Professional Documents
Culture Documents
By
Introduction
TABLE OF CONTENTS
1
7 Critical Thomism and Economics 24
2
23 The Bible and Natural Law 78
3
Chapter 1
By Anthony J. Fejfar
for a concept to be valid, it must at least allow for its’ own existence.
Ockham’s Razor does not allow for its’ own existence because it excludes
for example, if it is possible to argue for or prove or even theorize the origin
preferred.
4
intellectual people generally prefer more complex explanations of
explanation.
Now, let us assume the role of a judge who must determine which
at the arguments from a more critical point of view, it is clear that there is no
irrational, assumption.
5
Chapter 2
By Anthony J. Fejfar
in some sense.
concepts or quiddities such as being, form, logos, and substance are thought
places duration within time, although it must be stated that duration does not
6
Perhaps we can better understand duration by considering some
Native American says that he will be at a certain place at a certain time, this
that he will be there first thing in the morning, he might show up at ten
o’clock, rather than eight o’clock. I am not saying this as a criticism. Nor
am I saying that all Native Americans who have been acculturated into
“western” linear time necessarily function this way. But, some Native
alinear way.
Farm time” was very different that the “school time” that I was accustomed
to during the school year. Similarly, for some people, it is possible that they
7
of vacation where you do not have to keep a schedule, vacation time is
locality, the shortest distance between two points is not necessarily a linear
straight line.
will be experienced differently. Perhaps this accounts for the fact that some
some athletes say that time can slow down so that it is easier to play a sport
slow down in a way that makes it easier for the ball to be hit.
8
The point I wish to make is that if one can experience “moment
Bibliography
9
Chapter 3
By
Anthony J. Fejfar
was a good class. There was this cute little blond from the Kansas side,
who drove this cute little sports car, who sat right behind me. I didn’t get
anywhere with the cute little blond, who by the way was Protestant, but I did
get somewhere with the class. Father Carl Dehne, S.J., taught us about
we basically taught, at least to some extent, that although Faith may make us
The toughest thing for me was the discussion of the gospel of Luke.
Father Dehne told us about the “infancy narrative” which was found only in
10
Luke. Matthew refers briefly to the birth of Jesus in Bethlehem, of Judea,
and Matthew also refers to the three wise men or magi. Neither the gospels
of Mark, nor John, refer to the birth of Jesus. Now, why do I point this out?
Well, the implication of the whole thing, whether explicit or not, was that
there was really no virgin birth, nor flight to Egypt, etc., etc., etc. In other
word no Christmas.
bit of a quandry. Was Christmas really real? Did the miracles in the Bible
really take place, or was it all hyperbole? Was there a virgin birth or was
Midnight Mass, and I was almost convinced that the miracles were
true,...somehow, someway. Then, I sat up late, like I usually did, and stared
into the Christmas lights on the Christmas tree, and the homemade cretch
scene, with Jesus in the manger with the three wise men, and Mary, Joseph,
the shepherds, and the sheep, and meditated. Then somehow I knew that it
was ture, intuitively. I had not lost my Faith with the Jesuits, but had
strengthened it, somehow. I knew the miracles were true, I knew Christmas
was real.
11
issue. Was there a virgin birth of Jesus? Did Moses really part the Red Sea
to allow the Hebrews to escape from the Egyptians? Did Daniel really
survive in the lion’s den? Did Jesus really heal blind and lame people? Did
Jesus really raise Lazarus from the dead? Did Jesus really rise from the dead
after his crucifixtion? Well, Faith told me yes, and even more, Intuition told
me yes, but what about modern science? What does science have to say?
that at a subatomic level all of material reality is supported not by atoms, but
12
meaning, or prayer, can change subatomic particles non-locally at a distance.
distance, then it is certainly possible that atoms and molecules, and even
change.
amounts of water, and healing the blind and the lame. The foregoing is
confirmed by the fact that modern scientific prayer studies show that prayer
patients. Quantum particles, called quanta, and the Quantum Field that they
reality is not atomic separateness, but instead the Quantum Field, masking
Thus, miracles are not only scientifically possible, but probable. Not
only are the modern “scientific” miracles of the microwave oven, the
television, the computer, the gameboy, the playstation, the dvd player made
possible with Quantum Physics, so too are the “scientific” miracles of the
virgin birth of Jesus, Jesus healing the blind and the lame, the parting of the
13
Bibliography
14
Chapter 4
By
Anthony J. Fejfar
However, there is at least one exception to this. The Code of Canon Law,
following Divine Law and Natural Law, has a provision which parallels
Epikeia is used where: “(a) the strict interpretation of the law would
15
wish the law to be strictly applied.
