Extemporaneous musings, occasionally poetic, about life in its richly varied dimensions, especially as relates to history, theology, law, literature, science, by one who is an attorney, ordained minister, historian, writer, and African American.
Tuesday, October 10, 2017
FAKE ROOT, FAKE AMERICAN LAW
FAKE ROOT, FAKE AMERICAN LAW
Law was originally based in religion. Religion was originally based upon nature. Law among men grew apart from religion in time, as continents drifted from a primordial land mass.
Nature is ordered life and non-life; that is, if such a thing as "non-life" exists contra life, at all. Nature is all: existence and/or preexistence, by any name that either is now known.
Man is part of nature. Man studies and contemplates nature; lives by the laws of nature, but, yet governs men by unnatural laws and means.
By "unnatural laws and means" is meant those that defy, contradict, or discountenance nature and its correlations in religion, science, and mathematics as determining.
Whether it is called "common law," "civil law," "ecclesiastical law," or by some other law name, to the extent that law does not join with, parallel, the laws of nature in application, it is "unnatural law, unnatural means."
Roots normally, naturally, produce fruit that is in accord with the root. If not, it is a most unnatural root/fruit; a most unusual, artificial, man-made law is such: being imposed in place of nature, fake nature, ersatz law. It may well be a monster, demon root.
Thus for American common law to have operated for centuries in utter contempt of these laws of nature, by discrimination based on color, or race, in its legal application of its ersatz-law to facts, it sets itself up to fall, having already failed, to adjudicate naturally, nondiscriminantly.
If the root is rotten, the tree and its fruit are too.