THE JURISPRUDENTIA CLUB
legislate against our natural inclinations. Being born individual is the original sin, for the individual would satisfy its will to live forever without impedance if only it could, but it cannot. The individual rebels in vain against the very collective that it needs for self- preservation. Forged by resistance to its will, the individual human becomes a social person. The god within the individual wants total freedom even unto self-destruction; but the far more powerful society needs individuals; thus Jacob fought with god and became Israel. American settlers protested against the arcane common law principles of the judicial priesthood. They wanted their laws written simply in stone, but they cannot get rid of the common law for its essence is hidden in their hearts. Once positive laws are written down, every effort to wiggle out them is made: A relevant statute is read. Written briefs are filed, and oral arguments are duly recorded. Judgments are made, to be upheld or overturned. Precedents are established and recorded to be duly pondered upon; their applicability to other cases is subjected to further argument. The death penalty was legislated in the United States for capital crimes, and then lawyers deliberately made it difficult to execute the offenders after they were convicted. Perhaps after the death penalty is abolished in all the states because it is deemed uncivilized, the history books will deny it every existed after two thousand years have passed, except as a threat, as some Jewish teachers have claimed of their history of capital punishment. Christians may defame the Pharisees unto Doomsday, but we should confess that, without the Pharisees, there would be no Christianity. Our law is the 'living law
‟ of the Pharisees
who believed in resurrection and eternal life: a criminal has every chance to be forgiven and saved. Our law is not the 'dead letter' law of the Sadducees who did not believe in salvation, not even in an afterlife, but rather thought that the individual is free to break the law and to be punished exactly as prescribed, without possibility of pardon or parole. Whatever is written down as law in our 'free' country is a fulcrum for perpetual controversy. We have our Sadducean torah, but the lawyers are standing by with the Pharisaic torah, and they may not only stretch the law but go so far as to claim their interpretation of the written law and their principles contradicting the statutes are superior to the recorded law. Given the political power of the Pharisees, the Sadducees recognized the living law, but they do not consider it as binding, hence the controversy continues ad infinitum. The foremost legal fulcrum for the United States is its Constitution, mistakenly said by
some scholars to be the “ground” of the law
. The writing itself is superfluous because it is based on the sense of justice; the Greeks had Zeus declare that any adult without that sense of justice should be put to death or banished. Once things are written down, people tend to forget them. We should have a copy in our pocket just in case our memory fails us. It would behoove everyone to memorize the Constitution, the logical elaboration of our sense of justice. Few people today can remember even five of the Ten Commandments in right order; for instance many people do not know the commandment proscribing murder is in the bottom half of the list.