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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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