We are eyewitnesses to the escalation of judicial tyranny in America, and the reckless politicization and socialization of western law.
Heretofore, the fundamental precepts required for the rule of law were those bedrock values associated with America’s widespread cultural acceptance of rudimentary Judeo-Christian culture, reinforced by a widely held personal and social contract to the precepts of holy writ.
The social contract that tied up law and the courts were the values stemming from Nature and Nature’s God. One’s individual virtue and collective virtue of our society were based on principles that formed the bedrock of our judicial system. Our judicial heritage, social order and crime and punishment are all codified in the tablets secured by Moses on Sanai.
Indeed, inculcation of America’s value system was a keystone to public education and unarguably the earliest institutions of higher learning, all of which were originally founded and maintained under a sense of the importance of adherence to religious values passed down by family, church, synagogue and yes, even the courts.
Societal reliance upon certain non-negotiable absolutes was a historically stabilizing force for continuity within Aristotle’s civil society, which he called, κοινωνία πολιτική “political fellowship.”
This is the precept for the Tocqueville idea of a civil society, one finding harmony, stability, and reliability from its long-standing values reflected not just in the courts but in its trusted institutions.
Skipping ahead along the timeline of history, the evolution of secular American society, fueled by individualism and class distinctions, has now accelerated our move toward the politicization and socialization of law. Indeed the application of legislative enactments is viewed and interpreted through the lens of populism.
We now told all values are equal. In this, the early years of the 21st century, each person or collection of persons (a class) may now elect to formulate those precepts deemed important in the flow of the moment and the general society must then, by exerted coercion, recognize these “new” values as co-equal with and suitable to all other values in the prevailing general culture.
Long ago, this was the case with Israel. “In those days Israel had no king; everyone did as they saw fit” (NIV: Judges 17:6). The king was the symbol of law, stability, and social continuity. Without this core, the social fabric decayed and into this vacuum, each person inserted their own contrived life code.
Courts are made up of a collection of mere men (anthropologically speaking) and as such, they are subject to the powerful sway and temptation of their own roots, ideals, values and experiences, including compelling arguments for contemporary mores.
Judicial interpretation, absent a king (stabilizing value), is judicial tyranny. This is where America now finds itself. Every judge is now doing what is right in his own eyes. Our contemporary courts have been politicized in ways matching the social demands of the various clans created by centralized, all controlling government.
Continuity of law is threatened by secular courts. Humanism is replacing the Judeo-Christian foundations. Judicial tyranny is close at hand. Values are fragmented and a social law has ascended to the bench as the contemporary judge of all things. We are witnessing the fragmentation of legal theory, doctrine, precedent, and constitutional checks and balances.
My question is simply this: Can society remain intact indefinitely amidst a judicial culture driven by evolutionary and fragmented values?
Are we unmoored from our traditional values, adrift on the sea of judicial compromise? I believe so.
Think on this.