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Critical Thomism, Reality, and Politics By Anthony J. Fejfar, B.A., J.D., Esq., Coif Lulu Press ISBN# 978-0-557-03775-9 © Copyright 2008 by Anthony J. Fejfar
Critical Thomism, Reality, and Politics Introduction This is a Collection of Essays dealing with Critical Thomist Jurisprudence, Reality, and Politics. Table of Contents 1. Formal Operations Thinking 2. Bergson, Evolution, Genesis, and Quantum Physics 3. Burden of Proof and Intent: Mental Incompetency 4. Classical Morality not Conventional Morality 5. Critical Thomism and Kant 6. Critical Thomism and the Liberal Compact 7. Drugs and Mental Illness 8. Druid Catholic Mass 9. Due Process and Magna Charta 10. Evolution and Utopia 11. Gadamer’s Hermeneutics and Metaphysics 12. God and Communism 13. God, Communism, and the Rule of Law 14. Individual Rights and Patriarchy 15. Is Al Queda a Nazi Terrorist Organization? 16. I Opus Dei a Nazi Front Organization? 17. The Green Party 18. Law School
19. Limiting Lawyer Malpractice 20. Lonergan and Critical Thomism 21. Mind Control 22. Lonergan’s Cognitional Structure 23. Motivation and Self-transcendence 24. Natural Law and Music 25. Nazi Dupes 26. Oblivion 27. Psychiatry and Justice 28. Purgatory 29. Quantum Physics and Sunlight 30. Reason and Higher Love 31. Reincarnational Estoppel 32. Self-actualization 33. Seth, Consciousness, and Critical Thomism 34. Substance and the Holy Spirit 35. The Lease as an Equitable Use 36. The Christ Child 37. The Contingent Loan for Attorney’s Fees 38. The Correcting Entry 39. The Dark Side of the Force 40. The Episcopalian Catholic Church 41. The Ethical Dilemma of Flyboys
42. The Fallacy of Shifting Ground 43. The Final Solution 44. The Great Society 45. The Holy Spirit of Divine Wisdom and Form 46. The Lurking God 47. The Moderation Corporation and Income Tax 48. The Nolo Contendere Plea 49. The Crime of Penury 50. The Republican Manifesto 51. The Schizophrenic Driver 52. The Sons of Liberty (1) 53. The Sons of Liberty (2) 54. The Wild Deed 55. Timing and Intent 56. To the Death and Beyond 57. Transcendental Method and Epistemology 58. Transcendental Method and Postmodernism 59. Trinitarian Democracy 60. Truth, Relativism, and Evil 61. Quantum Field Theory 62. Quantum Field Theory and Being 63. Athiestic Materialism 64. Why Critical Thomism is a Postmodern Philosophy
65. Why Santa Claus really Exists 66. Why Wisdom is not Satanism 67. Workfare 68. Zen and Daoism
Chapter 1 A Short Test for Formal Operations Thinking By Anthony J. Fejfar, J.D., Esq., Coif © Copyright 2007 by Anthony J. Fejfar The developmental psychologist Piaget, asserted in his work that beyond the simple, naïve thinking of concrete operations, there is a more abstract, difficult type of thinking known as formal operations, or, hypo-deductive thought. You see, people in concrete operations cannot plan for the future. Concrete people cannot compare and contrast possible alternative future courses of action and choose a future which is logically superior. In this essay I am giving a short test for formal operations so that the reader can see, if he or she can think hypo-deductively. Here is the problem for you to solve: Chris is walking down a path and comes to a fork in the path, one path marked Path A, and the second marked Path B. There is a sign at the head of each path, describing that path: Sign A: Path A is 1 mile long Path A is 3 feet wide Path A has a snack bar by the path Path A at the half way point has a bridge which is down for construction, making the path impassible. Path A is paved with asphalt Sign B: Path B is 1 mile long Path B is 2 feet wide
Path B has no snack bar Path B has no bridge and is open all the way Path B is a dirt path
Now, you the reader are required to choose the best path with the goal in mind of reaching a destination 3 miles down the path after the point where paths A and B have merged and have become one path again. You are to compare and contrast the good and bad points about both paths A and B, and choose the path which logically is better, given the goal of reaching your destination. BEGIN the TEST.
(Scroll down for the correct answer below after taking the test).
ANSWER: Path B
While Path A has some nice features, with the bridge out it cannot be used to get to the destination.
Bergson, Evolution, Genesis, and Quantum Physics By Anthony J. Fejfar, B.A., J.D., Esq., Coif © Copyright 2007 by Anthony J. Fejfar For many persons, evolution is seen, following Darwin, as a very gradual process of evolutionary change which is consistent with atheistic materialism. I, on the other hand, following Bergson, argue that evolution involves planned change from outside of space-time, involving God and metaphysics. Bergson, in his work on evolution, argued that evolution could only take place with rapid, complex, changes in biological reality, not with gradual incremental changes. Of course, when you think about it, the idea that people were created by God, in Genesis in the Bible, could be seen as evidence that evolution takes place very rapidly, with causation from outside of space-time by God and metaphysics. The question, is, however, how can we get to this notion of evolution and still stay in the realm of science. My response is that evolution takes place using Quantum Physics and Quantum Change. Recall that Quantum Physics is based upon the scientific idea that the Quantum Field exists outside of space-time. The Quantum Field exists on a subatomic level, but can certainly produce changes on the atomic, molecular, or even biological levels. There is no reason, logically, to think that if you can change the subatomic makeup of an atom, that you cannot change the atom itself. And, if you can change an atom, there is no reason to think that you could not change a molecule. And, if you
can change a molecule, there is no reason to think that you could not change a biological cell. Thus, it is possible that evolutionary meaning on the Quantum level, which very well might involve God, and certainly metaphysics, could produce large and sudden evolutionary changes, even to the extent of producing a whole new species of animal, or even human beings, as if, ex nihilo, out of nothingness, but really out of the Quantum Field. Thus, there really is no contradiction between the idea of theistic evolution, or creation of human beings by God in the Bible, and the notion of scientific evolution, in general.
Burden of Proof and Intent: Mental Incompetency and a finding Of Judicially Incompetent to Stand Trial: An Analysis By Anthony J. Fejfar, B.A., J.D., Esq., Coif © Copyright 2007 by Anthony J. Fejfar I once heard a psychologist argue that in order to practice law, one had to be “Judicially Competent to Stand Trial.” I have also heard psychiatric social workers argue that one who is not “Judicially Competent to Stand Trial” cannot own property, or contract. I would like to argue that
these persons are mistaken, in part, because the type of intent required for a particular type of activity parallels the burden of which is required to prove a relevant fact at trial. I have argued previously that contemporary science, based on Quantum Physics, tells us that we live in a world and universe of moderate relativism. There is no absolute certainty in this world or universe, only probable knowledge. Thus, in relation to law, and what is required to prove a fact, or reality, using a legal proceeding, there are three different standards of proof which must be proved. They are as follows:
1. Civil Case- property, contracts, tort, constitutional rights at law without equity Preponderance of the Evidence 55% standard of proof/reality
2. Civil Regulatory Case- licensure, environmental or corporate regulation, -involuntary psychiatric commitments, guardianships -Clear and Convincing Evidence 85% standard of proof/reality
Criminal Case- Prosecution of Criminal Defendant Evidence Beyond a Reasonable Doubt 99.9999999% standard of proof/reality
Now, my point is that in each of the three different proceedings discussed above, the standard for “reality” is different, and thus, the type of intent required to intend reality for that type of proceeding is different. Thus, the following is true: In order to be judicially incompetent to contract or own property one must not be able to know reality at a percentage of 55% or better. Now, some type of test is required, I suppose, but it should
generally say that if the person is 55% accurate in the person’s reality perceptions, then that person is judicially competent to stand trial to own property and to contract. If a person is alleged to be
delusional, or hallucinatory, or have dementia, such that the person cannot form contractual intent or ownership intent,then it must be proved that the person’s intent is less accurate than 55% or better. Similarly, in order to be judicially incompetent to take care of your own personal or financial affairs (guardianship), or to be judicially incompetent on the basis of being a danger to oneself or a third person (involuntary commitment), or to be judicially incompetent to practice law (hold a license), one must not be able to know reality at a percentage of 85% or better. Again, if a person is alleged to be
delusional, or hallucinatory, or have dementia, such that the person cannot form regulatory intent, then it must be proved that the person’s intent/reality perception is less accurate than 85% or better. Thus, logically, one could have the judicial intent necessary to own property or contract, but not have the judicial intent necessary to practice law or take care of one’s own affairs without supervision. Of course, it would also have to proven that the proposed guardian was more competent in this respect than the proposed ward. Finally, in order to be judicially incompetent to stand trial to form mens rea, or criminal intent, one must be found to be judicially incompetent to stand trial by reason of not being able to know reality at a level of 99.9999999% . A Criminal Conviction requires that the Defendant must have really known what he or she was doing at a percentage of 99.999999%, or there is no basis for specific intent, that is, criminal intent. Now, it is possible that a person does not reach the 85% test for involuntary commitment (knows reality below 85% perceptually) and also clearly does not meet the 99.99999% test for criminal liability, and thus could be involuntary committed to a psychiatric ward for some period of time for being a danger to oneself or another. However, it is equally true that a person could know reality at 87% probability but not 99.99999% probability, and such a person could practice law, for example, could not be involuntarily committed, could not be subject to a guardianship, yet still be acquitted of criminal charges for lack of specific or criminal intent. Obviously, such a person could also own property and have the power to contract. The idea that a criminal defendant has been found judicially incompetent to stand trial for an inability to form specific intent cannot be used as a basis for asserting that such a person cannot own property, contract, practice law, have and exercise constitutional rights.
