The specific problem on my mind during these cross-town commutes is that while “walls” clearly divide people, whether they protect nation-states is apparently an eternal debate. But, but! Soundproofing simply keeps inconvenient noises from being heard.
If only we could start over, I think we all could rally behind the call to “Soundproof America!” Or maybe some Branson/Musk/Bezos-type could get the entire population of Earth to support, “We’ll Be Quieter!” or, “You Don’t Need Us Anyhow.”
As it is, we’re stuck with each other. I wonder who you think has the power to free us?
I Love Conversation
My good friend and I are trying to civilly gain some understanding of each other’s opposed views which have surfaced alongside this whole “March for Our Lives” thing. If you didn’t see, he left a much-welcomed and presumably expensive comment on yesterday’s post.
We belong to the same Toastmaster’s club, having serendipitously met there some six years ago. Tomorrow morning after the meeting we both have time to chat. In order to make the short time we have most fruitful, I wanted to respond to his thoughts here. I also cannot deny that I think our back-and-forth is the best one on the internet at the moment. Enjoy!
To begin, a word of caution. Please, please do not hear my assertions in the tone of, “I am god.” Instead, here me say, “This is how I see it.” We clearly disagree on many things; I am aware of this. Even after your thorough comment though, I am not sure you understand how I see it. My reasons for not being sure include that you didn’t say, “Well, Pete, we’re coming at this from two totally different angles. You’re taking a more philosophical approach, and I’m operating within the practical, legal approach. I’m also not even sure we are addressing the same problem.” Or some such thing. Maybe that’s what you do think. Time will tell.
That said, to be as clear as I can be, for me (and the status quo which I portend to represent) the issue is not gun violence. Moreover, I don’t think stating this makes me incompetent or ignorant or any other unbecoming trait. Nor do I think anything you have written marks you in such a way.
When I write, “I want these shootings to stop too,” I do not have in mind that I would prefer the violence to be committed by some other weaponry. More specifically, I guess I could have said, “I want the instances of unarmed, unprepared, and unsuspecting deaths of any size group of Americans (or any folks standing on American soil) who are attempting to better themselves to stop.”
It’s intriguing to discover that I fight my seminary professors’ views on the Bible for the same reason that I debate you about the second amendment.
While I am happy to see such a thought-out defense of some position on an issue that it would include taking into consideration grammar conventions of the late eighteenth century, I would never go that route. I would never go that route for the foremost reason that grammar conventions are nothing more than completely baseless speculations, unless you can show me that the writers included a legend or key of some sort–in which case the very conventions you highlight are no longer unfounded and speculative conventions but actual fact.
If the Constitution (icapitalizedtheenglishlettercatthebeginningofthewordconstitutiontoindicateimeanamericas), if the Constitution included some sort of definition of terms similar to what you wrote, then I have no way to disagree with what you wrote about the value of capitalization in interpretation. (And perhaps they did, though I have not ever heard of that section). If they did not, then I, and everyone with my point of view, am free to say, “I’m sorry, friend, but people do not live or die because of capital letters, and neither did the founders want us to think they thought so.”
Words matter, not their shape on paper.
Additionally, when I say, “the amendment,” I do not meant to claim that I know what the second amendment means in the sense with which you shared in your self-declared legal opinion. Besides what I wrote in that post, I believe that (philosophically) the law is the act of people giving up their rights in order to be free. With the so-called Bill of Rights, and specifically the second amendment, I believe we have, within the law and as one particular law, some one designated arena which the law is not–that being arms. In other words, I believe that in the act of people giving up their rights in order to be free, the second amendment declares that when it comes to arms, the law has no place. Put another way, I believe that the second amendment (along with the other amendments in the Bill of Rights) declares (both philosophically and actually) that there are some rights which if given up do not beget freedom.
The beautiful part of the Constitution, and by beautiful I mean spectacular, is that it provides for change. And here is the pay dirt.