Let us take, then, this example. Suppose that a person was stranded on a
desert island with some food and drink, including a box of soda crackers and
a bottle of grape juice. While Canon Law would ordinarily prohibit the use
of grape juice for the eucharist, and while Canon Law ordinarily requires
the lay person would be permitted to say Mass, as a priest, with the materials
available. The lay person would be entitled under Natural Law, Divine Law,
and Canon Law, to make an exception to the ordinary Canon Law rule so
that the lay person would not be denied the sacrament of the Mass and
eucharist.
which canon law is to be tempered, so that the text may be prudently, even
promote Divine Law and Natural Law in the interests of justice. Thus, a
priest could interpret canon law in a particular situation to allow, the one
hour fast before mass rule, to be relaxed for a person who has just gotten of
16
the night shift and needs to eat a snack before Mass.
Bibliography
17
Chapter 5
By Anthony J. Fejfar
beings, is bound by the law of cause and effect. In the west, we sometimes
similar idea. The general idea is that every action that a person undertakes
In the Bible, there is a quotation which says, “As you sow, so you shall
reap.” What this means is that the actions you perform reflect back upon
you. So, if you treat others unjustly, you will be treated unjustly. If you
harm others, you will be harmed. If you help others, you will be helped. If
you love others, you will be loved. If you hate others, you will be hated.
The Bible also says, “Judge not, lest you shall be judged.” What this
18
means is that as you judge, so you shall be judged. The standard you set for
others is the standard that will be applied to you. This is why hypocrisy
is a serious sin. If you set artificially high standards for others, so you will
Karma. Thus, prayer and Divine Intervention by Christ can cancel out
Karma. But, even so, there is still a price. Jesus demands that we love and
help others. As Jesus says in the Bible, “Love one another as I have loved
you.” Additionally, “You shall love the Lord your God with all your heart,
all your soul, and all your strength, and your neighbor as yourself.”
When a person finds love in Christ hae1 receives the Grace in Christ to
love and help others. One’s Karma becomes Karma in Christ where one
pledges to live a simple life in the service of others, letting one’s Holy Spirit
Self flow through. The person is happy to live a life helping others,
the Karma of Christ, especially, since Christ was penured, or crucified, once
1
“Hae,” is the neuter pronoun that I have developed. “Hae” is used here rather
to help others.
person lives a life of hate, then Karma will place that person in Hell, either
and hate, then Karma will place that person in Purgatory, either now, or
later. If a person lives a life of love and helping others, then Karma will
Bibliography
20
Chapter 6
By Anthony J. Fejfar
sense preceeds reason. Meaning is the “light” which enables us to see the
forest and the tree. Without meaning we would simply have a jumbled up
through which we not only interpret reality, but in some sense construct
reality.
that we know must in some sense be meant, and since meaning is seen as
21
This is the hermeneutic circle.
Critical Thomism takes the position that knowledge comes from a three part
vantage point can be found using judgment and reflection which leads one
of judgment and reflection, that which is know is that what is judged and
analytically.
22
prejudices” or an “enabling horizon.”This is Gadamer’s attempt to avoid
suggest that something like the Immutable Platonic Forms act as objective
Bibliography
T. Bastick, Intuition
23
Chapter 7
By
Anthony J. Fejfar
S x SC x SP x SPR x E x SCM x V
= D x BP x E x BCM x V
= EQ
Put in longer form the equation reads: Supply x Supply Cost x Supply
Equalibrium.
24
Supply Cost means the cost of the good to be sold incurred by the seller.
Sale Price means the Price demanded by the seller. Supply Profit means the
amount of money realized over costs as profit for the seller. Supply cost of
money means the cost and availability of money to the seller. Externalities
Value means the value that is placed upon the sale of the commodities, as
value.
Demand means the amount of the commodity wanted by the buyer for
purchase. Buy Price means the Price demanded by the buyer. Buyer Cost
the commodities. Finally, Value means the value that is placed upon the
wholesaler and a hardware store that can sell lawnmowers. Let us imagine
that the Seller starts out with ten lawmowers potentially for sale at a price of
$100 per mower. Let us suppose that the supply cost per mower is $70 per
mower. Let us also assume that the Supply Profit desired is 10%. The
25
Seller places a high Value on the supply and use of lawnmowers. Given
this situation it is quite possible that a deal will be made at the equalibrium
is changed then the equalibrium price will change. If for example, the
Buyer, or society in general place a relatively low Value on the supply and
$90.