Chapter 4 Classical Morality not Conventional Morality By Anthony J. Fejfar, B.A., J.D., Esq., Coif © Copyright 2007 by Anthony J. Fejfar Developmental Psychologist Lawrence Kohlberg argued that level 3 moral thinking is conventional morality. I would like to argue that some people at level 3 may seem to conventional, but really aren’t. Conventional Morality means that a person follows a specific authority for moral directions or guidance. So, when a person says that he or she trys to be “good,” this is probably interpreted as being a person who is living up to conventional expectations by unreflectively following some authority. Critical Thomism, a form of neo-thomism, and Neo-Platonism both hold the position that ethically and morally, one is ordered toward The Good, as a metaphysical quiddity, and as an End. The argument is that The Good actually exists, independent of any knower, as a Platonic Form or as a Substantial Form. Thus, it would appear that some persons who appear to be applying conventional moral standards, may instead be applying the post-conventional morality of level 6, individual or universal principles. Thus, these individuals, if they are to be categorized at level 3, are applying Classical Morality, not conventional morality.
Critical Thomism and Kant’s Categorical Imperative By Anthony J. Fejfar, J.D., Esq., Coif © Copyright 2007 by Anthony J. Fejfar
While Critical Thomists base their Ethics on the Ethical Matrix, they base their morality upon a self decided upon scale of values under the Utility function of the Ethical Matrix. While Utility means, Maximization of Value, concretely, this finds expression in each individual selecting and then acting upon an individual scale of values. While some may base their morality upon an external moral authority, the Critical Thomist does not. The morality of a Critical Thomist is based upon self chosen values. In this sense it is existential. As I have asserted previously, my morality, my self chosen scale of values, is as follows:
1. My Autonomy, that is, my Self Directedness. 2. My Rational Self Interest, that is, what I rationally think is best for myself. 3. My Self Actualization, that is, my chosing to actualize, typically through work, those values which are most meaningful to me. 4. Helping others.
Now, some people, even some judges take as a litmus test of the validity of an ethical or legal position, whether or not the position meets the requirements of Kant’s Categorical Imperative. For Kant, the Categorical Imperative tested whether or not a position could be Universalizable. So, for me, and the Critical Thomist, the
question is would I wish that, ideally, everyone would choose the same scale of values that I have, i.e., for him, his autonomy, his Rational Self Interest, his Self Actualization, and his helping others. Rationally, I Tony Fejfar, do choose that everyone would choose the same scale of
values that I have chosen, for him or herself. Thus, my morality position and scale of values passes the test of Kant’s Categorical Imperative.
Critical Thomism and The Liberal Compact By Anthony J. Fejfar, J.D., Esq., Coif © Copyright 2007 by Anthony J. Fejfar
While Critical Thomists base their Ethics on the Ethical Matrix, they base their morality upon a self decided upon scale of values under the Utility function of the Ethical Matrix. While Utility, Maximization of Value, concretely, this finds expression in each individual
means, selecting and then acting upon an individual scale of values. While some may base their morality upon an external
moral authority, the Critical Thomist does not. The morality of a Critical Thomist is based upon self chosen values. In this sense it is existential. As I have asserted previously, my morality, my self chosen scale of values, is as follows: 5. My Autonomy, that is, my Self Directedness.
My Rational Self Interest, that is, what I rationally think is best for myself.
7. My Self Actualization, that is, my chosing to actualize, typically through work, those values which are most meaningful to me. 8. Helping others
Now, as Critical Thomist, I am also concerned with the Liberal Compact. The Liberal Compact provides that every Liberal must support every other Liberal in protecting that Liber al’s individual rights. Now, what does this mean, practically?
Well, it means that I, as a Liberal, Critical Thomist must support the Liberal scale of values not only for myself, but for every other Liberal Critical Thomist. Thus, not only do I argue for my Autonomy as paramount, I also argue for the Autonomy of every other Liberal Critical Thomist, as paramount. Not only do I act to
defend my own Rational Self Interest, but, I also act to defend the Rational Self Interest of other Liberal Critical Thomists. Not only do I support my own Self Acutalization, I also act to support the Self Actualization of other Liberal Critical Thomists. Finally, not only do I try to help others in my Life, I also act to encourage other Liberal Critical Thomists to help others.
This is the Liberal Critical Thomist Compact, and it works. It is perhaps the most powerful force in reality. I suspect that even God the Father, Jesus the Son, and the Holy Spirit are each Liberal Critical Thomists. This force is even more powerful than conventional morality. The Critical Thomist Liberal Compact supports the Individual Good, and collectively, the Common Good. The Common Good is merely the aggregate of all of us pursuing the Individual Good together.
Chapter 7 Drugs and Mental Illness A Work of Fiction An Allegorical Tale By Anthony J. Fejfar, B.A., J.D., Esq., Coif © Copyright 2007 by Anthony J. Fejfar Dan Spencer was a newspaper reporter for the Pittsburgh Enquirer Weekly Newspaper. Dan was a undergraduate double major in English and Philosophy from Duequense University, and held his Juris Doctor degree in Law, from the University of Pittsburgh. Dan had a weekly column, and was an investigative reporter. Dan was currently investigating the causes of mental illness. Most psychiatrists claimed mental illness was caused by genetically abnormal brain functioning. According to the psychiatrists, the patient’s neurons just weren’t firing the right way. Dan had a different hypothesis, though. Dan wondered if most mental illness might be caused by the person, unknowingly, taking poison, or hallucinogenic drugs. Dan had a friend who was a Russian reporter who found KGB files indicating an espionage program designed to make people appear to be mentally ill, so their careers would be destroyed.
Dan had another friend in the Czech MI5 intelligence organization who told Dan that the FBI and the CIA had a similar program to get rid of progressives and liberals in the United States. So, Dan thought that he had better check into the problem. Dan started by going out to the State Mental Hospital, where a friend of his had been diagnosed with Schizo-affective disorder for believing in Natural Law. Dan took his friend out to eat, off the facility, and then they stopped at a private clinic and had some of his friend’s blood drawn for lab work. The next week, the tests came back showing that Dan’s friend had LSD, PCP, lead, arsenic, and camphor in his blood. Dan visited his friend on the Ward and asked him if he knew anything about any of these drugs or substances. Dan’s friend was shocked at what the tests showed and said that he had never taken any sort of drugs or substances for any reason. Dan spent six months interviewing other mental health patients, and having their blood drawn and analyzed. Almost all of the patients had the same drugs and substances in their blood as Dan’s friend. Dan then bribed a psychiatric aide for information and found that psychiatry was deeply involved with “controlling” political “dissidents.” Dan asked if they were worried about getting caught and going to jail. The aide said, no. Because, the psychiatric hospital had a very powerful satanic cult, and because most of the drugging was being done by the CIA and FBI, often in the homes of the persons, before they were hospitalized. Dan ran this story in the Pittsburgh, Enquirer, and hoped for the best.
