Tuesday, October 2, 2012
In Defence of the Naturalist School of Jurisprudence
Mainstream "Academia" alternately claims that there are Three or Four "Schools of Jurisprudence"; Natural Law, "Legal Positivism" and "Legal Realism" are the main ones, though "Critical Legal Thinking" is sometimes listed as a fourth.
However, by Definition, it's actually only the Name which Differs between the final three; even if one is to say that the former "Subjectivist" View doesn't regard there as being such a thing as Morality or considers there to be "Moral Relativism" without it being solely linked to the Governing Body's Dogmas or Mandates thereof, whereas the latter is such a "Relativist" Notion as Bases "Law" around said Doctrines or Mandates of the Ruling Body. None of those Distinctions, however, are invariably present, anyway; rather it being a matter of different Curriculum or Individual Ideologies.
I say there would still be no Objective Difference amongst these Doctrines, Ultimately, as to claim that there is no Morality is to Contradict the Implications of your Thoughts and Subsequent other Actions; for you feel either an Emotional "Justification" or "Injustice" regarding the Conditions of your Life - thereby Bastardizing any Thought of Sanctity in Natural Law! Thus, it is one and the same with claiming that Morality is either not Absolute or is otherwise Meaningless.
The only Differences thus Encountered in a "Humanist" world, of any fashion, are the Resultant Manifestations of Scenarios in which the aforesaid Beliefs are Practiced. This is the actual Nature of the so-called Fourth School; it is an Analysis of the "Subjectivist/Relativist" Modes of Operation under various Circumstances.
While it is said by most alleged Intellectuals that "Sociology of Law" is a Separate Field from the aforesaid, the very Definition Contradicts this! Once again, you also find many "Theories" that bear only Ostensible Differences.
Thus, rather than a Heideggerian Gestell, you have a Bogdanovist Tektology that those with Power seek not to Improve but to Control; though, making matters even Worse, the current Systems of the so-called Western World are all Bolshevist; viewing this Tektology, furthermore, in a Blankist ("Ulyanovist"/"Leninist") manner or one Derived therefrom. This Alien Ideology - this Cult of the Multi - stands in Stark Contrast to Reason, Science and yes, the Unadulterated Scriptures of Christianity.