No one is justified in doing evil on the ground of expediency. Through a small part of evolution which is devoted to free will, we learn and grow. One who allows oneself to learn and grown in this way never frowns at the mistake of others, but, instead, forgives them. Laws permeates American society. Laws have been defined as a system of rules. Another way to think about this is to think in terms of Law and laws. While laws (little “l”) are the specific rules that we have to restrict, regulate, and/or promote behaviour, Law (big “L”) is a larger concept: an ideal that is based in the values, structure, process, procedures, and purpose of a legal system. For example, the Civil Rights Act of 1964 was put on the books as a “law” that outlawed forms of discrimination, while the value of equality is promoted in the United States of America’s “Law.” There are different notions of Law. For some, such as human rights advocates, the purpose of Law is to promote and uplift human personality, while for others, such as libertarians, its purpose is to protect individual property rights. In evaluating the little “l” (law) in relation to justice, we ultimately are discussing the big “L” (Law). One can evaluate their agreement with a particular law based upon the larger perspective of Law they uphold. In the United States of American, Law is frequently associated with the norm “equal justice under law,” which emphasizes the value of equality in the legal process, procedures, and structure. #RandolphHarris 1 of 20
Others critique what they see are the current norms and values promoted by the structures of the Untied States’ legal system. The equality norm can be viewed and implemented in different ways. For example, you can treat likes alike, and unlikes unlike, or you can endorse equality of status in which unlikes are valued equally. The current United States’ legal system promotes the former, an understanding of equality that does not adequately address gender inequality. Law, as a concept, can also be understood by juxtaposing it with the other subject material in this essay. In relation to the economy, some argue that the economy and issues such as workers’ right and workplace discrimination. Additionally, although laws can attempt to regulate social relations, they have frequently failed to do so justly. Legal theory must hear and respond the intersecting identities of everyone. Law are an institutional response to certain human behaviour that can be destructive. Some would argue that laws are a reaction to human nature, and that the legal system and its laws must be consistent with the morality of human nature in order to be considered legal. Additionally, laws are used in the governance of many societies and human behaviours. This brings us to the issue of politics. #RandolphHarris 2 of 20
Politics is the process through which societies create laws. However, in the application of law, politics is supposed to be absent. This is why lady justice has a blindfold—she cannot see the disputant and therefore cannot show favoritism. Legal systems require a connection with morality in order to it to be considered truly legal. However, some disagree. They argue that laws are commands, backed by threat of sanctions, from a sovereign, to whom people have a habit of obedience. There, it may seem that laws are not necessarily based in morality, and they can be defined as an expression of the sovereign will, backed by sanctions. Yet, this can make the legal system look like nothing more than a gun person writ large. So, it is debated that the legal system should be viewed as a facilitator, a problem solver. Many see the legal system as one of rules that impose obligations. Some obligations are direct injunctions and requirements (primary rules): drive on the right-hand side of the road; no smoking in classrooms; income taxes due on April 15. Other rules, secondary rules, are about the creation and application of these primary rules: the Treasury Department will collect taxes; the Board of Regents has jurisdiction over classroom safety and health. These rules determine who have the power to make (primary) rules. #RandolphHarris 3 of 20
Jurisprudence is the theory behind law, the philosophy of law. Scholars discuss what law is in analytic jurisprudence, and what it ought to be in normative jurisprudence. There are different schools of thoughts on jurisprudence, such as natural law, legal positivism, legal realism, and critical legal studies: Natural law theories connect morality and law. Natural law, in this school of thought, is different than human-made law. Existing outside any state structure or society, natural law is seen as natural to human beings and thus consistent with human nature. Any law that is not consistent with human nature is not a true law; an unjust law is no law at all. Human nature can be a test of a valid law. However, legal positivists believe that there is not necessarily a connection between morality and law. Law is a practical endeavor that varies over time and space. Legal positivist believe that law is a human construction. Legal realists, on the other hand believe law is a prediction of what the courts will decide. Under this system of thought, law is not a system of rules that the judge mechanically applies; instead the judge makes the law. The rules allow free play and, consequently, other factors (such as class, temperament, excreta) help determine judicial decisions. Legal realists believe that it is the real World practice of law that determines what law is. #RandolphHarris 4 of 20