The point I wish to make is that Value comes into play in every
26
Chapter 8
By
Anthony J. Fejfar
else.
even reactionary, in a negative way, is, however, false. First of all, classical
philosophy is based upon the idea that reality is structured by material forms,
27
respectively, themeselves, material forms, substantial forms, or even
forms” which exist and operate in the “Quantum Field,” and thus, can be
Now, it can be argued that the forms are infinite in number, and that the
God who is Incomprehensible to us, in all His Perfection, in His Mind, has
idea, or even movement comes into our society, it is argued that such new
forms are really “Quantum Forms” which can be “added to but not
that there is room for new forms, new concepts, new relationships, new
28
society will never happen unless Liberation of the individual mind also takes
place.
29
Chapter 9
By Anthony J. Fejfar
Form is a metaphysical quiddity which forms the basis for the Immutable
important than the “ordinary” forms, and that is Creative Form or Logos.
While the Immutable Platonic Forms are that, that is, precisely
responsible for making “changes” in the “World of the Forms.” It has been
said of the Forms that they can be “added to but not subtracted from,
is responsible for adding to but not subtracting from the Forms, rearranging
them but not changing them. This provides a certain amount of creative
30
Word, as Logos. Thus, a secondary argument can be made that Jesus
the Gospel of John, is also the Creative Form or Creative Word, or Logos,
who gives us the Forms found in the World of the Forms in the first place.
subtracting from the Forms, rearranging but not changing them.” This is
very powerful position to be held by Jesus Christ, and shows us that our
God is one who is Creative Form, Who is both creative and structuring at
31
Chapter 10
By
Anthony J. Fejfar
way the balance is found for concern for the other, as well as for the self.
The “Responsible Self,” is the Jungian Self of the Holy Spirit. It is the
Holy Spirit within our hearts and minds that helps us to be responsible. To
start, one must begin first with the Self that is you. You have a
means starting with the Natural Law Ethical principles of: “Reciprocity,
32
you would wish to be treated in similar circumstances. Many of us learned
this in grade school from our Mother. Mom, who, after seeing Billy hit
his sister Sally, said to Billy, “Now, Billy, how would you like it if your
sister Sally hit you. You know you wouldn’t like that, so, you shouldn’t do
it to her.”
particular actions fits within some scale of values. Is there really value in
Nothing of value is really gained, rather only the negativity of pain and
suffering is produced.
upon need. In the case of Billy, and Sally, it can be argued that Billy should
the special need of being a child and thus is not considered fully responsible
33
for his actions.
Bibliography
34
Chapter 11
By Anthony J. Fejfar
1. Plaintiff’s Argument
2. Defendant’s Counter-argument
35
3. Judgment of the Court or Conclusion
the Landlord, and asks that the faucet be fixed. The Landlord refuses.
Tenant then has a plumber come in and has the faucet fixed at a cost of
$100. Tenant then deducts the $100 cost of repair from the $200 per month
rent that is owed, paying only a rent of $100 for that month. The Tenant
argues that the reduced rent is appropriate because the Tenant has a right to
Habitability which requires that the Landlord provide leased premises which
are safe, sanitary, and habitable. Landlord argues that a leaking faucet does
habitable.
habitability violation
36
Chapter 12
By
Anthony J. Fejfar
feeling in one’s mind or heart. How is it that some people are spiritual and
others are not? It really is a matter of accepting the Spirit at some point in
your heart. If you accept the Spirit in your heart, then you feel spiritual.
You must make a conscious decision to accept the Spirit. Don Juan de
your heart and mind, the spirit start to work with you. The Spirit is so
important that Jesus said that only unforgivable sin in the sin against the
37
develop what Depth Psychologist, Carl Jung, describes as the Self. The Self
is the Spirit in you, and is contrasted with the persona or the ego, which is a
more superficial way of being which lacks spiritual depth. Saint Paul, in his
letter to the Ephesians, explicitly prays for his readers that they may “be
Ephesians, Chapter 3, verse 16, New American Bible. Thus, the real me,
the true self, the inner self, that is really me, is in fact the Spirit in me. And,
ego identity. The Self flows, the Self is, while the ego is merely a puffed up
Should one do away with the ego? Some Buddists would say we
should not only do away with the ego, but also the Self. This is wrong.
The self should never be rejected, and, the ego should be transformed into a
38
be reasonable, be responsible, be loving. (See, generally, Bernard Lonergan,
Method in Theology).
39
Chapter 13
By
Anthony J. Fejfar
us by coming down off the Cross in a Liberating Action. The Human Jesus
refuses to die on the Cross, but instead comes down from the Cross to lead
liberation theologians are Gustavo Gutierrez and Juan Segundo, perhaps the
most influential Liberation Theologian is Pedro Arrupe, who led the Jesuit
40
Liberation is the key of Liberation Theology. What is Liberation?
