Category Archives: Law

Update II: The Genius Of Ancient Hebrew Law

Anti-Semitism, Ethics, Hebrew Testament, Ilana Mercer, Judaism & Jews, Justice, Law, Natural Law, Reason

I’m not a religious Jew; I’m a Hebrew—of the civilization that invented equality under the law; a principle that is dictated in Deuteronomy and Exodus centuries before classical Greek philosophy. I believe the passion for justice is in my genes, as transmitted to me by a father—a rabbi—who’d repeat the phrase most repeated in the Hebrew Bible: “Justice, and justice alone, you shall pursue.” (Deuteronomy 16: 18-20)

While the Babylonian Code of Hammurabi, “the first written code of laws in human history,” put in place different laws for the aristocrat, the slave, and the commoner; my tribe, commensurate with the ethical monotheism it was instructed to practice, was being hammered about applying the same laws to the king (Samuel advised the people against having one), the commoner, the alien, the orphan, the widow, the slave, the rich and the poor.

One of my favorite injunctions comes from Exodus 23: 2-3. I know you’ll share in my admiration for its unadulterated exhortation of individualism and justice:

“You shall not be led into wrongdoing by the majority, nor when you give evidence in a lawsuit, shall you side with the majority to prevent justice, nor shall you favor the poor man in his suit.”

How wonderful; how brilliant! And how modern-day religious sects—the churches and the Jews—flout the law of immutable justice by demonizing, for example, those who possess the ability to accrue wealth while deifying those who don’t.

Update (May 24): One of the ignoramuses who frequent the site accuses me of “Jewish supremacy.” That, after I wrote a post explicitly extolling the “teachings” of the Torah as a pioneering text—not the Jewish people.

As I commented hereunder to a reader; then, as now, the stiff-necked people did not often heed the classical prophets.

Against Posting Policy, I’ve posted “Dan’s” missive even though he did not provide a valid email address, so you’ve not been spared his post. But let us provide the evidence of my “Jewish supremacy” for the research-averse Dan, in the form of my writings on matters Jewish:

Your Godless Government At Work (The teachings are praised, not the people.)

Jews Against Judaism

Chronicle of Jewish Community Omits Capitalism

Soul and Moral Tradition (Here I am quite scathing about the contribution of Jews to the popularization of psychology.)

More here.

Clever Anti-Semitic writers often point out that Jewish thinkers are chronically critical. I fall into that category, in as much as I find it impossible to refrain from pointing out contradictions and corruptions wherever I see them, irrespective of tribal affiliation.

Dan’s logic works in the Age of the Idiot, where making clear distinctions is obsolete.

Update II (May 25): This is getting a little personal for my taste, however, to reply to my friend, The Judge: I’m not sure I love my own, as you put it. In fact, I very much doubt that. I am not part of a Jewish community, don’t have Jewish friends, and am married to a WASP. What I am positive about— crystal clear, in fact—is that I love, and know a bit about, the Hebrew Bible (is it 39 books?). I can read it in the original prose (Hebrew). And as a writer, I have to agree with historian Paul Johnson’s assessment that very many of the biblical writers were geniuses, with a unique, pioneering creativity.

As for the principles of justice that are found in the early books we’ve been discussing and are developed by the classical prophets: this is the stuff upon which our concepts of justice rest. What else?

I’m not a person of faith, but for those who are: who other than the ancient Hebrews brought into being the “concept of a single non-corporeal God and its ethical and moral commandments”?

When Jews went into the diaspora and became a sickly, disembodied, landless people, the rabbis took over, implementing a faith dominated by particularist, legalistic, ritualistic elements.

Updated: ‘He One Holy Roller’

Constitution, Democrats, Ethics, Federalism, Individual Rights, Iraq, Law, Morality, Neoconservatism, Political Philosophy, Republicans

Another of my archaic titles (it hails from the Beatles’ “Come Together“).

Speaking at Notre Dame, “America’s leading Roman Catholic university,” President Obama called on the factions warring over abortion to come together and find common grounds.

“So let’s work together to reduce the number of women seeking abortions by reducing unintended pregnancies, and making adoption more available, and providing care and support for women who do carry their child to term.”

I agree. In their lyrics, the Beatles exhorted, “Come Together Right Now Over Me.” Make it, “Come Together Right Now Over the Constitution.”

There is no warrant in the constitution for or against abortion, adultery, homo-or hetero marriage, etc.

Quaint, I know, but to the federal government were delegated only limited and enumerated powers (Article I, Section 8):

The Tenth Amendment to the Constitution states:

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Yet pro-life advocates want to force their way on the rest through a constitutional amendment. And pro-choice agitators wish to compel the country—and their countrymen who oppose the procedure—to pay for abortions.

Obama is no constitutional scholar although he is touted as one. But he should know that the Constitution proscribes his meddling and prescribes, via the brilliant Tenth Amendment, a perfectly good solution: Leave it to the states and the individuals concerned (and let them pay out-of pocket).

Would that pro-life types fussed as much over fully formed, innocent human beings (such as those who’ve perished in Iraq) as they do over fetuses. Republicans sure showed their contempt for life in their enthusiasim for the carnage visited on Iraqis.