Critical legal studies, the newest of these schools, began to develop in the 1970s. An early formative statement adopted by the Critical Legal Conference states: “The central focus of the critical legal approach is to explore the manner in which legal doctrine and legal education and the practices of legal institutions work to buttress and support pervasive system of oppressive, inegalitarian relations. Critical theory works to develop radical alternatives, and to explore and debate the role of law in the creation of social, economic and political relations that will advance human emancipation.” This multifaceted field is critical of traditional understandings of law. Scholars in this field argue that legal doctrines are hegemonic. They propose that legal doctrines reflect the ideas of the dominant, most powerful social groups, and so they renationalize and support existing inequality. There are many other ideas about law but the preceding four paradigms are major contributions on which others have built. Let us apply the typology of jurisprudence that we developed above with Plato’s “Crito,” Martin Luther King, Jr.’s “Letter from a Birmingham Jail,” and the work of John Rawls. A reading within this section, Plato’s “Crito” (360 BCE) is a dialogue between Socrates and Socrates’ friend Crito. Socrates awaits his execution after his trial and conviction for impiety and corrupting the youth. #RandolphHarris 5 of 20
Socrates awaits his execution after his trial and conviction for impiety and corrupting the youth. Crito has come to Socrates having prepared to smuggle him out of prison and into exile. Although both agree that the trial and degree of execution were unjust, the two men enter into a dialogue about whether or not Socrates should escape and, therefore, disobey Athenian law. Ultimately, Socrates decides not to attempt escape because of his commitment to Athenian laws, rooted ultimately in his belief that all laws must be obeyed because to do otherwise risks chaos and unhappiness. Socrates believes that human nature, as unwieldy as it is, needs to be controlled bylaws, and thus he supports, and therefore must abide by, the laws in place, whether or not it currently results in just outcomes. Of all the pieces you will read, this argument exemplifies the traditional legal positivism. Martin Luther King, Jr. (1963), on the other hand, argues that sometimes a just person must openly disobey an unjust law. He believes in higher law principles that guarantee, among other things, equality for all humankind in law. For King, an unjust law is one that conflicts with God’s laws; it degrades human personality. A just law can be recognized by its tendency to uplift humans, treating them with respect. King supports civil disobedience to resist unjust laws, but this requires a willingness to accept suffering. King’s position typifies the natural-law approach. #RandolphHarris 6 of 20
Rawls does not accept King’s natural-law criterion for the adequacy of law. Instead, he proposes that we test justice in law via a thought experiment. This thought experiment begins with the “original position,” a room in which individuals enter and communicate. These individuals are cloaked in a “veil of ignorance,” which does not allow them to see their own personal characteristics (such as their race, gender, class, nationality, age, or other distinctions). They are aware, however, of the societal conditions outside the room (such as the existence of poverty and its deleterious impact). Rawls suggests that their ignorance about where they fit in the scheme of things will enable them to come up with just and fair principles about how to treat one another outside this room. Each individual must be aware that, when they leave the room, they may discover that they are in the worst position in society. This will encourage them to agree on a reasonable social safety net that improves the position of the people worst-off in society. In the end, Rawls argues, these individuals will decide upon the following principles: (1) everyone should have equal opportunities and (2) there can be inequality but only when it benefits all individuals. Law, if consistent with these principles, would be considered just. For Rawls, a legal positivist, the only thing one can say about human nature is that it is rational and self-interested. #RandolphHarris 7 of 20
If someone breaks a law and harms someone else, what should happen? Your perspective on humans, jurisprudence, and law will help determine your responses. The utilitarian perspective argues that justice is promoted by pursuing “utility.” Utility is measured by examining the potential “happiness” (+) and unhappiness (id est, “mischief”) (-) created by an act. According to this theory, good laws should increase the total happiness of the community and exclude what subtracts from it. Punishments are mischief; thus, punishment should only if it promises to exclude a greater evil. It is interesting to contrast Bentham’s “greatest good for the greatest number” approach with that of Immanuel Kant (1797/2000). Kant argues for retribution where a wrong occurs. Against utilitarianism, and for a priori principles and not a set of feelings, Kant argues for the principle of equality between the crime and the penalty (like for like, murder for murder). In fact, he argues the famous premise that, even if a society is dissolving, it should still kill the last murderer because, if it did not, the bloodguiltiness would remain with the people. Punishment is more than an abstraction. It occurs every day in the United States, where it is a highly institutionalized, bureaucratic process. #RandolphHarris 8 of 20
