Argument and Program for Certainty in Law
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Jurisprudence. Philosophy of Law. Uncertainty of Law and Constitutional Government. This book looks at Argument and Program for Certainty in Law: The Status Quo; New Politics; New Constitution; New Laws; Law and Entropy
James Constant
writes on law, government, mathematics and science, as they are and as they should be
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Argument and Program for Certainty in Law - James Constant
Argument and Program for Certainty in Law
By James Constant
Smashwords Edition
Copyright © 1993,2013 by James Constant
Smashwords Edition, License Notes
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Table of Contents
The Status Quo
New Politics
New Constitution
New Laws
Law and Entropy
ARGUMENT AND PROGRAM FOR CERTAINTY IN LAW
The first principle of Constitutionalism is the balance between Capitalism (freedom) and Socialism (equality). Its second principle is limited government and maximum individual rights in the sense envisaged by the existing American Constitution. Thus, preferable
or Constitutional
government means designing a new Constitution and Laws to advance the principles of Constitutionalism. In Europe, particularly in Germany and France, a better expression of these principles exists than is found in America. The European systems are characterized as being more balanced and as having more certain Roman type laws, fewer laws, and fewer lawyers.
In America, there is no question that wealth makes laws for itself and that the individual is no longer in a civil association
but rather is in an enterprise
. The United States Constitution is no more significant to the majority of Americans than are the charters of its free market
corporations. There exists no such thing as a preferable authority
prescribed by constitutional and legal constraints. Constitutional and legal uncertainty, the unbalance of freedom and equality, unlimited government, and the disappearance of individual rights mark the law. The ruling minority has designed the law to protect its wealth and it has left the interpretation of the laws to men, the judges, whom it protects absolutely. Its judges and lawyers are accountable to no authority except wealth. Accordingly, its laws cannot be good, perfect, and just in any sense because they are not made by a preferable authority
. What arguments do we have for a system of laws not men? The main idea is to eliminate the sources of constitutional and legal uncertainty, those very elements that protect the wealth and power of minority rule by the special interests and their lawyers.
THE STATUS QUO
American society is dominated by merchants who,