Rome made global history when it wrote down its laws and posted these laws in a manner that told everyone that the law was the highest order in the land, and everyone is held to the same legal standard. Writing down laws was nothing new in societies; the Jews had written and codified their laws long before Rome, but to hold everyone accountable to the same legal standard set Rome apart and blessed their land. Why did Rome eventually fall; they stopped holding everyone responsible to one rule of law.
What is the Role of Law?
Ask a lawyer this question, and you will get a similar answer to the following:
“Laws provide a framework and rules to help resolve disputes between individuals. Laws create a system where individuals can bring their disputes before an impartial fact-finder, such as a judge or jury.”
Frankly, my experience with lawyers is as productive as my relationship with the VA, hostile and not productive. Hence, I infer that the law’s role in society is to bring order to a social environment, produce equality under the law, and punish those who decide to break the law. Law is an expectation, a social contract, that restricts and constricts behavior to a socially acceptable level.
Consider today’s tragic events in Boulder, Colorado. Before the blood was even clean at the scene, we have the President and selected hysterical gun-grabbing politicians making hay and demanding “gun reform.” Except, “Gun Reform” always means stealing guns from legal owners and doing nothing about illegal gun holders. Nothing is being urged to avoid and eliminate criminal behaviors with a firearm. The Rule of Law’s role only applies to those who choose to live according to society’s laws and rules. Those choosing to live outside society’s rules are terrorists and need to be treated as such!
President Lincoln is quoted thus:
“Let every American, every lover of Liberty, every well wisher to his posterity, swear by the blood of the Revolution, never to violate in the least particular, the laws of the country; and never to tolerate their abuse by others. As the Patriots of seventy-six did to the support of the Declaration of Independence, so to the support of the Constitution and Laws, let every American pledge his life, his property, and his sacred honor; let every man remember that to violate the law, is to trample on the blood of his father, and to tear [down] the character of his own, and his children’s Liberty. Let reverence for the [Constitutional] laws [of America]… become the political religion of the nation.” President Lincoln is quoted thus: “Let every American, every lover of Liberty, every well wisher to his posterity, swear by the blood of the Revolution, never to violate in the least particular, the laws of the country; and never to tolerate their abuse by others. As the Patriots of seventy-six did to the support of the Declaration of Independence, so to the support of the Constitution and Laws, let every American pledge his life, his property, and his sacred honor; let every man remember that to violate the law, is to trample on the blood of his father, and to tear [down] the character of his own, and his children’s Liberty. Let reverence for the [Constitutional] laws [of America]… become the political religion of the nation.”
President Lincoln continued to proclaim:
“When I so pressingly urge a strict observance of all the laws, let me not be understood as saying there are no bad laws, nor that grievances may not arise, for the redress of which, no legal provisions have been made, I mean to say no such thing. But I do mean to say, that, although bad laws, if they exist, should be repealed as soon as possible, still while they continue in force, for the sake of example, they should be religiously observed.” The Collected Works of Abraham Lincoln edited by Roy P. Basler, Volume I, “Address Before the Young Men’s Lyceum of Springfield, Illinois” (January 27, 1838), p. 112.
Does President Lincoln’s plea inspire you, encourage you, and provide direction for improving the government moving forward? The role of the “Rule of Law” is to empower and motivate people, to create order in a society, and to constrict and restrict behaviors for those choosing to live outside societal norms and acceptable behaviors. Is the role of the “Rule of Law” clear?
What is the “Rule of Law?”
As President Lincoln was quoted above, the “Rule of Law” in America is:
“[The] support of the Declaration of Independence, the support of the Constitution and Laws, let every American pledge his life, his property, and his sacred honor; let every man remember that to violate the law, is to trample on the blood of his father, and to tear [down] the character of his own, and his children’s Liberty. Let reverence for the [Constitutional] laws [of America] … become the political religion of the nation.”
Are laws currently abusing America; absolutely! Herein is the charge to action; the government has chosen to declare you are the US Government’s property (Reich, 1964). Charles Reich’s discussion on “New Property” is unacceptable and unconstitutional in the extreme. The lack of treating the western states in a constitutional manner is also unconstitutional. The theft of farmer’s goods, fisherman’s wares, and ranchers’ products remain 100% unconstitutional. Yet, the bureaucrats’ actions and the politicians continue to treat you and me as unwanted property in our own country.
Like Rome, the legislators and the President are not above the “Rule of Law.” Even though these people continue to consider themselves above the “Rule of Law.” Worse, no matter how many laws a country produces, if the society is immoral, the “Rule of Law” is a joke. Consider the knife and machete attacks in the United Kingdom, outlaw guns, and people are still finding ways and means to hurt other people. France has stringent laws, yet people rent vehicles and mow their neighbors down in case lots. Japan, very orderly society; how do criminals make the news there; they use chemicals to poison their neighbors on a subway. Laws do not dictate moral behavior, ever!
Laws can only, ever, restrict and constrain those amenable to living a moral life. A “Liberty FIRST Culture” understands this principle and protects itself accordingly. Bringing this topic to a subject closely related to the “Rule of Law,” morals, morality, and moral living are all products of people amenable to religious belief structures. Those people who desire to maintain connections to a religious society act their ideology through living a moral life.
I am not saying everyone needs to change religions; I am claiming that religion plays a significant role in reducing people’s animal minds to become amenable to living in a social order that respects the law and being ruled by law to enjoy maximum freedom. We also need to be clear, atheism is a religion per Webster, and while this is a topic for another article, religion is a codified belief system with adherents that form a social order based upon expectations of behavior. Liberty and freedom require choices; choices require more than a single option or two for a person to make more; Liberty and freedom require written and codified moral statements that grow from living a moral lifestyle.
© 2021 M. Dave Salisbury
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