Chapter 8 Druid Catholic Mass By Anthony J. Fejfar, B.A., J.D., Esq., Coif © Copyright 2007 by Anthony J. Fejfar I was raised a Roman Catholic, but I never liked the term much. I guess Rome did some positive things for Western Civilization, but of course there were some big negatives too. There was slavery in Rome, not just blacks, but whites too. And, contrary to postmodern myth, there was no religious freedom in Rome. Caesar was worshipped as a god, or perhaps even God himself. There could be no false gods or a God worshipped beside Caesar. Why the Jewish worship of God was tolerated is unclear, and seems to be the exception that makes the rule. Growing up, we just called ourselves Catholic, not Roman Catholic. In fact, I have it on good authority that the idea of Roman Catholicism was an invention of a religious affairs reporter for Newsweek Magazine, distinguishing it from Anglican “Catholicism.” I think that there are other metaphors we could use to denominate
the Catholic Church, I personally like the idea of a Druid Catholic Church. I think that the Druid tradition was informed by the Holy Spirit long before the historical coming of Jesus of Nazareth on Earth. In his book, Seth Speaks, by Jane Robert, Seth states that spiritual “Speakers” who channeled information from the “other side,” were teaching in Europe as far back as Cro Magnon times. I think that these Speakers were the early Druids and that they presaged the coming of Christ, Plato, and Aristotle, long before they actually physically incarnated on Earth.
The real Catholic Mass, to me, is a Druid Catholic Mass. We do not sacrifice the material body and blood of Jesus Christ in the Mass, like some sort of cannibals, instead we have a transformative nature sacrifice of the bread and wine (or grape juice) into the Body and Blood of Jesus Christ in Substance, metaphysically. This is the real doctrine and practice of tran-substanc[e]-iation (transubstanciation) as taught by the Church Councils at Nicea and at Trent. Now, because, the Mass is essentially a nature sacrifice, not the sacrifice of a male on an altar, it makes perfect sense that women can be Catholic Priests and offer the sacrifice of the Mass. A Druid Mass. Perhaps the notion of a Druid Catholic Church is a little too much for some, maybe good start would be the development of an Episcopalian Catholic Church.
Chapter 9 Due Process, Magna Charta, and the Charter for the Province of Pennsylvania By Anthony J. Fejfar, B.A., J.D., Esq., Coif © Copyright 2007 by Anthony J. Fejfar One might wonder what Due Process of Law, if any, was applicable in States such as Pennsylvania, prior to the enactment of the 14th Amendment to the United States Constitution. I argue that Due Process of Law was present prior to the 14th Amendment, and that such Due Process of Law on the State Level, continues even today. In the Charter for the Province of Pennsylvania, 1681, the Charter clearly states that all laws of Pennsylvania must be “consonant to reason.” This means both substantive and procedural due process are required in the enforcement of any civil or criminal law in Pennsylvania. With respect to substantive due process, this means that any governmental law or action must be “reasonably related to a legitimate government interest.” With respect to procedural due process, this means that the litigant, whether civil or criminal, has the right to a fair hearing where there is an impartial trier of fact and law, where the litigant can cross examine witnesses, where the rules of evidence apply, and where the is a right of appeal. Finally, the Charter of the Province of Pennsylvania states that so far as is conveniently possible, the law of Pennsylvania, as of that time, should conform to the laws of England. This means that Pennsylvania is required to follow the requirements of Magna Charta, the British Constitution. Magna Charta requires that no person can be deprived of life, liberty, or property, without a jury trial in accordance with the law of the land, that is, in accordance with the Natural Law of Liberty, and
procedural and substantive due process. Thus, it is clear that Pennsylvania has both substantive and procedural due process rights without referring to the 14the Amendment of the United States Constitution.
Chapter 10 Evolution and Utopia By Anthony J. Fejfar, B.A., J.D., Esq., Coif © Copyright 2007 by Anthony J. Fejfar Charles Darwin, the noted Evolutionist, argued that random mutations tried in the court of evolutionary competition, is responsible for evolution of all species, such as human beings. The idea is that evolution somehow produces constructive, positive, evolutionary changes. Maybe this makes some sense, but I’m not sure. Let us consider this situation. Human being need vitimin C in order to survive. If they don’t get it they get scurvy, an often fatal disease. In small children, scurvy causes a failure in the development of bones and teeth. In adults it causes tooth loss. Now, it would seem that if evolution worked the way Darwin suggested, that somehow our bodies would not need vitimin C. Vitimin C really can only be found in significant quantities in fresh fruit. Fresh fruit in all tribal societies would only be available in the Fall, and only for a short period of time, and only where fruit trees are growing. No, if evolution were really true, then humanity must
have evolved where there was fresh fruit available the year round. Based on our modern experience, it takes a sophisticated world wide economy in order for fresh fruit to be available the year round, or, alternatively, canning of fruit must have been available. Both these options seem unlikely based upon the current idea that humans evolved from apes on the African plains. Instead, somehow, by Creation, or Creative Evolution, human being were created or evolved in a Utopian society where fruit was available the whole year. Perhaps, then, the idea of a Garden of
Eden, where people had fresh fruit the year round, or so the common myth has it, is supported by the idea of evolution itself.
Chapter 11 Gadamer’s Hermeneutics and Metaphysics By Anthony J. Fejfar, J.D., Esq., Coif © Copyright 2007 by Anthony J. Fejfar In the Gadamer-Habermas debate, Habermas argues that there is no way to avoid the hermenutic circle, and thus that Gadamer’s Hermeneutic position is logically circular and invalid. I, on the other hand, argue that Gadamer’s Hermeneutics are valid because they are based upon metaphysics. Gadamer asserts that Hermeneutics, that is, philosophy of meaning, is based upon the idea that there are certain “forestructures of knowing” which guide hermeneutic interpretation. Obviously, if these forestructures are just ideas, then it would appear that hermeneutics are circular in nature and thus invalid. I would argue that just as Plato argued for the idea of the World of the Forms, so too, hermeneutics is guided by what I would call Hermeneutic Forms. I argue that Gadamer’s position is Platonist and is thus grounded in Metaphysics. Since the forestructures of knowing are in fact transcendent Immutable Platonic Forms, in the World of the Forms, better interpretations are possible. Additionally, using Lonerganian epistemology it is possible to argue that intuitive judgment and reflection are cognitive functions which transcend mere analytic understanding or hermeneutic interpretation. The argument is that intuition enables us to transcend hermeneutic understanding and helps to to find a better interpretation.
Chapter 12 God and Communism By Anthony J. Fejfar, B.A., J.D., Esq., Coif © Copyright 2007 by Anthony J. Fejfar In the Communist Manifesto, Karl Marx, its author, takes the position that God is an infantile projection and that religion is the Opiate of the People. I argue that Marx point has some validity, but overall is wrong In his book, “The Two Sources of Morality and Religion,” philosopher Henri Bergson discusses two types of religion and two types of God. In the first type of religion, let us call this, Conventional Religion, religion is based upon inauthentic authority. People are taught to “pray, pay, and obey,” and nothing more. Genuine spirituality is suspect at best, considered evil at worst. Genuine spirituality or religious experience is considered evil by conventional people because the spiritual person has a direct pipeline to God, bypassing the religious authority system. I argue that spiritual people are Intuitive Mystics who value autonomy, rational self interest, self actualization, and helping others. Conventional people, on the other hand, value obedience, fitting in, conformity, appearances, the status quo, authoritarianism, and meaningless religious ritual. The “God” of convention fits with the religion of convention. The Conventional God is authoritarian, demand strict obedience, values appearances, values conformity, hates spiritual experience. This conventional God is the false God criticized by Karl Marx in the Communist manifesto. The religion criticized by Marx as the opiate of the people is precisely conventional religion
The second type of religion that Bergson speaks of is Intuitive, or Spiritual, or Intellectual religion. Intuitive religion is Spirituality. Intuitive religion is where the participant actually actually
comes into real contact with God. This is the God of Being, not the God of authority. The God of Being inspires us to pursue Justice and Social Justice, not conformity and not the status quo. The God of Being encourages us to wear khaki shorts to church in the summer, not a three piece suit or a fancy dress. The God of Being encourages an intellectual life based upon Reason. The God of Being encourages artistic creativity. The God of Being despises, appearances, conformity, authoritarianism, and empty religious rituals with no spirituality involved. Karl Marx did not criticize the God of Being in the Communist Manifesto, only the God of Convention. For the Spiritual Theist, Communism mean Equity, “To each according to his need, from each according to his ability.” Keeping in mind of course that those with abilities have needs too, such as, self actualization needs. Understood in this sense, then, it is possible to believe in the God of
Being and be a Communist. There is no contradiction. Karl Marx did not criticize the God of Being.