7. Liberative Law
41
order to Liberate, we must each then understand what is going on. In order
to Liberate, we must then each know what is going on, through judgment
and reflection. Finally, to really act to Liberate we must love. In the final
analysis love Liberates. Love is Liberation, more than anything else. Love
Act of Understanding. Being is the basis for the Incomprehensible God the
Father. Being is the basis for much of our Intuition of Reality. Logos is
is the basis for The Word which is the Son of God, Jesus Christ. Finally,
42
individually, and socially. There are four basic Natural Law Ethical
Principles:
1. Reciprocity
2. Utility
3. Proportionality
4. Equity
equality before the law. Finally, Equity means that Equity makes an
equitable exception from a general rule based upon need. Need is based
critique unjust social structures. Rules which are wrong in the face of
43
experience, are impractical and unjust. Rules which are obtuse or irrational
violate substantive due process, and are unjust. Rule which are unwise in
Rules which lack love as their basis, and rather are based upon hate, are
are unjust. Rules which are Unethical are unjust. So, too, rules which do
Action. Liberation requires social and political action. In order for just
laws to be enacted in the first place, social and political action is required.
In order for unjust laws to be repealed, social and political action is required.
In order for just laws to be enforced, social and political action is required.
Just because a just law is on the books, does not necessarily mean that it will
social rules must be taught in school and at home. Society must reward
those who engage in Liberatory consciousness and action, and society must
44
sanction those who oppose Liberatory consciousness and action. This is
the natural societal function. Thus children are taught not to steal as a
moral rule long before they are taught this as a legal rule.
just, or near just society, such as we have in the United States, only
Liberated. Even lay persons are required to stay informed and involved in
Bibliography
45
Fejfar, Jurisprudence for a New Age
Lonergan, Insight
46
Chapter 14
By
Anthony J. Fejfar
Most people think that law doesn’t have much to do with love, and I
have to admit that in teaching law for over ten years, I don’t recall ever
saying in class that law has anything to do with love. But, upon reflection, I
Justice? How is law to be applied? In the end there are, I suppose, three
options. Law can be applied using love, or hate, or some sort of antiseptic
neutrality. Let’s start with hate. It law is based upon hate then all law is
criminal sentences are handed out, and, there is no guarantee at all that a
civil litigant will have hae2 day in court. Hatred is irrational. Hatred
breaks up things and rends them asunder. Justice is supposed to bind the
2
“Hae” is the neuter pronoun, used here rather than “his” or “her.”
47
The second option is love. While this may seem unlikely as a basis
for applying law, I think that it works. Love heals, love brings people
together, love is the basis for compassion. How then, can love dole out
love is intelligent. Love may seem to be irrational, but it is not. Love is the
cause and effect, which says as a matter of Natural Law, we are responsible
for our actions. While love forgives, loves still asks, even demands that we
serve others. Love sees public service as the “punishment” for a crime, not
neutrality in law is really not possible. Either, ultimately, one loves or one
it is my view that those who espouse some sort of antiseptic neutrality are
48
Chapter 15
By Anthony J. Fejfar
The Law, in the person of the Legislature, uses statistical studies all
can be used to prove its’ validity. A statistical analysis uses what is known
while other data is excluded as insignificant. If the data falls within the
range of the standard deviation used, then that data is considered significant
or valid.
valid. What this means is that any actual, factual answer which falls within
49
the range of 10 (plus or minus 2) that is, between the range of 8 to 12, is
Study A
while staying with the same original starting equation of A+B=10? Now,
50
Study B
problem” that needed correcting given the equation or theory, A+B=10, then
both study A and Study B, above would support the enactment of the
legislation.
Let us assume the equation A + B=10, as our starting point. Then, let us
means is that any actual, factual answer which falls within the range of 10
51
significant results from our starting theory of A + B=10, with a standard
deviation of 2:
Study C
theory A+B=10, and the accompanying legislation, Study C with the same
“data” and a standard deviation of 2, does not support the theory A+B and
legislation.
deviation of 2, and, what is more, this is true with respect to any standard
study.
52
Now, I could stop here, but I choose not only to deconstruct, but also
Sociology.
The foregoing is based upon the idea found in Ken Wilber’s work, that there
Bibliography
53
Chapter 16
By
Anthony J. Fejfar
Physics.
54
subatomic particles such as the electron, positron, and quark. At a deeper
Bibliography
Aristotle, Metaphysics
55
Chapter 17
By
Anthony J. Fejfar
will be taken care of from “cradle to grave.” In the Great Society the
poor are no more. The poor are provided a “social welfare net” which
places them in the same position, or perhaps better than the lower middle
class. This is the Social Welfare State. The social programs involved
even more.
