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Originally Posted by urangutan It is funny Fido how wealth that you are actually talking of is the production of wealth as opposed to wealth that is in the possession of the aristocracy. Of course wealthy landlords and education simply for those who can afford the privelage of not having to earn another franc to help feed the family is your idea of how the modern world should see its roots. Of course you could always expect a franc if a carriage ran over one of your twenty children because having sex is a sin and procreation is the aim. I don't think you have an idea of what is meant in the concept of modern and by the term law you refer to obedience and servitude as opposed to fair and just. |
I do have a concept of modern, and that is not to say we could not do much better. I don't agree with the law. Judges have little disgression to judge the law against the facts, but can only judge the facts against the law. The fact is that all we do we do in a legal milieu, even wars. And the fact is that all we think of as modern in our governments and institutions is about a thousand years old, and the beginnings of it were in the realization that the world did not end when Jesus did not return, and so the church which was the universal form of government at that point took over society. From that age we have our great medieval philosophers, the development of international law, and law merchant, and great universities. The rationality that divided philosophy from theology doomed the world to protestantism which wrapped theology in ever greater swathes of faith, but which in turn left capitalism free of moral restraint. So, it does not work, but on the other hand, Western society grew many branches out of a common root. And what most affects us, and makes the social contract workable goes back further yet in the history of the church, and it is spolation. What this means is, that if someone takes what is yours, you cannot take it back by force (despoiling) without giving him a better title to it than you began with. Handy, hunh? This puts us at odds with the Muslims who see that they have an absolute right to justice, because our only claim on justice comes about when we are peaceful. Since most theft is peaceful, and even legal, peace only makes injustice a done deal. We have only an absolute right to peace, and when we say the rule of law to Muslims, it means that we will impose peace regardless of whether it is just or not. And the thing is; it was not so long ago that we were all like the Muslims, and all like the German tribes, and all like the American Native Nations. It is law, and in particular, Catholic Church law that has brought us into the modern world for good or bad. I recommend the Book, Law and Revolution; The formation of the Wesern Legal tradition, by harold J. Berman, widely available in paperback.