The founders lived in a pre-hyrdogen bomb world. Yesterday former Supreme Court Justice John Paul Stevens advocated repealing the second amendment in a NY Times op-ed piece which featured an image of a musket juxtaposed against an AR-15. Ultimately the ex-Justice and I see the same reality. But he did not make the not the proper comparison. The proper comparison would have been that of the most destructive weapon of 1791 and the most destructive weapon of 2018. I’m imagining an image of a cannon vs. a mushroom cloud. One reason the second amendment could be repealed these days (and along these lines I think I might be fine with it being repealed) is because guns are melted by hydrogen bombs. Life is, I believe, fundamentally and irrevocably different today. The American people do not stand a chance against some dystopian American tyranny. Who are we fooling?
Do I think the American founders knew that future battlefields would be able to be melted by the heat equivalent to that of the surface of the sun when I support the Constitution so dogmatically? Do folks who think these weekend marches are pointless think the Constitution should never be changed? No to both questions. But I do think that the Constitution writers showed almost divine philosophical foresight in their writing, and I kindly ask that you re-consider whether these shootings (or, “these instances of unarmed, unprepared, and unsuspecting deaths of any size group of Americans ((or folks on American soil)) who are attempting to better themselves”) can be stopped by anything less than a re-evaluation of whether the overall arms circumstance on planet Earth has changed since the Constitution was written.
If so, amend.
If not, look in a different direction to stop the shootings.
Perhaps towards Christ.
Response to Comment from Friend about the March
(You’ll have to read this morning’s post to catch up. Apologies, but you can do it!)
My friend responded, “Your analysis or logic and certainly the conclusion escapes me. But, then again, in 1999 my two children were attending high school in Littleton, Colorado. Our home was less than fives miles from Columbine. The massacre that took place on April 20th, 1999 at Columbine High School cannot and will not be subject to the cavalier dismissal of your post. The millions of synchronous marchers, worldwide on March 24th are the empirical proof. That is a stronger, better conclusion… one guided by a light of hope… that last Saturday’s “March for our Lives” in Denver, is part of a larger, grander plan; one that this mortal can only guess at.”
My pastor is the man whom, nearly weekly, publicly declares the above conclusion in his prayers (assuming you’re referencing the LORD/battle/army sentence). As a veteran with first-hand battle and army (Air Force) experience, I cringed for the first two years of hearing the man say it. But for some reason I stuck around and gave him the benefit of the doubt. This past year of hearing it brought the payoff (and essentially re-reading the entire Bible). Similar to Aquinas’ thoughts on the law (i.e. counterfeit law), there is only one way that the conclusion makes sense and it involves re-orienting your understanding of reality. No small thing–and only possible with Christ.
I try to keep posts around 300 words, and so I cut out about half of what I initially wrote and hoped the meaning would still be clear. I am responding here because it seems to me that you may not feel confident in stating my point of view accurately, which I humbly submit is near the status quo’s point of view. Do you think you understand our point of view?
In short, assuming we agree that I have faithfully re-stated the claims made last weekend, I think the situation as more similar to calling for the end of cruel and unusual punishment or the end of certain forms of the death penalty than it is similar the Civil Rights movement wherein the African-Americans simply saw no reason why they weren’t allowed to vote. The call today is to restrict rights, not promote them. This is a very unique cry in human history in my reading of human history (unique in one sense, in another sense, it is the most common cry).
I’m not sure how my use of Columbine was seen to fit into the cavalier analogy of the big picture. I fully mean that I can see a future where historians in the future may find themselves describing all these “lone wolf” type mass shootings as early guerrilla warfare type acts of war which led to…
Regarding empirical proof, either more than seven billion four hundred million people worldwide, or more than three hundred twenty million in the United States did not get up from their couch. Empirically, in my mind, single-digit millions are not enough anymore.
On the whole, I still think (but might be wrong) that my analogy is an accurate assessment of the marchers’ claims, if a bit cavalier, in that it admits that the marchers’ are not calling to stop playing the game (which would be calling for an end to violence or the like, Beatles style). My point in getting to the root of the claim is to show that simply desiring things go in their proper place is not something that can be legislated. Instead, that desire is merely the call for the law to come into existence.