What is the legal basis for the Social Welfare State? How do we
society with a social welfare net. Rawls also argues that those persons who
would choose to help the poor and less fortunate as a matter of essentially
56
world where poverty exists. Poverty is distasteful. No one likes walking
down a street and seeing homeless people starving. The rational choice is to
mental illness, and even financial misfortune, can strike anyone at one time
or another, and the rational person using the Ethical Matrix, chooses the
justly, $100 per hour as a lawyer, I deserve to be paid $100 per hour as a
that the poor and disadvantaged must be taken care of in a positive way. If
57
the underlying secondary principle used, accompanying Proportionality is
disabled person has a need, then Proportionality requires that such a need be
being need food, clothing, shelter, education, etc., they are entitled to it in
Under Divine Law, as found in the Bible, in the Book of Isaiah, it is clear
that taking care of the poor and the ill is the highest priority. This would
also be true using need based Proportionality under Natural Law. But what
Spirit-Intellect is to be given the highest priority, then the Mental, and last
58
happy, fufulling job serving others, intellectually and spiritually, has a
higher priority than my neighbor who has the level one need for a speed
the spiritual-intellectual person, the mental mind person, and the sensate
body person, the spiritual-intellectual person should be fed first, the mental
mind person second, and the sensate body person last. Interestingly, I
would argue that even a mentally ill or a mentally retarded person could be
people can be spiritual, and many are. But that is not the case I am
ignorant and unspiritual. I would argue that under the Natural Law of
for spiritual and intellectual pursuits, before we feed the ignorant, unspiritual
poor for level three intellectual and spiritual reasons, or level two mental
59
detest poverty for aesthetic reasons, I would argue that level three people
detest poverty for spiritual reasons, and level two people detest poverty for
political reasons. So, in the end, I suppose that level two political people
who believe in the great society, and level three spiritual people will order
their lives to both feed and educate the poor. This is of course bolstered by
our earlier analysis finding that Natural Proportionality based upon need
requires that the poor, the mentally and physically ill, and the disadvantaged
be helped.
Bibliography
60
Chapter 18
By
Anthony J. Fejfar
child is for authority and hierarchy. Another way of raising a child is for
social justice and equality. Raising a child for social justice and equality
The first thing that you can do in order to raise a child for social
justice and equality is to make sure you have not broken the spirit of the
child. It is important that you only discipline your child in regard to serious
infractions of the rules. You also need to make sure that a child is only
disciplined for breaking a rule that the child has been given notice of
previously. You teach a child due process of law by making sure that a
child is only disciplined for breaking a rule that the child has been told
about.
61
possible. Once your child is old enough, offer hae3a choice for dinner.
Offer hae the option of having pudding or pureed fruit for dinner from
child that you treat each child equally as possible. Don’t give
child, simply because of age. In fact, teach the older child that it is hae
responsibility to help and protect the younger child, particularly when the
only spank a child or have the child do “push-ups” when the child refuses to
Fifth, always explain what are doing to your child. When a child
is told why something is wrong, then the child looks for rationality with
rules. Try never to say no, just because Mom or Dad “says so.” Rules
Additionally, when a child hits another child you need to teach the
3
“Hae” is the neuter personal pronoun.
62
child not to hit based upon the Natural Law Principle of Reciprocity. When
a child hits another, don’t just say that it is wrong. Instead, ask the child
why it is that hae hit the other. Then, ask the child how hae would like it if
hae was hit by the other child. Typically, the child will say that hae did not
want to be hit. The parent then says, “Well, if you don’t want to be hit, then
When the child does something right, encourage the child. When the child
does something wrong, say, “well, that’s not quite it, why don’t you try
again.”
63
Chapter 19
By Anthony J. Fejfar
consequent.”
Let us assume a civil tort case for damages, with a bench trial.
Judge Brown must decide whether or not Joe Smith, the defendant,
Bill Jones, causing Bill Jones to have a Wet Head. It is undisputed by the
parties to the lawsuit that Bill Jones had a Wet Head. In pretrial discovery,
three possible theories have been developed to explain how it is that Bill
64
Theory One: Rain causes Bill Jones to have a Wet Heat.
true. In the abstract, however, all three are in some sense true
logic, as follows:
65
1. If R, then WH
R, therefore, WH
2. If BW then WH
BW, therefore WH
3. If NW, then WH
NW, therefore WH
Now, all of the foregoing is true, in the abstract, and perhaps one
is true in the concrete. Since the cause of action is alleged against Joe
If BW then, WH
BW, therefore, WH
While the foregoing is true, the following statement, which commits the
If BW then, WH
WH, therefore, BW
Now, the reason the foregoing is false, is this: it is possible that the Wet
66
Head was caused by another cause from another causal “syllogism.” The
Wet Head of Bill Jones could have been caused by Rain or Water Nozzle.
and only if Water Bucket (thrown), then Wet Head. It is quite possible
that the presence of the Wet Head, in the abstract, was caused either by Rain
or the Water Nozzle. Just because there is a Wet Head, it does not mean
necessarily that Joe Smith caused the Wet Head with the Bucket of Water.
prove that the only possible way that the Wet Head could have happened
Bibliography
67
Chapter 20
By
Anthony J. Fejfar
The Council of Nicea, held around the year 400 A.D., did not think so.
