Another piece of the Obama mindset clicks into place.
[Obama]... is a follower of Jeremy Bentham who said the purpose of law is to achieve the greatest good for the greatest number. Good is defined as pleasure. In law that view has been inculcated by Hans Kelsen [1881-1973] who exerted a tremendous influence on American law in the same way that John Dewey (who lived at the same time) gave us relativism in philosophy and education. Kelsen, born in Austria, author of his country’s constitution between the two world wars, rejected the possibility of natural law and as a renowned professor at Columbia denied the “metaphysical view that there is an absolute reality, i.e. a reality that exists independently of human knowledge.” He adopted philosophical relativism which he described as the “empirical doctrine that really exists only within human knowledge and that, as the object of knowledge, reality is relative to the knowing subject.” The Nazi rule of law came from Kelsen despite his best intentions. When we remove absolutes, remove natural law, you substitute human convenience for law
Denial of nature has its consequences, eh?
Philosophical relativism, taught Kelsen, which has become an accepted part of contemporary legal studies (so accepted that it is granted without attribution), teaches that “what is right today may be wrong tomorrow.” He stated, “the minority must have full opportunity of becoming the majority. Only if it is not possible to decide in an absolute way what is right and what is wrong is it advisable to discuss the issue and after discussion submit to a compromise.” The problem, of course, is that when the majority is in control of the political process decide to oppress the minority there is neither moral nor legal recourse. We are seeing this now even before the campaign is over...
So what is yours today (like that 401(k)) might NOT be yours tomorrow, you repressive ass.
...under this nihilistic Kensen legal philosophy the legislator decides what law will be useful and in accord with the basic norm as determined by himself. There is no higher law of nature or of God and the ultimate criterion is force
That 'nihilistic legal philosophy' has also been called "legal postivisim" on this blog. You can look it up--it's the single worst fault of attorneys who become legislators and judges.
Jeremy Bentham [said] man’s “only object is to seek pleasure and to shun pain…Evil is pain or the cause of pain. Good is pleasure or the cause of pleasure.”
And the O-and-Savior intends to eliminate pain, legally.
For some folks, anyway.
HT: "Cass" Roeser
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