But it is possible that I do not understand what the marchers really want.
Pete
Reaction to Saturday’s “March For Our Lives”

This post is an exercise in the time-honored tradition of trying to state the opposition’s point of view.
As for Saturday’s events, as far as I can determine, two main claims were repeatedly made.
- We need to end gun violence. (Sir Paul McCartney and Yolanda Renee King)
- We need to keep weapons of war out of the hands of civilians. (Delaney Tarr and Cameron Kasky)
Regarding ending gun violence: it is not possible for me to imagine how to un-invent something as prevalent as guns, so I’ll not spend time assessing this claim.
Regarding keeping weapons of war out of the hands of civilians: I can imagine that, and so I’ll do my best to get to the heart of their desire.
Certainly the claim needs much more specificity. Surely they don’t mean to include knives (carried and used by warriors to this day), just as they surely do not believe other weapons of war (nuclear bombs) are obtainable by civilians. I also do not believe they intend to keep revolvers or single-shot rifles out of the hands of civilians. Nor do I think they wish to keep pump-action shotguns or the like out of civilians’ hands. In short, I think I feel the pulse of the claim rightly when I say that they desire to keep away from civilians any gun that resembles an AR-15, with its incredibly powerful and quickly replaceable “banana” clip (or the “I-always-thought-that-was-a-handle” thing).
Put another way, at the risk of oversimplifying things to an unfeeling level, the opposition to the status quo wants to make sure the star shape is only placed into the star opening.
This seems sensible, and yet the trouble with this view is that through it the opposition to status quo shows that it has not taken into account two very pertinent facts.
First, make no mistake, these shootings–beginning with Columbine–if not earlier, are acts of war, and to win a war you do not disarm the good guys.
Second, this is not a war against flesh and blood. Until the opposition understands the power of the Gospel, the limitless power of grace, they are fighting for the losing side.
The LORD has never lost a battle and he is captain of every army.
Review of Philosophy of Law and Jurisprudence (Part of The Great Ideas Program [Itself a guided reading of The Great Books of the Western World]) by Mortimer J. Adler and Peter Wolff
“When your old-ass parent is like, ‘I don’t know how to send an iMessage,’ and you’re just like, ‘Give me the fucking phone and let me handle it.’ Sadly, that’s what we have to do with our government; our parents don’t know how to use a fucking democracy, so we have to.” – David Hogg, Survivor of Marjory Stoneman Douglas schooting
Thank you, young man. I want to thank you for two reasons. First, thank you for delighting me. Second, thank you for saving me time.
Regarding delight: ask anyone who knows me and they’ll tell you that I love analogies. (Maybe you will understand me better if I write, “I ♥ analogies.” #celebrateilliteracy #icantreedorrite.) I love them because they somehow make communication crystal clear.
Regarding time: because you used an analogy, I do not have to ask clarifying questions to get at the heart of what you want to say. In other words, you have made my duty simpler. So, again, thank you for saving me time.
The analogy you provided is perfectly coherent, and undeniably clear. But do not think for a moment that through it you have demonstrated that you know up from down. I’ll grant that you are an expert at pressing “send”. Against my instincts, I’ll even grant that you are an expert at using a democracy. I will not, however, grant that you can see the truth.
The truth is that democracy is not something that is used, it is something that is built. More clearly, democracy is not the hammer, it is the house.
****
The preface to Philosophy of Law and Jurisprudence includes two true accounts of people stranded at sea after shipwrecks. Inevitably decisions must be made as to who should get to live at least a little bit longer. And, yes, cannibalism is sometimes the best option.
Against this backdrop, the authors present Western Civilization’s history of thought about the “law”. The book isn’t very long at all. Though, I will admit that to the likes of David Hogg and friends, compared to 140 characters, the work may seem unending. To old-ass parents, however, the ability to coherently, if not comprehensively, paint the broad-strokes of the past 2500 years’ discussion of Western thought as related to the law seems a pretty incomparable feat.