We can consider the reality of punishment as in the contemporary United States of America, where it is highly institutionalized, bureaucratic process. We can consider the reality of punishment as it is practiced in the contemporary United States of America, asking under what conditions (if any) it can be considered just or unjust. The development of the prison in Western society were brought into fortition because the acts were once considered punishable when committed against the sovereign (such as a king). Punishment occurred to the body and was a public spectacle (such as hangings, quarterings, and beheadings). Enlightenment thinkers critiqued these methods of punishment and argued for reform. Society changed, as did punishment. Although not promoted by reformers, imprisonment because the preferred method of punishment. The development of prisons occurred alongside other social developments designed to condition individuals to societal norms. Punishable acts became considered as those committed against the public/community and punishment would occur largely behind closed doors, in prisons that focused on correcting the individual and their souls. As opposed to grotesque scenes in public, punishment now functions to condition people to societal norms, not only within the prison, but also within a society. #RandolphHarris 9 of 20
By promoting societal norms amongst each other, we being the punitive procedure to the entire society. Those not adhering to societal norms become delinquents. Consequently, a central theme we have to consider is power. To be able to define the good and the bad is power. Therefore, as punishment occurs to condition individuals to societal norms, punishment is connected with power and prisons are mechanisms of power. We have traced the development of prisons and the relationship with power, now we have to move this discussion to present day. Many people are currently calling on prison reforms and abolition. Prison is an industrial complex that supports ever expanding prison system. The prison industrial complex recognizes the societal, economic, and political conditions that exist and support the use of prisons as punishment. Many are calling for a re-imagining of our system as a whole because people belonging to a lower economic class or are a marginalized group are often hindered in the criminal justice system. For example, they do not usually have the resources that other groups have to afford private legal defense and the acts they are more likely to be charged with (as compared to other acts such as white-collar crime) are punished more harshly. White-collar crime is now synonymous with a full range of fraud committed by businesses and government professionals. #RandolphHarris 10 of 20
White-collar crimes are characterized by deceit, concealment, or violation of trusts and are not dependent on the application of threat of physical force or violence, but can lead to a loss of live(s). The motivation behind these crimes is financial—to obtain or avoid losing money, property, or services or to secure a personal or business advantage. These are not victimless crimes. A single scam can destroy a company, devastate families by wiping out their life savings, or cost investors billions of dollars (or even all three). Today’s fraud schemes are more sophisticated than ever, and the FBI is dedicated to using its skills to track down the culprits and stop scams before they start. Still, many people are critical of the current criminal justice system and punishments. Other critics have suggested alternatives to our system of punishment, such as restorative justice. This alternative to imprisonment concerns itself first with the restoration of the community, the victim, and the perpetrator. Some are advocating for a restorative justice that takes into account indigenous models of justice. For example, this model would support a system focused on identifying and addressing underlying societal issues and social problems, rather than a system which only responds to criminal activity after it has taken place. #RandolphHarris 11 of 20
Each individual analysis offers new problems even to the most experienced analyst. In each individual one finds oneself confronted with difficulties one has never encountered before, with attitudes which are hard to recognize and still harder to explain, with reactions which are far from transparent at first sight. Looking back at the intricacy of the neurotic character structure, and at the many factors involved, this variety is not surprising. Differences in inheritance and in the experiences a person has gone through during one’s life, particularly in one’s childhood, produce a seemingly boundless variation in the construction of the factors involved. However, in spite of all these individual variations the crucial conflicts around which a neurosis grows are practically always the same. In general they are the same conflicts to which the healthy person in our culture is also subject. It is something of a truism to say that it is impossible to distinguish clearly between neurotic and normal, but it may be useful to repeat it once more. Many people, confronted by conflicts and attitudes that they recognize in their own experience, may ask themselves: Am I neurotic or not? The most valid criterion is whether or not the individual feels disabled by one’s conflicts, whether one can face them and deal with them directly. #RandolphHarris 12 of 20
