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[areomagazine.com]
In Praise of Proportionality: How the Courts Will Save Us From the Wackiest of the Woke

Rosary_Trace 7 Jan 13
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After the first paragraph the article fell apart. It quickly became obvious that the writer assumes the dogma particular to a cult I call The Cult of Might Makes Right.

The assumption is that the government (so-called) and only the government has jurisdiction over facts that matter in a case at law. That is false.

That is false constitutionally, and that is false in practice.

Take any controversy whatsoever and if the first paragraph to the article is true, then conflict resolution is either under the jurisdiction of the people themselves or jurisdiction is taken by a faction, or a cult, which is a segment of the population less than the whole: the so-called government.

That assumption in which the government, and only the government, has the power over judgment - which is the assumption clearly made in the article - is proven wrong in cases that go by the name Revolution.

When enough people (a power threshold) enslave everyone under this false assumption (absolute power in the hands of the so-called government) there is then an often (even routine) counter to that abuse of power, and the collective sum total of all the countering being done by all the individuals sharing that need to counter that abuse of power is again called (routinely called) Revolution.

There are revolutionary forms of law, which go by such names as Legem Terrae (the law of the land in Latin), due process of law, the Ancient Law, Rule of Law, and recently the common law.

If sovereign individuals voluntarily seek adjudication of their conflicting situations, any conflict whatsoever, the rule was established to take their arguments to the people as a whole, such as the early democracies. When the number of people constituting a society under law grow to a size too large for democracy, there is then representatives who represent portions of society, such as in the case of Trial by Jury, exemplified in the Ancient Law, also known as the common law.

Rather than a cult, faction, minority, majority, party, group, segment, religion, corporation, or government afforded the power to decide what is a just remedy (adjudication of conflict) that power was afforded to representatives of the people as a whole: the trial jury according to the common law. Those jurors are picked by lot to reach the goal of an accurate representation of the whole people, to avoid cases where power to adjudicate is given to one faction to be abused as people in that faction consume, enslave, injure, or destroy people in an opposing faction: bias.

Had the author of the article not failed to recognize the false assumption - the dogma - made by cult members, the article might have led to the actual constitutional employment of Rule of law: power of the people to judge for themselves.

"That moderation fits with the broader picture of common law, which is necessarily slow moving. Inductive reasoning—i.e. taking the narrow facts of the case in hand as a starting point, rather than broad overarching principles—helps preserve the legitimacy of courts within democratic society and nevertheless allows for a sense of progression over the years."

Clearly the author is unfamiliar with the actual common law, or the author dismisses it for cause.

"It was a principle of the Common Law, as it is of the law of nature, and of common sense, that no man can be taxed without his personal consent. The Common Law knew nothing of that system, which now prevails in England, of assuming a man’s own consent to be taxed, because some pretended representative, whom he never authorized to act for him, has taken it upon himself to consent that he may be taxed. That is one of the many frauds on the Common Law, and the English constitution, which have been introduced since Magna Carta. Having finally established itself in England, it has been stupidly and servilely copied and submitted to in the United States." Lysander Spooner, Trial by Jury, 1852

"Firstly, I suspect the interesting issue on appeal will be the basis on which a judge can reach a conclusion that a particular belief is not worthy of respect in a democratic society."

The author of the piece repeats the dogma whereby a member of the government assumes arbitrary power to judge the facts in a case: a bold faced lie. If it is a "Family" court, or "Equity" court case, then it is Summary Justice, and it is not a case at law, not even to those who dogmatically aid and abet their Summary Justice Kangaroo Courts. Only recently have the two opposites (Summary Justice Courts and Courts of Law) been conflated as one monopoly court system of universal plunder. Out went the law, and in place is arbitrary power.

Rights of Man by Thomas Paine
Page 52.

"A government on the principles on which constitutional governments arising out of society are established, cannot have the right of altering itself. If it had, it would be arbitrary. It might make itself what it pleased; and wherever such a right is set up, it shows there is no constitution."

0

From the link:

"Human rights have, for many decades now, been a central concept in cultures that embrace the idea of the sovereign individual. When the individual is understood as ensconced within a sphere of liberty, there are necessarily hard limits upon the power of the state to make incursions into that sphere. What a person believes, says, wears or does is prima facie no business of the state. That means that it is no business of a person’s fellow citizens either because, while the state appears in a multitude of guises, there are always fellow citizens under the hood."

I just read that much from the link, and from that, I am on the edge of my seat wanting to read the rest of it.

0

Proportionality? Please explain how some notion of proportionality comes into play with regard to the obviously false narratives of those who call themselves "woke".

How would a matter of "wokeness" find its way into the courts in the first place and how would a judge decide proportionality on a matter of "wokeness".
The very idea of is comical. A good stand up comic might be able to come up with some funny material on adjudication of "wokeness"

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