Although the Pope from Rome did not attend the council, and apparently
only five bishops participated, a three to two vote defeated the idea of
do not consider themselves bound by Nicea, but rather focus on the Bible.)
discusses the reincarnation lives of his clients which were discussed while
the clients were placed in hypnotic trance states. Other “new age” authors
such as Michael Roads, Edgar Cayce, and Janes Roberts have used
68
information gathered in trance states to confirm the concept of reincarnation
as valid.
Book of Job, Job’s ten children are all killed when the house that they were
having a party in collapsed. At the end of the Book of Job, after Job has
been found righteous by God, Job’s ten children are restored to him. This
either means that Job had ten new children who reincarnated, or
alternatively, all ten were resurrected by God from the dead. I think that
1. random
2. Karma
3. Learning
4. Grace
5. experience
While I will discuss all fiver options, I find the “Learning” option and the
69
The “random” interpretation of reincarnation simply states that each
person “bounces” from life to life, without meaning. There does not seem
reincarnate.
interpretation states that the lives which a person takes is based upon past
done unto that person. Heaven, Hell, and Purgatory are not “places” but
has reached a certain level of maturity after reincarnating, the person takes
experiences which develop the soul or spirit of the person. We should not
70
person could be an “advanced” or “wise” soul who is trying to develop
reincarntion.
Although these lives may be lives of personal hardship and even sacrifice,
in the service of God and humanity. Because Grace in Christ transcends all
some saints, with remarkably “good” Karma, take on lives of Grace, out of
love, simply because they are saints. In my judgment, there are many
reincarnational lives are simply taken for the sake of experience, without
71
reincarnation, and I find it selfish, egotistical, and non-sustainable.
Bibliography
72
Chapter 21
By
Anthony J. Fejfar
There are three policy reasons which can be cited for the idea of
manipulative and irrational and should be excluded from public debate and
too much power in the government if Church and State are combined. A
would like to argue that the wall between Church and State should be
relaxed but not eliminated. In so arguing, I will address the three policy
73
arguments favoring separation of Church and State.
Church and State based upon the idea that religion is irrational. This
public policy. Those favoring Ockham’s Razor argue that theology and
metaphysics must be excluded from pubic debate because they are excluded
complex one. Moreover, it has been argued that in order for a concept to be
valid it must allow for its’ own existence. Because Ockham’s Razor
metaphysics cannot be excluded from the public square on the basis that
they are irrational. Instead, it is argued that they can be included, at least in
some form.
argues that too much power would be placed in the hands of government, to
74
the detriment of individual liberty. This argument I agree with. Although
or, have them taught in public schools, I would argue against an established
Church which has a doctrinal authority which is enforced through the use of
argues against favoring one religion over another. Here I would argue that
something like the “Perennial Philosophy” exists. I would argue that certain
common religious doctrines can be taught and utilized such as love of others,
philosophy and not theology and thus can be used like science. Also,
ethics can be taught in the public schools, and used in arguments in the
public square. On the other hand, for pragmatic reasons, I still do not favor
75
Chapter 22
Statutory Construction
and
By
Anthony J. Fejfar
derogation of the common law must be strictly construed. What this means
is that when interpreting a statute, you must do so in a way which has the
least effect upon the common law. This rule of narrow construction
Constitutional rights are not infringed upon. For example, one could argue
avoid a problem with the First Amendment to the United States Constitution.
Thus, one could narrowly construe the taxing statute so that newspapers
76
cannot be taxed with sales tax. Such a narrow reading of the statute would
77
Chapter 23
By
Anthony J. Fejfar
Some think that the Bible has nothing to do with Natural Law. In
fact the idea of Natural Law is that knowledge is available to the human
mind through the use of natural reason, rather than Divine Revelation.
Greece many years before the Christian New Testament texts were written.
Plato and Aristotle both argued that the human being is essentially
stages of consciousness.