When we have recognized that neurotic persons in our culture are impelled by the same underlying conflicts, and that in a diminished degree the normal person is also subject to them, we are confronted again with the question that was raised at the beginning: what are the conditions in our culture which are responsible for the fact that neuroses center around these particular conflicts I have described, and not others? Dr. Freud has given this problem but limited consideration; the reverse side of this biological orientation is a lack of sociological orientation, and thus he tends to attribute social phenomena primarily to psychic factors and these primarily to biological factors (libido theory). This tendency has led psychoanalytical writers to believe, for example, that wars are caused by the working of the death instinct, that our present economic system is rooted in anal-erotic drives, that the reason the machine age did not start two thousand years ago is to be found in the narcissism of that period. Dr. Freud sees a culture not as the result of a complex social process but primarily as the product of biological drives which are repressed or sublimated, with the result that reaction formations are built up against them. The more complete the suppression of these drives, the higher the cultural development. #RandolphHarris 13 of 20
Since the capacity for sublimation is limited and since the intensive suppression of primitive drives without sublimation may lead to neurosis, the growth of civilization must inevitably imply a growth of neurosis. Neuroses are the price humanity has to pay for cultural development. The implicit theoretical presupposition underlying this train of thought is a belief in the existence of biologically determined human nature, or more precisely, a belief that oral, anal, genial, and aggressive drives exits in all human beings in approximately equal quantities. Variations in character formation from individual to individual, as from culture to culture, are due, then, to the varying intensity of the suppression required, with the additional qualification that this suppression affects the different kinds of drives in varying degrees. Historical and anthropological findings do not confirm such a direct relationship between height of culture and the suppression of pleasures of the flesh or aggressive drives. The error consists primarily in assuming a quantitative instead of a qualitative relation. The relation is not between quantity of culture but between quality of individual conflicts and quality of cultural difficulties. The quantitative factor cannot be disregarded, but it can be evaluated only in the context of the entire structure. #RandolphHarris 14 of 20
In Heaven myriads of myriads of Angels continuously say in loud unison: “Worthy is the Lamb that was slain to receive power of riches and wisdom and might and honour and glory and blessing.” And every created thing which is in Heaven and on the Earth and under the Earth and on the sea, and all thing sin them, I heard saying, “To Him who sits on the throne, and to the Lamb, be blessing and honour and glory and dominion forever and ever,” reports Revelation 5.12-13. Now, this angelic vision is precisely the vision that possesses the thought life of the renovated heart; and you can see how it would grip the whole person and one’s Earthly environment. This is what it is to “hallow” God’s name. It is what we pray for in The Lord’s Prayer. However, sad to say, even our Christian meetings and environments are for the most part far from it. It is my opinion that the Christian conception of God current in these early years of the twenty-first century is so decadent as to be utterly beneath the dignity of the Most High God and actually to constitute for professed believers something amounting to a moral calamity. However, why a moral calamity? Because absolutely nothing can inform, guide, and sustain radical and radiant goodness in the human being other than this true vision of God and the worship based thereon. Only this vision can jerk the twisted condition of humanity right. Nothing straight can be constructed from such warped wood as that which humans are made. And humanly speaking this is true. #RandolphHarris 15 of 20
However, what is impossible with humans is possible with God. “And now there was no more contention in all the land of Zarahemla, among all the people who belonged to king Benjamin, so that King Benjamin has continual peace all the remainder of his days. And it came to pass that he had three sons; and he called their names Mosiah, and Helorum, and Helaman. And he caused that they should be taught in all the language of his fathers, that thereby they might become humans of understanding; and that they might know concerning the prophecies which had been spoken by the mouths of their fathers, which were delivered them by the hand of the Lord. And he also taught hem concerning the records which were engraven on the plates of brass, saying: My sons, I would that ye should remember that were it not for these plates, which contain these records and these commandments, we must have suffered in ignorance, even at this present time, not knowing the mysteries of God. For it were not possible that our father, Lehi, could have remembered all these things, to have taught them to his children, except it were for the help of these plates; for he having been taught in the language of the Egyptians therefore he could read these engravings, and teach them to his children, and so fulfilling the commandments of God, even down to this present time. #RandolphHarris 16 of 20
