Proposals for a Nation gone off--Judicial system

Judicial system

Considerations about the judicial system and the anxious concern it gives the citizenry in our times is not a negligible phenomena.   Just as fish rot from the head and humans from the bowels, societies rot from their courts.  That rot will always be manifested as political interest in opposition to a court's true obligation towards disinterested justice.

The motivating force behind today’s judicial abrogation of self government at its basis is a moral rather than judicial phenomenon, one where the judges and their allies seek to impose one moral order upon the nation rather than allow morality, as the word implies at its root, to develop from custom and the lived life, the mores of a people.  This judicial approach has strengthened in the wake of World War II for several reasons, one being the distortion of the courts role thanks to the New Deal (let it be noted for irony:  the current arrogance was born out of their sovereign cowardice to maintain the sanctity of private contracts in the face of bullying from a greater power, not from the steely reserve to maintain right).  

Also the court has descended into the rhetorical demonization of the populace for evils intertwined not with conscious decisions made by our democracy but with aspects of life preexistent* to the founding of the country and just as much the result of the social class judges spring from as from anybody else.  Yet the people are to be made illegitimate by these things not judges:  a self-interested analysis.  We spy in this a breakdown of the natural-going egalitarianism that has been present throughout our nation.  To see the monster not an equal in the other.  

We can encapsulate this movement in what has become the common public justification for social engineering:  to prevent a holocaust.  And yet, even though all would agree that holocaustic actions are immoral, the command itself, ”thou shalt not commit holocaust,” is itself an immoral imperative in that it reduces the other to the level of an animal.  It sees in the other not a fellow human being but the potential psychotic monster.  A World Historical Monster.  In fact, the split that leads to the willful dehumanization of the other associated in genocide has already taken place in the injunction not to commit it.  To leave the simple human level of “thou shall not murder (singular)” is likely counterproductive since it will give every reason to cultivate counter insinuations.  Better to trust your fellow man and live free than chain him by your fears and mar his humanity to prevent one great evil.

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* Slavery after all is not the country’s original sin -- it preexisted the country.  It is not original to it.  If anything, the fall from the Founding Eden occurred with the development of the party-machine -- again, something many judges are beholden to.