Chapter 13 God, Communism, and the Rule of Law By Anthony J. Fejfar, B.A., J.D., Esq., Coif © Copyright 2007 by Anthony J. Fejfar The Rule of Law, is a Metaphysical Law, which exists independent of any knower, in the World of The Forms. This is the Platonist position. The Aristotelian position is that the Rule of Law, is a Metaphysical Law, which exists independent of any knower in Substantial Form. For Theists, the Forms exist in the Mind of God. The Forms are guides, not cookie cutters, and they manifest probabilistically. The Rule of Law contains within it all the laws necessary for a Just and Equitable legal system. Common Law Rules relating to Property, Contract, Tort, and Procedural Law, all exist in the World of the Forms as an aspect of the Rule of Law. Thus, I argue that God favors the Rule of Law and Metaphysics. Karl Marx, in the Communist Manifesto, argued that Law is a sham, and merely reflects economics or politics. This is absurd. Law is ordered toward Justice, and Equity is ordered toward Social Justice. While Law may take economics or politics into account as factors to be considered, from time to time, Law cannot be reduced to mere economics or politics. Law is based upon four Natural Law Ethical Principles: Reciprocity, Utility, Proportionality, and Equity. These are neither economic nor political principles. Finally, I would simply note that even in corrupt Communist societies like the Soviet Union, the masters of that society still felt that Law was needed. There was a Soviet Constitution and a Soviet Judicial System, however, flawed.
Chapter 14 Individual Rights and Patriarchy vs. Matriarchy By Anthony J. Fejfar, B.A., J.D., Esq., Coif © Copyright 2007 by Anthony J. Fejfar Some feminists argue that Patriarch is evil and matriarchy is good. On the contrary, I argue that Patriarchy is good and matriarchy is evil. First, let us consider the historical record of matriarchy. Ken Wilber, in his anthropological work argues that matriarchal, horticultural societies promoted both slavery and human sacrifice. If matriarchy were to reappear today, I argue that such consequences are exactly what we would see. Additionally, while at first it would seem that only men would be satanically enslaved and sacrificed, in the end I suspect that lesbian women who are artistically inclined and who are not “great mothers” would also be enslaved and murdered in ritual sacrifices. Patriarchy, on the other hand has produced political liberalism and the Rule of Law, protecting individual rights and equality. Patriarchy has two forms, Father authoritarianism and adolescent Son-
Reason. While some individual Fathers might be authoritarian, in fact, our culture promotes and enshrines adolescent Son-Reason. Good judges and good presidents and good corporate executives are good because they are reasonable not because they are authoritarian. Christianity itself is based upon the norm of adolescent Son-Reason. While Jesus may have been married, there is no mention of this in the Gospels. The Jesus of the Gospels was an adolescent not an authoritarian Father. Roman Catholic religious life, at its best promotes reason based decision making not authoritarianism. The Paulist Order, for example, since the time of its founder, Isaac Hecker, utilizes democratic procedures based upon reason and the individual inspiration of the Holy Spirit. Jesus Christ is the Logos, that is Reason, not an authoritarian Father. As Jesus said in the
Gospels, “the Father has given everything over to the Son.” Clearly, this is not authoritarian patriarchy. Adolescent patriarchy is to be preferred to matriarchy.
Chapter 15 1 Is Al Queda a Nazi Terrorist Organization? By Anthony J. Fejfar, J.D., Esq., Coif © Copyright 2007 by Anthony J. Fejfar Sometimes, as the saying goes, truth is stranger than fiction. After the 9/11 debacle, most of us were shocked and simply could not figure out how it happened. With all due respect, although Moslems from the Middleast were clearly involved, the whole thing took the type of planning, analytic thought, and organization one does not typically associate with the middle eastern mind. So, we ask ourselves, where did Al Queda come from? My argument is that apparently, like Opus Dei, Al Queda is a Nazi organization. Now, one might ask, where are these Nazi’s coming from? Some might naively think that the Nazi movement is a thing of the past, but I don’t think so. First of all, there is a significant Nazi Party presence in Russia. This has been reported in the news. There are elected officials in Russia who openly belong to the Nazi Party. Next, both Portugal and to some degree Spain have had fascist regimes which are, and have been sympathetic to Nazi Germany. Remember the book, “The Boys from Brasil?” This factual book was about the strong Nazi Party presence in Brasil resulting from the fact that so many German Nazi’s escaped Europe at the end of World War II and secretly emmigrated to Brasil and some other South American countries. Finally, we have the East German Nazi Party which basically operated as the East German Communist Party until the Wall went down. There is a strong Nazi movement
in East Germany. Additionally, it is widely understood that the Arab Moslems during World War II, were not only sympathetic to the Nazi Party, but joined it. Thus, it would not be surprising to find many middle east Moslems who are Al Queda Nazi’s. Finally, I have read books about reincarnation which state that most Nazi’s who died in World War II are now reincarnating in the United States and presumably would provide support for a new Nazi Party movement if they followed the patterns of their last lives. In my view, the original of Aq Queda has been solved. Al Queda is a Nazi Terrorist Organization and it would appear that Opus Dei provides the financial support for the Nazi Party and Al Queda. Food for thought.
Chapter 16 1 Is Opus Dei a Nazi Front Organization? By Anthony J. Fejfar, J.D., Esq., Coif © Copyright 2007 by Anthony J. Fejfar One hears quite a bit about Opus Dei these days. Of course there is the Opus Dei
of the movie the Da Vinci Code which may be real to some extent. But the Opus Dei that I have heard about is the Opus Dei that was founded during Generalissimo Franco’s fascist regime in Spain in the late 1930's, just prior to World War II. What if it all started a little earlier than that, though? Perhaps, Opus Dei was founded in next door Portugal in the early 1930's, not by Franco’s fascist party, but by the Nazi Party. What if Opus Dei is really a Nazi front organization dedicated to destroying the Catholic Church and its social justice movement? Now, it is very difficult to track down concrete facts about Opus Dei. Instead, one hears rumors and second hand information. For example, I have heard that Opus Dei is a
movement dedicated to helping the poor. This seems a little bit odd for an ultra conservative organization. But, if Opus Dei is in fact Nazi, then it makes sense. What better way to fill Nazi Swiss bank accounts with American money than to tell naive Catholics that they should give all their money away to the “poor.” vial Opus Dei. But, what if the money does not go to help the poor, but ends up in Nazi Party coffers in Portugal, Switzerland, or Brasil? I personally have never heard of an Opus Dei street mission, or food bank, or anything else. Now, there are also rumors of rumors of information which depict Opus Dei as anything but Christian. Instead of helping the poor, what if Opus Dei is dedicated to
exterminating the poor? What if Opus Dei is using psychiatry to put progressive and spiritual Catholics in psychiatric wards, destroying their careers? What if it has gotten to the point that an Opus Dei psychiatrist will diagnose a spiritual person with Bipolar disorder or Schizo-affective disorder and then try to force that person into athiestic materialist apostacy in order to get out of psychiatric confinement? What if there is a deliberate effort to then persecute mental health patients, driving them into the street or into suicide? If Opus Dei is a legitimate organization, it must come clean and tell us what its real mission is, and what it does with its money.
Is the Green Party in Germany the Nazi Party Of the Future? By Anthony J. Fejfar, J.D., Esq., Coif © Copyright 2007 by Anthony J. Fejfar The Green Party is a pro-environmental political party which originated in Germany. I am pro-environment as a liberal democrat but I just can’t get myself to join
or support the Green Party. My problem is that I think that the Green Party has the potential to be totalitarian. Here is my argument. The basic platform of the Green Party is that Nature should be our number one value. Protecting Nature is the most important thing, even more important than individual rights. Now, granted, it would not be much of a world if we all had But, on the other hand,
individual rights but no air to breath, who can argue with that?
Patrick Henry, an American revolutionary, said, “Give me liberty or give me death.” I’m not sure I would want to live in an environmentally “perfect” world with no liberty, in fact, I know that I wouldn’t. It would be horrible. Now, Nazi Germany came to power in large part because Adolph Hitler argued for the racial supremacy of Aryan Germans, to the detriment of everyone else. Non-
Aryan Germans ended up in concentration camps, labor camps, or were murdered all in the name of racial supremacy. Could this happen with the Green Party? Perhaps. Undoubtedly the Green Party supports population control as many pro-environmentalists do. With no individual rights to protects us, couln’t all non Green Party Members (read non Nazi Party Members) be executed for the sake of population control? What’s to stop this? Food for thought.