“I say unto you, my sons, were it not for these things, which have been kept and preserved by the hand of God, that we might read and understand of his mysteries, and have his commandments always before our eyes, that even our father would have dwindled in unbelief, and we should have been like unto our brethren, the Lamanites, who know nothing concerning these things, or even do not believe them when they are taught them, because of the traditions of their fathers, which are not correct. O my sons, I would that ye should remember that these sayings are true, and also that these records are true. And behold, also the plates of Nephi, which contain the records and the sayings of our fathers from the time they left Jerusalem until now, and they are true; and we can know of their surety because we have them before our eyes. And now, my sons, I would that ye should remember to search them diligently, that ye may profit thereby; and I would that ye should keep the commandments of God, that ye may prosper in the land according to the promises which the Lord made unto our fathers. And many more things did king Benjamin had made an end of teaching his sons, that he waxed old, and he saw that he must very soon go the way of all the Earth; therefore, he thought I expedient that he should confer the kingdom upon one of his sons. #RandolphHarris 17 of 20
“Therefore, he had Mosiah brought before him; and these are the words which he spake unto him, saying: My son, I would that ye should make a proclamation throughout all this land among all this people, or the people of Zarahemla, and the people of Mosiah who dwell in the land, that thereby they may be gathered together; for on the morrow I shall proclaim unto this y people out of mine own mouth that thou art a king and a ruler over this people, whom the Lord our God hath given us. And moreover, I shall give this people a name, that thereby they may be distinguished above all the people which the Lord God hath brought out of the land of Jerusalem; and this I do because they have been a diligent people in keeping the commandments of the Lord. And I give unto them a name that never shall be blotted out, except it be though transgression. Yes, and moreover I say unto you, that if this highly favoured people of the Lord should fall into transgression, and become a wicked and an adulterous people, that the Lord will deliver them up, that thereby they become weak like unto their brethren; and he will no more preserve them by his matchless and marvelous power, as he has hitherto preserved our fathers. For I say unto you, that if he had not extended his arm in the preservation of our fathers they must have fallen into the hands of the Lamanites, and become victims of their hatred. #RandolphHarris 18 of 20
“And it came to pass that after king Benjamin had made an end of these sayings to his son, that he gave him charge concerning all the affairs of the kingdom. And moreover, he also gave him charge concerning the records which were engraven on the plates of brass; and also the plates of Nephi; and also, the sword of Laban, and the ball or director, which le our fathers through the wilderness which was prepared by the hand of the Lord that thereby they might be led, everyone according to the heed and diligence which they gave unto him. Therefore, as they were unfaithful they did not prosper nor progress in their journey, but were driven back, and incurred the displeasure of God upon them in remembrance of their duty. And now, it came to pass that Mosiah went and did as his father had commanded him, and proclaimed unto all the people who were in the land of Zarahemla that thereby they might gather themselves together, to go up to the temple to hear the words which his father should speak unto them,” Mosiah 1.1-17. Please Hear, O Lord, our prayers, that they Holy Communion of our redemption ma both bestow on us assistance for this life, and procure for us everlastings joys; through Jesus Christ our Lord. #RandolphHarris 19 of 20
Sovereign God, Thy cause, not my own, engages my heart, and I appeal to Thee with greatest freedom to set up Thy kingdom in every place where Satan reigns; please glorify Thyself and I shall rejoice, for to bring honour to Thy name is my sole desire. I adore Thee that Thou art God, and long that others should know it, feel it, and rejoice in it. O that all humans might love and praise Thee, that Thou mightiest have all glory from the intelligent World! Let sinners be brought to Thee for Thy dear name! To the eye of reason everything respecting the conversation of others is as dark as midnight, but Thou canst accomplish great things; the cause is thine, and it is to Thy glory that humans should be saved. Lord, please use me as Thou wilt, do with me what Thou wilt; but, O, promote Thy cause, let Thy kingdom come, let Thy blessed interest be advanced in this World! O do Thou bring in great numbers to Jesus! Let me see that glorious day, and give me to grasp for multitudes of souls; let me be willing to die to that end; and while I live let me labour for Thee to the utmost of my strength, spending time profitably in this work, both in health and in weakness. It is Thy cause and kingdom I long for, not my own. O, answer Thou my request! #RandolphHarris 20 of 20
Is that a Monet? No, wait, that’s just your gorgeous backyard on display thanks to the extra-large windows in your dining room. Who needs a statement piece when your landscaping can speak for itself. 🤩 // #MillsStation Residence 2
Being strengthened with the gift of our redemption, we beseech Thee, O Lord, that true faith may ever make it a help towards our everlasting salvation; through Jesus Christ our Lord.
Mathematics possess not only the truth, but supreme beauty–a beauty cold and austere, like that of a sculpture. https://cresleigh.com/mills-station/residence-2/
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