78
have utilized a similar idea:
it is Biblical and Christian to understand that there are in fact three (or more)
noted above, Plato and Aristoltle both wrote about the three levels of spirit,
values of the soul-mind are in turn to be valued over values of the body-
also exist and operate. Do these Natural Law Ethical principles also find
79
Reciprocity is the principle that one should treat another as one
principle finds support in the teaching of Jesus Christ that one should treat
example, all other things being equal, pleasure is to be preferred over pain,
of Songs, the Psalms, and Proverbs, where love, compassion, and even
general rule based upon need. In the Bible, Equity is supported by the story
80
story Mary, Mother of Jesus, equitably intervenes to have Jesus make an
exception from the proportional rule of “no miracles at this time,” so that
upon Divine Revelation, the Bible clearly supports some Natural Law
81
Chapter 24
By Anthony J. Fejfar
help the “little guy,” the poor, the homeless, the oppressed, the sick, the
mentally ill, even the working poor. Social Justice believes in helping
others. Social Justice is a religious attitude that God demands that we help
those in need and that God valued this more than religious rituals, often
empty religious rituals. This is the message of the Bible found in the book
of Isaiah.
especially those in need, and we are to avoid empty religious rituals. God,
in the person of Isaiah, criticizes Israel, in the modern context the United
States of America for having an empty prayer life and not helping others.
God refuses to help those who fast and afflict themselves in religious self
sacrifice, when those very same persons are selfish, vindictive employers.
God says that He does not want penance, He does not want the
kind of humility where a “man bows his head like a reed.” Instead God
82
wants the following:
Those who promote and follow Social Justice are rewarded by God.
83
Chapter 25
By
Anthony J. Fejfar
in the synagogue in Nazareth, opening the scroll from the prophet Isaiah.
Obviously the scroll from Isaiah contained sayings from the biblical book of
Jesus starts his public ministry with Isaiah, for both of the foregoing reasons.
First, to affirm his, that is Jesus’ identity as the messiah, and second, to
affirm that the fight for social justice is the most important part of Jesus’
ministry. It is also interesting to note that Jesus was a lay reader, apparently
84
because he has annointed me to bring
Then, after finishing the foregoing reading, Jesus said, “Today this scripture
Bible.
Now, the passages from Luke which we have just discussed, only make
sense in the context of the readings from the book of Isaiah. As stated
previously, there are two major themes in Isaiah, first the messianic
prophecy, and second, God’s support for social justice. Isaiah, Chapter 8,
foretells Jesus virgin birth in Bethlehem of Judea: “[T]he Lord himself will
give you this sign: the virgin shall be with child, and bear a son, and shall
85
For a child is born to us, a son is given us;
their rights....
Isaiah, Ch. 10, vs. 1 and 2, New American Bible. Thus, Jesus is fully in
laws.
Additionally, we see in Isaiah Chapter 11, that Jesus rules with wisdom
and justice:
86
A spirit of counsel and of strength,
Isaiah Ch. 11, vs. 2-4, New American Bible. Obviously, the rule of
deliver us from harm: “Then will the eyes of the blind be opened, and the
ears of the deaf be cleared; Then will the lame leap like a stag, then the
tongue of the dumb will sing.” Isaiah Ch. 35 vs. 5 and 6, New American
Isaiah Ch. 41, v.2, New American Bible. Finally, in Isaiah Chapter 42,
87
he shall bring forth justice to the nations,
Isaiah Ch. 42, v. 1, New American Bible. In bringing about social justice,
however, Jesus does not cause riots (“not crying out, not shouting, not
making his voice heard in the streets” Id. v. 2), and, Jesus will not bring
about social justice at the expense of the innocent weak or spiritual (“A
bruised reed he shall not break, and smoldering wick he will not quench....”
Id. v. 3).
Would today that you might fast so that your voice would
88
Just as Jesus ultimately brings about social justice in an assertive but
89
Chapter 26
By
Anthony J. Fejfar
Aristotle says that Equity applies when law fails due to its’ generality. In
following Roman Catholic canon law. In this Tract Book, I explore the
be argued that the litigant cannot bring an action because hae4 has “unclean
hands.” One has unclean hands when one has acted wrongfully or in bad
4
“Hae” is the neuter pronoun that I have developed. “Hae” replaces “he” or
90
faith. It is similar to the idea in English that a person might have “dirty
of the parties to the contract. Good Faith implies a standard which is above
parties, where each party is considered to be a competitor with the other, and
Unclean Hands and Good Faith find their origin in the Bible. In the Book
of Gerar. (See, Genesis, Ch 20, New American Bible). Abraham and his
wife Sarah (who was also Abraham’s half sister), came to the land of Gerar.
disclosed the fact that he was married to Sarah, so Abraham told King
Abimelech that Sarah was Abraham’s sister, and did not disclose their
King Abimelech.