Chapter 18 Law School: An Oxymoron An Allegory By Anthony J. Fejfar, B.A., J.D., Esq., Coif © Copyright 2007 by Anthony J. Fejfar This is an allegorical tale about a world in which law school has ceased to exist. In fact, the Rule of Law is gone, and all that is left is a fascist dictatorship. It all started when the American Bar Association stopped regulating law schools. Of course this had been true for awhile anyway. Only the ordinary law schools ever received an A.B.A. inspection. The “top” law schools are never inspected. What rules there were, were ignored. So, for example, it is widely known that attendance is not taken at top ten law schools. No one goes to class. The whole thing is ridiculous. It is law school without school. The first assault on the Rule of Law came when top ten law schools stopped having a required course in Property law. Because Karl Marx said private property was evil in the Communist
Manifesto, “top” law schools stopped requiring that Property be taken as a class, even though the entire common law is based in the first instance on property law. As soon a Property was gone, the final and most decisive blow was to make Constitutional Law an elective which most students did not bother taking. Karl Marx, in the Communist Manifesto asserted that Law is an illusion and the only real forces in society are economic forces. If Law is an
illusion then it soon became apparent at “top” law schools that Constitutional Law was an illusion as well. Soon, those who argued that individual rights and due process are important, were seen as delusional. As soon as the Constitution disappeared from law schools, it also began to disappear from
the Courts. Sadly, Constitutional Democracy and the Rule of Law were murdered without a shot even being fired.
Chapter 19 Limiting Lawyer Malpractice By Anthony J. Fejfar, B.A., J.D., Esq., Coif © Copyright 2007 by Anthony J. Fejfar Lawyers hate legal malpractice even more than their clients. Law practice is hard enough dealing with Ethics Rules without having to think about malpractice on top of that. Unfortunately lawyers can now be held liable for malpractice in some situations where, in my opinion, it is not appropriate. Two, come to mind, first Cocktail Party, off the cuff advice, and second, Pro Bono work. On one view, a lawyer can create an attorney-client relationship without even knowing it. This can happen when a lawyer goes to a party, or a bar, or a kid’s baseball game, and suddenly casual conversation turns into the other person’s hunt for free legal advice. A thoughtful lawyer might say a word or two without doing any legal research, or really thinking it through, but the conversation partner “client” then “relies” on this advice and it turn out to be incomplete or wrong. In this situation, a Court can hold that the lawyer had a duty to give the conversation partner reasonably correct advice, and didn’t, thus committed malpractice. The other situation which I would like to discuss is that of lawyer charity, or Pro Bono work. Lawyers sometimes take on cases Pro Bono, that is without charging a fee. Sometimes the case is simply interesting, sometimes the client is poor, sometimes the reason is political or jurisprudential. In any event, sometimes Pro Bono clients don’t like the lawyer or the work he is doing and sue for malpractice, again arguing that the lawyer had a duty to give reasonable representation and didn’t. I would like to argue that in both situations, above, the cocktail party advice, and the pro bono case, that the lawyer should be exempt from being sued for legal malpractice. When you stop and
think about it, the real idea underlying professional negligence is that there is a duty that is created by reason of a contract for professional services. Of course damages in tort can exceed the contractual
amount paid, but the real duty placed on the lawyer is done so by reason of a contract supported by consideration. I argue that where there is no consideration paid by the “client” there is no duty on the
lawyers part other than to practice in conformance with the Ethics Rules. Unless the lawyer is being paid, the lawyer should not be liable for legal malpractice.
Chapter 20 Lonergan and Critical Thomism By Anthony J. Fejfar, J.D., Esq., Coif © Copyright 2007 by Anthony J. Fejfar Bernard Lonergan’s philosophical work has been described in various ways. Some call Lonergan a Critical Realist, some call him a Transcendental Thomist. In my work dealing with Critical Thomist philosophy, I build upon Lonergan’s work in a number of respects. First, Lonergan argued that we know much of reality through what he called a “probable judgment of fact.” In his book, Insight, Lonergan spends a great deal of time discussing statistical probability.
The beauty of Lonergan is that his epistemology is fallible. If one finds that one’s understanding or judgment was incorrect, one simply revises one’ judgment. Lonergan point out that one begins with experience, moves to understanding, and judges or reflect that some thing is or is not probably true. If one is so sure that one’s probable judgment of fact is correct, then this becomes a “”virtually unconditioned judgment of fact.” Here one finds the de facto real. Such a judgment, however, is only virtually real, it is not actually real. One might say then that
if one builds up enough virtually unconditioned judgments of fact, one might in a sense create a world of “virtual reality.” While Lonergan was obviously sympathetic to Plato, Aristotle, and Thomas Aquinas, Lonergan did not reconcile his notion of statistical probability with the classical view. Similarly, while Lonergan was sympathetic to the idea of evolution, Lonergan did not reconcile evolution with classical philosophy.
My Critical Thomism does both. A statistical divergence from a classical rule in Lonergan, is known as an illiteration, or logical accident in my Critical Thomist work. Similarly. I argue that
evolution is structured in part through such classical concepts as substantial form, material form, accident, accidental cause etc. While Lonergan obviously was influenced by classical philosophy he was not able to reconcile his new Critical Realist philosophy with classical thought.
Chapter 21 1 Mind Control: An Allegory A work of Fiction By Anthony J. Fejfar, J.D., Esq., Coif © Copyright 2007 by Anthony J. Fejfar Joe Scanlon works for the National Counterintelligence Agency (NCA). Although it is not widely known, the NCA is responsible for domestic espionage in the United States, not the Central Intelligence Agency (CIA). In fact, the charter of the CIA specifically prohibits CIA agents from spying domestically in the United States. Growing up in the midwest United States, Joe Scanlon was an intuitive kid. His mind, his consciousness was gifted with intuition from child birth. When Joe was 3 years old, during the Kennedy administration, at the height of the cold war, Joe took an ESP test given by the NCA in his preschool class and was recruited . Sometimes an NCA agent would come and get him out of class and give him training, always hypnotizing him to consciously forget the training session afterwards. He was told about aspects of American and European History that the general public was not aware of. He was also taught the basic principles of Neuro-Linguistic Programming, a type of hypnosis. Finally, his NCA mentor began working with Joe’s unconscious Joe was taught to be a “sleeper agent” on behalf of the
mind using psychic abilities.
United States government and the NCA in his own country, in the case of a coup attempt against the government. On a conscious level, Joe did not even know that he was an NCA operative. Gradually, most of his training began to done psychicly in his sleep. Joe majored in management in undergraduate school and then went to law school, finishing at the top of his class. He worked for a few years in a medium size law firm in the midwest and then got a job on the east coast as a law professor. Joe got married and had two children. At age 40, Joe got activated by the NCA. He didn’t know this consciously, at first, but it definitely happened. Joe received an intuitive message that he was to undergo two nights without sleep in order to break through to his unconscious mind and begin pychic channeling. It happened. After two nights without sleep he was
suddenly internally dialoging with an aspect of himself called Regina. Regina soon left his conscious mind and he began to meet other persons on the astral plane in his mind’s eye, internally. Most of the beings he met internally were vicious and uncooperative. grocery store. Joe figured that he was channeling these people “just out of frame” in a parallel universe. He had all sorts of interesting coversations with people, but no real time response. That is, no one ever came up to him and said, “hey, are we channeling together?” Joe kept teaching at the law school and soon discovered that he was channeling the Dean, the Vice-Dean, the faculty, and his students. While Joe kept his mouth shut, it appeared to him that he was finally having some sort of real time effect. For example, it was channeled to him that the Dean, Vice-Dean, and After two years of inner work he began to channel ordinary people at the
most of faculty were Opus Dei, Al Queda, with some connections with the Cuban KGB. About this time Joe began channeling the NCA watch desk, at Langley, Virginia, CIA headquarters. Soon, he was reporting information psychically to the NCA at Langley. Based upon channeled information, Joe was able to determine that Opus Dei was a Nazi front organization and the Al Queda was a Nazi terrorist organization. While the naive underlings at Opus Dei were told that the mission of Opus Dei was to “restore” Papal authority in the Church, the real mission of Opus Dei was to destroy the intellectual, spiritual, and social justice wings of the Catholic church to further the agenda of the totalitarian Nazi Party. Finally. Joe discovered that Opus Dei and Al Queda were using psychic abilities in combination with Neuro-Linguistic Programming, in order to brain wash Americans and use mind control on them to convert them to the Nazi cause.