Beginning with Aeschylus, we are presented with the law as found in the infamous Greek tragedies as captured in fictions surrounding the Trojan War. In short, revenge is shown for what it is–unending. The only solution to the eternal problem is given in the institution of the court, the law.
Plato, in turn, takes the law and states that it has the purpose of promoting virtue, through persuasion and coercion.
Aristotle answers the new question which arises from Plato’s idea, which is, “What is this thing that men should be persuaded and coerced to be?” In short, after delineating natural law (killing is bad) from man-made law (speeding is bad), Aristotle offers that the man-made law must be for the common good and be properly made.
The Old and New Testaments are treated next, under the question, “Why is there any need for divine law?”
We next return to Aristotle and Plutarch, to include Solon, and see outlined the three functions of the law. The law must be made, enforced, and applied. Here we see the makings of our own three branches of government, the legislative, executive, and judicial.
Aquinas seems to be one of the first to notice that up until his time none of his predecessors really even didactically defined the term in question, that being, the law.
- Plato, for example gets close but misses when he writes, “…there is one among these cords which every man ought to grasp and never let go, but to pull with it against all the rest; and this is the sacred and golden cord of reason, called by us the common law of the State.”
- Aristotle, for his part, says, “law has compulsive power, while it is at the same time a rule proceeding from a sort of practical wisdom and reason.”
- The emperor Justinian wrote, “Whatsoever pleases the sovereign has the force of the law.”
Finally, we read Aquinas’ definition, being, “[law] is nothing other than an ordinance of reason for the common good, made by him who has care of the community, and promulgated.”
Aquinas is also the author from which we find the complicated but enlightening idea that an unjust law is an impossibility, instead it is merely a counterfeit law.
Hobbes is the man responsible for creating the notion that the commonwealth, the group, should be thought of as a new being–which he calls the Leviathan. In his system, there are essentially three commands/points. First, right to life is the only inalienable right. Second, to achieve life, one must give up all rights and liberties (with the assumption that all others follow suit) and third, men must perform the covenants that they make. The tricky part of Hobbes is that there is no law without the Leviathan. And the Leviathan cannot be against itself. Put another way, for Hobbes it is irrelevant that I think a law unreasonable.
Shakespeare’s Merchant of Venice receives the next chapter’s attention because of the covenant involving one character’s willingness to underwrite his debt with “a pound of flesh.” In other words, Shakespeare brings out that mindless obedience to covenants may not be best.
Montesquieu takes up the law with the phrase, “the Spirit of Laws,” as he promotes the notion Shakespeare observed, that is that there does not seem to be one hard and fast law. Specifically he advocates that the particular and distinct circumstances–especially the climate wherein the particular culture (or Leviathan if you will) exists–must be taken into account as the law is created, enforced, and applied.
Rousseau adds to the discussion by providing the sound reasoning that the law sets men free. Rousseau is also one of the first to argue that the law, as it sets us free, is primarily concerned with protection of property as property is the freedom most easily taken away.
Kant, while approaching the law from the perspective opposite Montesquieu (science), picks up the property notion and explains that to even say that we have a right to property requires a second person. And therein he defends the importance of property ownership as a measure of the law.
Next we view the American Constitution through the eyes of its inadequate predecessor, the Articles of Confederation. This will always be a worthy exercise.
Hegel then exposes the significance of understanding there is most assuredly a difference between the history of laws and the philosophy of law. He wrote, “A particular law may be shown to be wholly grounded in and consistent with the circumstances and existing legally established institutions, and yet it may be wrong and irrational in its essential character.” He is also responsible for spreading the notion that the philosophical task (in this case, answering either, “What is the law?” or “What is right?”) has not begun until the ideas are actualized.
Finally, the book ends with discussion of Dostoevsky’s The Brothers Karamazov. This is due to the final courtroom melodrama which is about as morally difficult as anything yet written and demonstrates that the question, “What is the law?” has not yet been conclusively answered.
Despite our current predicament, this little history lesson may be enough to demonstrate that the American system was very well thought out–not by grieving, angry teenagers but by parents who could tell the difference between hammer and house.
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But you already knew that, Mr. Hogg, didn’t you?