Archive for December, 2009

The Institution Called Justice

There are two parts to the Common Law: First, “Treat equals equally” and 2) Treat “unequals unequally.” All new law students learn both, but the second is seldom mentioned. If you are having a trial, you are determining whether there is an “inequity.”

Anglo-Saxon Law recognized that delay means injustice. There are TWO parts to court decisions, justice is the SECOND. The FIRST is to have a place where things get DECIDED. The second is JUSTICE. The second is a matter of endless dispute. The first can be seen on a calendar.

After the Norman Conquest, everybody was subject to what was erroneously referred to as Roman Law from France. Anglo-Saxon Law was quicker. But unlike so-called Roman Law, Anglo-Saxon made no claim to Perfect Justice. It was developed largely to solve a problem.

The problem was feuds. With Nordics, feuds get totally out of hand. I don’t need to explain that to an American. But in every Aryan society feuds were far more of a problem than almost anything decided in a court.

Like lawyers today, the Normans looked on Anglo-Saxon justice as crude. With the Norman Conquest English justice started on the road to Justice instead of Expediency. Law ceased to be something that had to dealt with as an adjunct to running the general society and became an Institution on its own.

This is an example of a critical rule: Wordism breeds institutions and ALL institutions follow an evolution, straight survival of the fittest, of their own, no matter what Words they quote. The first reaction we all have when told of earlier societies’ trials is to see them as absurd. But what would an Anglo-Saxon have made of a court deciding to let a man off for child murder if “the chain of evidence is broken?”

Anglo-Saxon justice was based on “Who sez?” You lined up those testifying for one side and those for the other and weighed them. A thane would outweigh a certain number of average men. There were no hermaphrodites in black dresses and mascara. There was no paperwork except recording the two sides and the “Who sez.”

Those who laugh at this have never lived in a community. In our society you have to find out who the person is at the trial. In those days, a person lived there all his life. In our society, the Judge is God in the courtroom. In those days, everybody in the courtroom played the same role he did in the community. This meant that the inequity of the society was reflected in the courtroom.

So is a man was a thane, he had more influence in his society than the average man. If his influence was greater and he was a bad man, it showed in the courtroom, but no differently than it showed in society at large. The courtroom was just a part of an unjust society and it reflected that.

In a society, the higher ranked people have to be careful which side they take. If they let a felon go free and he commits another crime, they cannot just ignore the way a judge who is Quoting the Words can.

With the Institution of Law in England, courts became a separate Institution, based on books that said that in the world of the court there was no room for the outside world. The Institution of Law developed a priesthood that looked a lot like that of the Church and for the same reasons, which had nothing to do with God or Justice.

Anglo-Saxon Law provided law. It solved two problems, one of making a final judgment without a feud, and the second of doing it QUICKLY. These are objective realities. So-called Roman Law turned into an institution with its own enormous priesthood. Its only justification was that it SAID it delivered JUSTICE, which is an absolutely debatable question. You will find precious few lawyers who claim that today’s law brings justice. But we all know that the legal Institution delays endlessly and allowed feuds to go on in feudal- note the name — times.

“Justice” was the only thing the institution ever claimed to deliver IN PLACE of the two objective things pre-Wordist Law delivered on, speed and preventing feuds. But once the institution was in place, the lawyers told us that law is not justice, and in fact real law has nothing to do with justice.

In fact, we no longer have any concept of what justice IS. One standard statement that is almost as stupid as Edison’s “inspiration versus perspiration” crap is that “only the rich can afford justice.” A rational person knows that the rich can afford ACQUITTAL. That is 180 degrees different from JUSTICE. But the difference occurs to no one, because the idea that law is justice no longer occurs to anyone.

But it does tell us what our legal institution has taught us that Justice IS. Justice is lots of lawyers. Religion becomes lots of priests or television evangelists. The man who said salvation is “free and without price” would have been burned for heresy.

But I mean this literally: To an institution which survives, the definition of what it produces will mean lots of money for them. Look around you, do you see any churches that don’t pay their ministers? Almost by definition, an institution depends on size, full-timers, MONEY.

We say that a person is deprived of JUSTICE of he doesn’t have enough lawyers and procedures.

The Church of Rome banned translations of the Bible and banned lay people from owning a Bible.

In the end, the Church found that banning the Bible was unnecessary. They did their own translation and only demanded that the Church’s Commentaries were seen as Biblical. As I said, institutions end up doing the same thing no matter what Book they claim.

The American Constitution was written down so that everybody could read it.

But in the end, the Institution of Law did exactly what the old Church did. The only Commentary that MATTERS is that of the guys in black dresses. They learned from the Institution at Rome’s experience that it makes no difference who can read it as long as only one Authority can INTERPRET it.

In the end ruling institutions look just alike. They can claim the Word of Hamilton or the Words of Moses, but the Words ends up meaning nothing. Only the Interpretation, only the Commentary, is enforced. And that is every bit as effective as banning the document itself.

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History Makes All the Difference

There is a passage in the New Testament about when the Jews become Christians. This led to Luther’s error in trying to convert the Jews and to many errors before. Luther was ignorant of the fact that “Jews” at the time the New Testament was written constituted about a TENTH of the ENTIRE Roman population, and they had nothing to do with what Luther thought of as “Jews.”

Luther also took out six hundred years of Jewish Biblical text because it was written in GREEK. “Jews” in the first century consisted almost entirely of Hellenized Jews, who did not use Hebrew AT ALL. So Luther thought the “Jews” as he defined them, Hebrew-users, were the Jews discussed in the New Testament.

In fact, Luther was the least of these gross misjudgments that the gross ignorance of history caused in the Church. Everybody is so obsessed with feeling guilty about the persecution of Jews that it never occurs to them that the Jews had a unique privilege.

Jews were the ONLY group allowed to practice anything but Christianity and stay alive. They became the ONLY group allowed to practice the local version Christianity and survive. Catholics were burned in Protestant lands and vive-versa.

Routinely.

When the New Testament predicted the conversion of the Jews it was, in fact, a correct prediction. The six million Hellenic Jews in the Empire became Christian. In couple of centuries later were no more Hellenic Jews. In short, I am denying the Roman Holocaust in which six million Roman Jews died.

But in a sense there WAS a Holocaust. Obviously as Hellenic Jews converted to the new faith, there was no tolerance of Hellenic Jews remaining Jews. They disappeared as totally as did the Jews in Europe during Hitler’s rule.

Nobody insists all the Hellenic Jews were killed because there’s no money in it. Someone could make a mint enforcing the Roman Holocaust.

But the point is that Church officials and Luther were ignoramuses. Their definition of “Jews” was as accurate as someone saying that the Privy Council met in an outhouse.

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That Silly Ass Edison

“Genius is 1% inspiration and 99% perspiration.”

If you ever wonder where the World War II Generation for its bullshit, look at that remark floating around in a punchbowl.

WHY WAS THIS INFORMATION PRODUCED? Why did Edison SAY that? It was to show that his success was not due to his UNEARNED natural genius, but to his being Tough, Hard-Working and Dedicated. The only difference between him and Karl Marx was that Marx said all production was 100% labor.

But Edison was not thinking about philosophy. He was thinking about HIMSELF.

Edison worked all those hours because he had a delightful MIND, which he did not EARN, to work with. Unimaginative people like sports better. If you’re good with your body, you are more likely to like sports than mental exercises.

But even the dumbest jock would not say that they would be a star tackle if they weighed 120 pounds and WORKED at it. Yogi Berra would not even make a JOKE like that.

But Edison’s piece of pure bullshit is quoted all the time, and no one is smart enough to laugh.

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