Chapter 22 Lonergan’s Cognitional Structure By Anthony J. Fejfar, B.A., J.D., Esq., Coif © Copyright 2007 by Anthony J. Fejfar
Although I have discussed Lonergan’s Cogntional Structure before, it is such an important topic that I thought I would touch on it again. In his Essay, “Cognitional Structure,” found in Second Collection (1967)(Imprimautur and Nihil obstat) (the Good House Keeping Seal of Approval of the Catholic Church), Jesuit Philosopher, Bernard Lonergan presents his basic epistemological stance. Knowing, according to Lonergan, takes place not on the level of empirical consciousness as the empiricists and some logical positivists would have us believe, not on the level of understanding as the idealist, rationalists, as some other logical positivists would have use believe, not simply through an undifferentiated idea of wisdom or intuition, as some others might have us believe, but rather through the threefold interrelated structure of experience, understanding, intuitive judgment and reflection. On the level of experience knowing is much like Philosopher Husserl would have us believe when we institute the Epoche, using phenomenological method. In fact, in order to have any conscious understanding of experience at all, we must institute the Epoche, and try to “bracket at preconceptions and let the thing (body) speak for itself.” It is possible if one puts one’s mind in a trance state, to
bracket or give up all meaning categories. This would be much like an infant’s mind who is trying to understand his or her world before having the gift of language. Another example of experience is produced when considering the experiment of placing a straight stick into a glass tank of water. To the experience of the observer, the
stick looks crooked.
On the level of understanding, we can hypothesize that the stick is really straight,
even though it looks crooked, as the result of an optical illusion. The water acts as a prism, bending light in such a way that the stick, by way of visual sense impression, has the appearance of being crooked. On the level of judgment, we can critically judge that the stick is straight and not crooked, even though our sense impressions, or experience, tells us otherwise. This experiment shows us that Logical Positivism as a philosophy is flawed at best, blatantly false at worst. Although Lonergan did not discuss it, it is clear that level three consciousness involves the intuitive functions of judgment and reflection. Insight on the levels of both understanding and judgment comes from Intuition. Intuition is a natural gift of the Spirit. All real art, poetry, new philosophy, new theology, and new inventions, comes from Intuition. If we wish to be successful and to really be Lonerganians, we must become Intuitive Mystics. Intuition serves us much better than Omniscience. Intuition can also be developed or increased through the use of meditation and the receipt of the Holy Eucharist at Mass.
Chapter 231 Motivation and Self-Transcendence By Anthony J. Fejfar, J.D., Esq., Coif © Copyright 2007 by Anthony J. Fejfar Abraham Maslow, in his work on management and work motivation, states that the highest level of motivation is that of “Self-Actualization.” highest level of motivation is that of Self-Transcendence. In his Book, “Motivation and Personality,” Abraham Maslow describes the levels of motivation that humans have based on human needs: 1. 2. 3. 4. 5. Physiological Needs Safety Needs Belongingness Needs Esteem Needs Self-Actualization Needs I, on the other hand, argue that the
Thus, the most basic need for a human being is food, clothing, shelter, etc. Next, is the need to be safe from attack or natural disaster. Next, is the need to belong. Next is the need to have selfesteem, or to feel good or positive about what one has accomplished. Finally, there is the need to selfactualize. The need to self-actualize is the need to actualize meaningful projects in one’s life. But, I argue there is at least one more level of Need, and Motivation, that is, Self-Transcendence. Thus, the scale of needs is as follows:
1. Physiological Safety Needs 2. Belongingness Needs 3. Esteem Needs 4. Self-Actualization Needs 5. The Need for Self-Transcendence Jesuit Philosopher Bernard Lonergan argues in his work that humans have a need for SelfTranscendence. This means that one must move beyond the ego to the Self, and, then, Transcend with the Self. The Self is the Spiritual aspect of the person. Thus, Self-transcendence means that one transcends the ego with the Self and chooses higher Spiritual Values. I argue that this, level, SelfTranscendence, is the Highest Level of Human Motivation, and that Maslow’s work needs to be revised.
Chapter 24 Natural Law and Music By Anthony J. Fejfar, B.A., J.D., Esq., Coif © Copyright 2007 by Anthony J. Fejfar Some people doubt the existence of Natural Law. Some go as far as to say that believing in Natural Law is delusional. Typically, we think of Natural Law as applying in such areas as Ethics or Morality. But in fact, Natural Law applies across a wide spectrum of human activity. One such area is Music. Now, you may not know it, but Music has a Natural Law Mathematical structure to it. The tones and octaves of Music can be represented Mathematically. In fact, during the Medieval period in Europe, Royals and the Nobility were tutored in Music by learning the Mathematics of Music first, before learning to play a musical instrument. Some composers of Music also understand the Natural Law Mathematics of Music and use this knowledge in writing new Music. Now, you may not have really understood the point here. A carved flute, a set of drums with tones, a strung guitar of wood, all can be made my human hands and played, and, the Music which comes out of each of these instruments, magically, so to speak, can be understood and represented Mathematically. Thus, it is clear, by reason of this proof, that Natural Law Music inheres naturally in the very state of Reality itself, prior to any human understanding of it. This, of course, applies by analogy in other areas of human endevour.
Chapter 25 Nazi Dupes A Political Allegory By Anthony J. Fejfar, B.A., J.D., Esq., Coif © Copyright 2007 by Anthony J. Fejfar There once was a time when you knew you could count on certain things. That time was not that long ago. Maybe only 20 or 30 years ago. During that time period you could basically figure that
blacks and jews were in the Democratic Party and were anti-Nazi. But then something happened. I guess people started forgetting about World War II and I guess they started not believing in the United States Constitution. And I guess that these people are basically bullies and cowards. What started happening is this, Nazis started coming to the United States from Brazil, Portugal and East Germany, and, instead of going after blacks and jews like you might expect, they started recruiting them. So we have white Aryan, presumably German, Nazis joining with jewish and black Nazis to form a new fascist political alliance. The problem was of course that if the jews and the blacks were not to be the Nazi victims, who would be? Answer, Catholic liberal democrats, Spiritually Catholic people, Catholic Social Justice advocates, Hispanic Catholics (non Cuban) and the mentally ill. The Nazi pogrom was getting underway when the Catholic realized what was happening and put an end to it.
Chapter 26 Oblivion An Allegorical Tale By Anthony J. Fejfar, B.A., J.D., Esq., Coif © Copyright 2007 by Anthony J. Fejfar There is a place called “Oblivion.” It is located outside of Space-Time. Some go to Oblivion voluntarily, and some are banished to Oblivion. Oblivion is a Place where the entire World of Oblivion is structured by the Metaphysical Quiddity of Reciprocity. In Oblivion, everyone is forced to be reciprocal. What does this mean? It means that automatically, and immediately, as one acts in relation to reality, reality, reciprocally, acts back upon the person in a similar way. For example, if I enter Oblivion with a negative attitude, wishing the worst for all who live there, then, Oblivion acts immediately back to make my world the worst of all possible worlds for me. If I go into Oblivion with the attitude of trying to Murder and Torture everyone there, then I will be murdered and tortured. On the other hand, if one enters Oblivion with a Positive Attitude, then Oblivion will produce positive things for me. If I enter Oblivion with the idea of loving and helping Others, then in Oblivion, others will love and help me. If I enter oblivion with the idea of autonomy for myself and others, Rational Self Interest for myself and others, Self-Actualization for myself and others, and SelfTranscendence or Compassion for myself and others, then that is what I will find for both myself and others in Oblivion.
So, if you are ever offered Oblivion here, or in the hereafter, be careful. If you are negative you will find Hell, de facto, and if you are positive, you will find Heaven, de facto.
Chapter 27 Psychiatry and Justice By Anthony J. Fejfar, B.A., J.D., Esq., Coif © Copyright 2007 by Anthony J. Fejfar While I have sometimes been critical of psychiatry in the past, I would like to point out one instance where psychiatry helps promote justice. Psychiatry, interestingly enough, can help to end the “frame” of a criminal defendant. Here’s how it works. John Doe is a political columnist for a local newspaper. John Doe thinks that he has the protection of free speech and freedom of the press under the United States Constitution. John Doe writes a political column where he makes fun of the local govenor for being corrupt. Soon after this,
John Doe is arrested, involuntarily committed to a psychiatric ward, and then later charged criminally with aggrevated assault for alledgedly hitting the cop who arrested him on the original involuntary commitment. John Doe spends 2 months on a psychiatric ward for having “dangerous ideas,” and then at the time of his discharge, is arrested off the ward, and charged criminally with aggrevated assault on a police officer. John Doe spends 20 days in jail and then is transferred to a forensic psychiatric ward for evaluation of judicial competency to stand trial. After the transfer, John Doe complains to the forensic psychiatrist that he has been “framed” by the police and prosecutor on false charges. John Doe insists that he never committed aggrevated assault, and that the cop and prosecutor made the whole thing up. What is the forensic psychiatrist to do in this situation? Well, what he does is to diagnose John Doe with schizo-affective disorder for having the “delusion” of being “framed.” Now, this may seem unfair, but in fact this is probably the only way that John Doe will avoid spending the rest of his life in
prison as a result of the frame. The psychiatrist really doesn’t even have to believe John Doe, one way or the other in order for this technique to work. The psychiatrist presumes John Doe to be delusional about the frame, and this is precisely what makes John Doe judicially incompetent to stand trial at the time of trial. Whether he knows it or not, the psychiatrist is a hero.
