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Positive Law





Positive Law   by Terry Dashner


“Positive Law”

Based upon Nietzsche’s foundation of atheism, the utilitarianism of Bentham and Mill, and a Darwinian view of the development of human life, legal scholars started to formulate new theories of law. Eventually, positive law became known as legal realism. Legal realism is ‘theory in philosophy of law or jurisprudence broadly characterized by the claim that the nature of law is better understood by observing what courts and citizens actually do than by analyzing stated legal rule and legal concepts. Legal realism in the United States, in its contemporary form, is known as critical legal studies.’

This movement has recently given rise to postmodern legal theory. Advocates of this theory believe that law is created and interpreted in such a way as to benefit the people in power and exclude the poor and minorities. This legal theory has the potential to elevate the will of the human legislators over the will of the masses. Let’s not leave out judges and their self-imposed sovereignty. Aren’t we seeing this kind of arrogance today? Item: Recently the Ninth Circuit Court of Appeals in San Francisco, California, struck down the ban on partial birth abortion—saying it invaded a woman’s right to privacy. Item: A municipal judge in New York threw out the government’s case against the mayor who disregarded state law and issued marriage licenses to gay couples. The judge said that he didn’t like the law. (Keep in mind, though, the judge was appointed by the same mayor he let off the hook.)

This brings me back to where I started. The argument today is whether or not national law (and interpreters of the law—judges) is higher or superior to God’s Law. Most of today’s intellectuals would tell you that Western law is not based on God’s moral law. And they do this with a straight face. It’s against the law of the state to murder. God’s Law says that murder is proscribed, and the one who premeditates the murder of another person shall pay with one’s own life. It’s against the state law to shoplift. God’s law also says it’s wrong to steal. The state says it’s criminal to slander someone. God’s Law says that no man may bear false witness against his neighbor. If that isn’t a reflection of state law emulating God’s Law, then I’m missing something.

The challenge before us is great. It is to reverse a mindset that has been honed on the secular teaching of atheism and relativism by godless philosophers and scientists for the past 300 years. When man began to elevate human reasoning over faith in the 17th century, events soon followed that threw traditional beliefs into a tailspin. These were proven and established doctrines of the church that had held true, most of them since the time of the Holy Roman Empire. Our task is to call America back to her heritage. It is to call her back to God. This, my friend, is our challenge—to save America from godless deception.

Terry Dashner


About Author Terry Dashner :


Writes articles on America's early history. 918-451-0270


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Article Url: https://www.bharatbhasha.com/metaphysical.php/20446

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Other Articles by Terry Dashner

Hodgepodge Justice
   by Terry Dashner“Hodgepodge thoughts regarding Justice”I think you will agree with me that Hitler and his Nazi party stand out as one of the most repugnant memories in the annals of history. The question I raise is this: Were the nations that condemned the Nazis at the Nuremberg trials justified in rendering justice? Now before you question my sanity, please read the following lines patiently. If positive law philosophy and macroevolution (theory that holds to the idea that all varieties of...

Pasteur
   by Terry Dashner918-451-0270, Terry DashnerI think you will benefit from this story told by author Robert Hastings. Dr. Hastings is a native of Illinois and has written many books with stories which are as good as, or better than, this one. Enjoy. Although Robert Koch proved to the world that diseases are transmitted by microbes or germs invisible to the human eye, it was the French chemist Louis who discovered how to use weakened microbes to inoculate against all kinds of infectious...

Reciprocity
   by Terry DashnerFaith Fellowship Church…PO Box 1586, Broken Arrow, OK 74013…Pastor Terry Dashner… is our word for today. One dictionary defines the word: to give correspondingly. If you lived in Old Testament times, you might have related reciprocity in judicial terms like, “an eye for an eye.” If you are a student of the New Testament, you might associate reciprocity with the spiritual principle—“…whatsoever a man soweth that shall he also reap.” If you view the world through physics, you...

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