Come to think of it, the culture of life never seems to extend beyond a claim of dominion over another human being’s body.

Update (May 19): I’ve posted this Iraq notice before, but judging from the letters received, retention is non-existent. So here goes again:

A note to the neoconservatives who frequent this site, and post their ill-formulated fulminations vis-a-vis the war on Iraq: That war is not going to be adjudicated again here, not ever. I chronicled the invasion of Iraq at great length, applying fact and every ounce of reason in my possession to repudiate and denounce that war crime. The case is closed! Neoconservative ideologues stand in the dock for aiding and abetting a war crime. The lazy neoconservative can read my archive on the topic. While I can imagine these ideologues urgently need to make peace with their maker, or consciences, for their role in a crime of such moral and material magnitude, they will not do so on my private property!

Big Man Barack

Africa, Barack Obama, Constitution, Democrats, Economy, Ethics, IMMIGRATION, Intellectualism, Israel, Journalism, Law

To go by the dictionary, and “within the context of political science, big man, big man syndrome, or bigmanism refers to corrupt and autocratic rule of countries by a single person.”

Back in February, Democratic Senator Robert Byrd (D-W.Va.), “a stern constitutional scholar who has always stood up for the legislative branch in its role in checking the power of the White House,” warned about Obama’s executive-branch power grab.

According to Politico, “Byrd complained about Obama’s decision to create White House offices on health reform, urban affairs policy, and energy and climate change. Byrd said such positions ‘can threaten the Constitutional system of checks and balances. At the worst, White House staff have taken direction and control of programmatic areas that are the statutory responsibility of Senate-confirmed officials.'”

Byrd is an old Southern gentleman after whom Republicans are always chasing for his past indiscretions. George Will follows in Byrd’s footsteps in making a similar point, only later in the game, and leveled at a president he did not support.

“The Obama administration is … careless regarding constitutional values and is acquiring a tincture of lawlessness,” writes Will. After detailing the flouting of contracts, the use of TARP as a slush fund, and the bullying of business, Will concludes:

“The Obama administration’s agenda of maximizing dependency involves political favoritism cloaked in the raiment of ‘economic planning’ and ‘social justice’ that somehow produce results superior to what markets produce when freedom allows merit to manifest itself, and incompetence to fail. The administration’s central activity — the political allocation of wealth and opportunity — is not merely susceptible to corruption, it is corruption.”

Updated: Goons Against Gays, Gun Owners & Other Good Folks

Criminal Injustice, Ethics, Feminism, Gender, Homosexuality, Law, Military, The Military, The State

I’ve been concentrating quite a bit lately on the way the State moves swiftly and speedily against good, patriotic Americans, who’ve transgressed some or another petty rule. But to dangerous or undesirable aliens—the very people upon which the state must clamp down and control — it almost always grants immunity and inordinate privileges.

Consider the latest SCOTUS decision that encourages and incentivizes identity theft. Or the many cases where a gun owner is nabbed for self-defense or for nothing much at all.

Deporting or bringing to book an illegal criminal takes forever, and often doesn’t take place at all. On the other hand, the military, a lumbering complex, moves against gays and lesbians who’ve come out at the speed of light.

Dan Choi, West Point graduate, Arabic linguist, and a Lieutenant in the United States Army, was fired for coming out in no time at all. No sooner did it become known that Choi was gay than he was dismissed.

The same goes for “Sandy Tsao, who was booted from the military after telling her superiors she was gay in January.”

That’s one fast and efficient bureaucracy.

Now, homo or hetero—you ought to keep you sexuality to yourself, and out of my face, be it in the army or in the office. I’ve lamented before that, sadly, “The closet has come to signify oppression, rather than discretion.”

Moreover, women ought to barred from the military completely, unless they are lesbian Amazons; a rare breed which can almost match men in physicality, and is unlikely to have the toxic effects straight women have on esprit de corps (and on rates of illegitimacy and welfarism).

Still, the way the state has hounded and proceeded against gays and gun-owners so quickly and callously goes to show again that in a corrupt, fascistic country, the law protects the outlaw, not the law-abiding.

Update (May 11): The Israelis use women in auxiliary roles; not as equals on the battle field or as candidates to consider for The-Right-Stuff sort of missions. I will say, that I’ve watched an Israeli woman (on American TV) instruct American men in face-to-face combat. She was as good as a man. But more importantly, Israeli women are different from American women; they’re tough, no-nonsense types, who do not whine much, speak quite well, and don’t report for duty with breast implants and painted finger-nails. The women I’ve seen who rise to prominence there inspire confidence; which is more than I can say for the flaccid empire’s females.
There are exception, of course. CNN featured a few tragic stories of upbeat, wiry little American girls, minus a few limbs, who graduated from military academies and were just gems. Still, these exceptional young women (tiny and nowhere near as resilient as a fit young man) do not belong near the battle fields, other than in supporting roles.

If you’re interested in the subject, STEPHANIE GUTMANN, a very good writer, whose book “The Other War: Israelis, Palestinians and the Struggle for Media Supremacy,” I recommend, wrote the best book on the topic. Fred Reed praised her books too.