Argument and Program for Certainty in Law

Argument and Program for Certainty in Law

By James Constant

Smashwords Edition

Copyright © 1993,2013 by James Constant

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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,