91
King Abimelech defended his actions before God, saying that he
had relied in “Good Faith” upon Abraham’s representation, and that he, the
King, had “Clean Hands” in the matter: “I [married Sarah] in good faith
and with clean hands.” Genesis, Ch. 20, v. 5, New American Bible. This
to criminal law, the civil law application is apparent. Because the King
acted in good faith, and with clean hands, God did not punish the King for
bigamy. Good Faith, then, implies the idea of innocence and a good or pure
motivation for one’s actions. Bad faith, or unclean hands, the correlative
opposite, then, means knowing bad intent or motivation. If the King had
known about the marriage and acted to marry Sarah anyway, then the King
would have been judged as acting from bad faith, coveting his neighbor’s
In the modern context, then, unclean hands, for purposes of the law
equitable remedy.
92
Chapter 27
By
Anthony J. Fejfar
between frames.5 Perhaps certain events happen in one frame, they are
memorialized in writing, and then the written work then “shifts” into a
parallel universe where events were different then those memorialized in the
original writing.
5
See, Jane Roberts, Seth Speaks.
93
takes the Biblical miraculous and magical events as literally true, then
perhaps it is not that great a leap to postulate that the Bible discusses
Genesis
The first account seems to support an evolutionary theory, while the second
Earth.
The first account of Creation in Genesis starts with idea that the
consistent with Greek philosophy and cosmology which states that reality
Chaos or perhaps “Substance” is also consistent with the idea that the
Universe began with the “Big Bang,” which itself was preceeded by the
Creation account is also consistent with the idea that God uses
94
“Metaphysical Quiddities” in Creation. Obviously, “Form” as a
It is not until the “Third Day” of Creation that God creates Time, and the
and the Moon which are “luminaries” which structure Time, that is, “days
and years.”
to appear on the Earth is amphibian water life and birds, which is not
[hu]man in his image, in the divine image he created him; male a female he
day, God rested. It is my interpretation that on the sixth day God created
95
On the sixth day then, the “Multidimensional Day” the second account
some type of genetic creation, and humanity in the persons of Adam and
Eve, artificially precede animal life instead of evolving out of it, as in the
original creation. This “Eden Plane” was then shifted into or onto the
orginal Evolutionary Creation upon the “Fall” of Adam and Eve who ate
the forbidden fruit of conventional knowledge of good and evil, rather than
consistent with the Christian Gospels. There are four Gospels rather than
In Mark, the Gospel starts with the Baptism of Jesus and his
Galilean ministry. It is my argument that this reality frame came first, and
96
that Jesus simply manifested in adult form, simply manifesting as an adult,
and then walking out of the desert. Any family that Jesus has in this frame
the “infancy narrative.” Luke starts with the birth of John the Baptist and
the birth of Jesus. It is in the Gospel account that Christmas story of the
angels and the shepherds. This is the story of Jesus and the manger in
swaddling clothes.
Multidimensional Reality.
97
Chapter 28
By
Anthony J. Fejfar
to do with one another. However, a closer look indicates that Zen Realism
Zen Bhuddism, in its pure form argues that the reality that we see is a
instructed to “see through” the illusion and find the real. Unfortunately, Zen
realist one. On this account, truth is found in the ideal, not the real.
Lonergan) which is precisely subject to the critique of Zen. The naively real
world of the Thomist is arguably the world of illusion that Zen sets aside.
98
A closer look at the two approaches, Zen and Thomism, on the other
hand shows that the Zen Realist interpretation of Zen, and the Critical
Returning to the above Zen Koan, I start first with naive sense experience. I
look at the tree across the street with my eyes, and based upon this naive
no longer real, the tree is now seen as an illusion. Finally, there is a third
99
movement where the “tree” is now critically and intuitively “reconstructed”
as a tree again. This is the “real tree” of “second sight” or “reflection” that
is often referred to. The real tree is the tree which is intuitvely, critically,
type of idealist Zen which simply stops with level two analysis and
deconstruction, is rejected.
100
Chapter 29
By
Anthony J. Fejfar
Enlightenment. Satori is what happens when you get it, when you figure it
Satori.
Insight can occur both at level two with the function of Understanding,
but also at level three with judgment and reflection. Insight is interesting.
101
produces understanding. It is Insight which takes disparate experience
and/or ideas and then turns them into a new integrated idea. It is Insight
which can take the tools, equipment, and know how of a concrete form and
and turn them into a construction plan. It is Insight which can take the legal
concepts, facts, and ends of the client, given to the lawyer, and turn them
into a solid piece of legal analysis. It is Insight which can take the medical
knowledge, patient symptoms, and overall circumstances, and turn them into
a medical diagnosis.
is Insight which allows the lawyer to judge whether or not his client is lying
or telling the truth. It is Insight which allows the business person to judge
As stated above, Insight is also Satori. When one has Insight into the
102
is a Zen Koan that says that Satori is like hearing a person clapping with
only one hand. What you hear is Spirit, it is not sound. Satori is mode,
action, process, it is not a fixed idea in the mind. Thus, the Satori of Zen
THE END
103