Chapter 28 Purgatory and the Nature of Reality
By Anthony J. Fejfar, B.A., J.D., Esq., Coif © Copyright 2007 by Anthony J. Fejfar Once upon a time a lot of people believed in Heaven and Hell. Even longer ago in time, many people believed in Purgatory. I argue that Purgatory best represents the real Nature of Reality and that both Heaven and Hell are antiquated concepts. First let us talk about Heaven. What is the nature of Heaven? What is Heaven like? Well, in point of fact there is no agreement. Some think that we will spend eternity in heaven going to church and praying. Others think that this would be boring and not Heaven. Some think that Heaven is like Paradaise, and that Heaven will be filled with great food, entertainment, etc., and of course, with a suitable number of beautiful women (or men) of the opposite sex, just waiting for the perfect relationship. Others think that there will be no sex at all in Heaven and that beautiful people will not be allowed in. Interestingly, even some Satanist think that they will be going to Heaven. These are extremely irrational people who think that anything can mean anything. So, they define evil as good, as good as evil, and Heaven as Hell, and Hell as Heaven. They are so deluded that they think that they will go to Heaven for being evil. Obviously, most people come to the more sensible conclusion that good people go the Heaven and evil people go to Hell. Then there is Hell. Since about 1960, or so, Hell has become an increasingly unpopular concept. The idea that a Good God would leave a person in Hell forever, suffering torture, seemed a
little bit extreme. So people soon either tried to redefine Hell, or to define it out of existence. Additionally, there were always conceptual problems with Hell. If you were truly evil then you went to Hell. But, the problem was that Satan was in charge in Hell. Satan is considered to be evil. In fact, it is generally thought that Satan tempts people to be evil on Earth. So, if one was Satanically evil, then one might ask why Satan would torture you in Hell. Perhaps he might reward you for being evil. Somehow, it only makes sense that people are punished in Hell if God is in charge in Hell, not Satan. But, then, some contemporary theologians define Hell as the complete separation from God. Obviously, both cannot be true. If God is in charge in Hell, then obviously a person in Hell is not separated from him, instead one is being punished by him. The last problem with Hell is ecumenism. Many Catholics and Protestants are ecumenical, that is, they try to find the Spirit in other religious traditions. Where before, my Protestant friend might think I was going to Hell for not being a “Born Again” Christian, and I, his Catholic friend might think that he was going to Hell for missing Mass on Sunday, or something else, after ecumenism, this began to fade. In fact, even in the old view, many of us cheated, praying for a friend or relative who was in the “wrong” religion. This was especially true when there were children of mixed Protestant Catholic marriages. It’s hard for a kid to think that one of his parents was going to Hell for being in the wrong religion. Finally, there is Purgatory. Purgatory is defined as a place which is conducive to Spiritual Growth. In the old view, the idea was that you spent time in Purgatory before you could go to Heaven. Once in Purgatory, you could not go to Hell. On the other hand, in the old view, I guess it was possible that some would spend a very long time in Purgatory, never quite “getting it.” Now, I would like to argue that Heaven and Hell no longer exist, if they ever did, and instead what exists is something like Purgatory. Purgatory is a place for education, reflection, and Spiritual
Growth. One might argue that Purgatory ranges from “Virtual Heaven” on the top end, to “Virtual Hell,” on the bottom end. Purgatory is a Spirit World which is based upon the paradigm of spiritual and intellectual growth. Those who are in sync with this paradigm find Purgatory to be Heavenly, and those who are not, find it to be Hellish. You see, if you spend all your time on Earth being antiintellectual and anti-spiritual, then you are going to find Purgatory to be a difficult place to be. Recall, at this point the notion of Reincarnation. I argue that Reincarnation is ordered toward personal growth, both spiritually and intellectually. In his book, Journey of Souls, by psychologist Michael Newton, Newton describes a Spirit World which is ordered toward spiritual and intellectual growth. It is this World, this Purgatory, that we return to between lives on Earth. If we do not learn our lessons in the Spirit World, then we must learn them on Earth in later lives. Perhaps, then, Hell only exists for those who reject the existence of Purgatory, and for no others. Since spiritual growth can go on forever, it would seem that the notion of a “Perfect” Heaven is not logical.
Chapter 29 Quantum Physics and Sunlight By Anthony J. Fejfar, B.A., J.D., Esq., Coif © Copyright 2007 by Anthony J. Fejfar When I was a undergraduate student at Creighton University, I had a physics class in which we studied the properties of light. What I remember is that Sunlight acts both as a Wave and as a Particle. This was an anomaly that the professor could not explain. After giving it some thought, here is the explanation that I am proposing. First of all, I am going to argue that all Sunlight is composed of Photon subatomic particles. No atoms, no molecules, certainly no cells, just Photons which are subatomic particles. But, now, the problem raised above. How is it that Sunlight can have both a particle and a wave function? My answer is this. Under the Unified Quantum Field Theory which I have developed, I argue that each Photon subatomic particle is really a Quanta subatomic particle. Since the Quanta subatomic particle is a chameleon particle, it makes sense that it could shift its structure and manifest as a wave rather than a particle. This hypothesis seems to confirmed by the very nature of Sunlight itself.
Chapter 30 Reason and Higher Love By Anthony J. Fejfar, B.A., J.D., Esq., Coif © Copyright 2007 by Anthony J. Fejfar Some philosophers have equated Reason with Rationality. In fact, the two are not the same. This point is made by Developmental Psychologist, Erik Erikson. Erickson argues that Reason is composed of both an affective element, that is, Love, and a rational element, that is, Logic. Erikson is mistaken in saying, however, that the type of Love involved is parental love. Instead, I would argue that the Love involved with Reason is in fact intellectual Love, or the Love of Logic. The Love of Logic is a Higher Love. It is intellectual love. It is a Love which is ordered toward higher things. There are human beings, typically philosophers or lawyers, who love logic. They love the beauty of a logical syllogism and the beauty of logic itself. Reason, then, is 90% logic and 10% love (of logic). Because there is an affective element to Reason it is not as coldly objective as rationality itself. A Reasonable person can compromise and a Reasonable person can feel compassion. A Rational person typically does not compromise and does not feel compassion. This is why Reason is superior to Rationality.
Chapter 31 Reincarnational Estoppel: An Allegory By Anthony J. Fejfar, B.A., J.D., Esq., Coif © Copyright 2007 by Anthony J. Fejfar Life is tough. There is no doubt about it. One of the toughest things in life is deciding whether or not to believe in reincarnation. The idea of reincarnation, is, of course, that each of us has a Eternal Soul, and, that after death in a given life, one’s Soul goes not to Heaven, not to Hell, not exactly, but instead to someplace like Purgatory, which is typically thought of as a Spirit World. In this Spirit World, one first has a life review of one’s immediate past life, looking at what you did right or wrong, what you learned and what you didn’t learn. You are then placed with a Soul Group where you spend time studying, in general, and for your next life. You spend part of your time selecting where you will live, who your parents will be, what type of body you will have, what country you will live in, etc. You then prepare to come to Earth for you next life, typically, ensouling your body between the 6 month and 9th month of your mother’s pregnancy. Now, there is another story out there, and it goes something like this. You die and then your Eternal Soul goes to Heaven, Hell, or Purgatory, forever. No second chances. No going back to Earth. And, one suspects, not too much fun. Here is the problem. Many in our society are taught that reincarnation is a false doctrine and because of this do not believe in reincarnation. Even more so, some of us take it one step further and do everything we can to persecute those who do believe in reincarnation by trying to kick them out of the Church, or put them in jail, or put them on a psychiatric ward. All of this in spite of the First Amendment protection that all of us are supposed to have for religious or philosophical beliefs.
Which brings up the last point here, that is, the Doctrine of Reincarnational Estoppel. Under the Doctrine of Reincarnational Estoppel, one who denies reincarnation, and even more so, one who persecutes others for believing in reincarnation, is estopped in Equity from reincarnating. Instead the
person spends some time in Heaven, Hell, or Purgatory and then gets a “mind wash” forgetting all past life experience and identity, and then is forced to reincarnate under the supervision of Spirit Guides or Archangels. In this sense the old person that was, is now gone forever.
Chapter 32 1 Self-Actualization
By Anthony J. Fejfar, J.D., Esq., Coif © Copyright 2007 by Anthony J. Fejfar Abraham Maslow, in his work on management and work motivation, states that the highest level of motivation is that of “Self-Actualization.” Maslow spends a great deal of time describing what self-actualizing people do when working, but does not spend a great deal of time discussing exactly what Self-Actualization is. Self-Actualization can be defined at a person’s attempt to actualize projects which that person finds meaningful. So, the first thing we can say about Self-Actualization is that it is
existential in nature. The projects which the self-actualizing person attempts to implement, are projects which that person finds meaningful. Not someone else, you! Your meaning. The second aspect of Self-Actualization is the notion of “actualization.” The person must actualize a project. In the first instance, actualize means to make something happen, but it is
more than that. To actualize means to use love, creativity, positive intentionality, attentiveness, intelligence and reason, to help bring the project into existence. Hatred and other base or negative emotions have no place in self-actualization.
Finally, Self-Actualization only takes place in the context of a project which the
person is trying to implement. Without a project or projects Self-Actualization is impotent and only partial in nature. Self-Actualization is practical. Self-Actualizing people work on something. The above, then describes Self-Actualization. The intelligent parent and manager
should keep the above in mind when attempting to motivate a child or employee to work.
Chapter 33 Seth, Consciousness, and Critical Thomism By Anthony J. Fejfar, B.A., J.D., Esq., Coif © Copyright 2007 by Anthony J. Fejfar In the Seth books by Jane Roberts, Seth argues that the ultimate nature of Reality is Consciousness, and that the ideas which Creatively Flow from Consciousness are the basis for structuring and creating our Reality. I, on the other hand, have argued that reality flows from the tripartite function of God the Father (Being), God the Son (Logos), and God the Holy Spirit (Substance). How then, can these two views of the fundamental nature of reality be reconciled? In point of fact, it is apparent that Consciousness, for Seth, in many ways parallels the trinity that I have described above. Substance is a metaphysical quiddity which involves Absolute Relationality, Love and Truth. Logos involves Creative Form, which creatively produces forms or ideas which structure reality. Finally, Being holds all forms in place as Form of Form. Thus, it is apparent that the metaphysical trinity that I have described performs the same function as Consciousness, for Seth. I suppose, somehow, that Consciousness, for Seth, is the integration of Being, Logos, and Substance. I imagine that if we had to pick one of the three, that Substance itself is the same as Consciousness is Seth’s system. Thus, Critical Thomist realism and Sethian idealism are reconciled.
Chapter 34 Substance and the Holy Spirit By Anthony J. Fejfar, B.A., J.D., Esq., Coif © Copyright 2007 by Anthony J. Fejfar Philosopher Henri Bergson argues that the ultimate nature of reality is mobility. I argue that when it comes to God, the mobility of God is found primarily in the Substance of the Holy Spirit. As it says in the Book of Wisdom in the Catholic Bible, the Holy Spirit of Divine Wisdom is “mobile mobility.” What then can we say about the Holy Spirit in more philosophical terms? Well, Bergson argued that the highest reality principle was the Absolute. What is the Absolute? The Absolute is Absolute Relationality. Only Intuition or Mysticism can really understand this, but this is it. The Holy Spirit, then, as Substance is Absolute Relationality. Because the ultimate nature of reality is probabilistic and relative, it makes sense then that the antidote to relativism is Absolute Relationality where all aspects of reality are related to simultaneously so that an Absolute which transcends relativism manifests. Substance, the Holy Spirit, then, is Truth, Absolute Relationality, and Love. If it can be said that relationality is a feminine virtue, and I think it can, then it seems to me that the Holy Spirit is in many respects a feminine Spirit. As I have argued before, the Holy Spirit of Divine Wisdom is the Holy Spirit as Feminine.
Chapter 35 The Lease as an Equitable Use By Anthony J. Fejfar, B.A., J.D., Esq., Coif © Copyright 2007 by Anthony J. Fejfar The origins of the modern lease are obscure. Historians have argued that the lease was originally a vehicle used by usurious money lenders in medieval England to avoid the ecclesiastical and equitable prohibition against usury, that is, lending money at interest. Instead of a loan with interest, the lender would become the tenant of a noble with land, and lease the land from the landlord noble for less than fair market value as a way of collecting interest. The rent was in essence the loaned money, and the discount to the tenant lender was the equivalent of interest. It is said that because the earliest tenants were really usurious lenders, that the equity courts would not intervene to protect tenants rights. Instead, the tenant’s estate was considered to be a non-
freehold interest which was governed by common law property law in the law courts. Soon, however, the lease was transformed from the lender tenant situation to what we normally expect, that is, a lease from a financially successful landlord to a tenant with little money. One would expect that equity would intervene to help the poor tenant, but because of the usurious origins of the lease, equity did not. It is time that the medieval rule governing leases should change. The tenant should be seen as receiving an equitable estate or equitable use from the landlord so that equity courts can intervene on behalf of tenants against the more powerful landlords.
Chapter 36 1
The Christ Child By Anthony J. Fejfar, J.D., Esq., Coif © Copyright 2007 by Anthony J. Fejfar In eastern and pagan religions there is the god known as the Eternal Child. For Catholics, especially cradle Catholics, the
Eternal Child is the Christ Child. Fully God, fully human, and fully kid. I have read books by various authors who all agree that spirit guides or angels work with us in our sleep to help us. I argue that this process takes place for Cradle Catholic kids in a very intense way. Cradle Catholic kids, by the way, are kids who are baptized Catholic in infancy and raised Catholic. Cradle Catholic kids get both barrels of the Holy Spirit at an early age. Not only do they experience Christmas and the Nativity during the magical play stages of childhood, they also have the supernatural benefit of Baptism. Baptism is Magic. Baptism places all the Holy Archetypes
of all the Saints, the Angels and Archangels in the Soul and consciousness of the newly Baptized baby. I would not be surprised if the Gospels themselves were not magically etched upon the souls of the newly
baptized. Moreover, every Cradle Catholic kid has the Christ Child as his or her primary teacher. The Cradle Catholic kid of age two, in his or her sleep has an OBE, (out of body experience), shifting his or her soul or astral body into Heaven where he or she plays with the Christ Child as is taught many secrets of Catholic Wisdom. For those converts who are not Cradle Catholics, I can only say that with Catholic Reincarnation, you will have to try another life born as a Cradle Catholic, to really get it.
Chapter 37 The Contingent Loan for Attorney’s Fees and Expenses By Anthony J. Fejfar, B.A., J.D., Esq., Coif © Copyright 2007 by Anthony J. Fejfar In Europe, Contingent Fees are thought to be immoral, while in the United States, Contingent Fees to Attorney’s in Plaintiff’s civil cases are fairly common. The typical contingent fee agreement provides that the attorney will receive a percentage of any recovery that the client receives from the opposing party in litigation. Traditionally, the lawyer receives 25% of any recovery which takes place before trial, 33% of any recovery which takes place during or as a result of trial, and 40% of any recovery which takes place on appeal or as a result of an appeal. In lawsuits where a large amount of damages are alleged, if the case is won, and the money recovered on behalf of the client, it is possible that a lawyer will recover hundreds of thousands of dollars in a given case. Contingent Fee lawyers argue that this system is just because they don’t always win every case. In order to make up for the loss in a losing case, the lawyer gets what appears to be a large windfall in a winning case. The idea is that it all evens out. The problem is, however, that some contingent fee lawyers are very good at what they do, and very successful too. They only take “winning” cases and when they win they get paid handsomely. Some argue too much. Another way of financing a case in litigation is for the client to barrow money. Traditional financing is difficult to come by for the ordinary client, and, the ethics rules prohibit a lawyer from loaning money to a client on the theory that this creates a conflict of interest. Given, this situation, is there anything that we could come up with which would take the best of the contingent fee and the
litigation loan and form a new vehicle for financing litigation? I argue that the Contingent Loan for Attorney’s Fees and Expenses will help solve the problem. A Contingent Loan for Attorney’s Fees and Expenses is a loan made by an investor, a bank or a law firm, or another person, where repayment of the loan is contingent upon the client recovering money in a lawsuit. This is like a contingent fee because the obligation to repay is contingent upon the client’s recovery of money in a lawsuit. But the amount of the contingent loan is based upon the actual attorney’s fees charged and expenses incurred. So, in a typical case, Attorney’s Firm loans Client $15,000 as a Contingent Loan for Attorney’s Fees and Expenses. This money then goes into the Lawyer Trust Fund account for the Client’s benefit, against which the lawyer will bill his fee of $150 per hour. Expenses are also reimbursed from the Client’s Lawyer Trust Fund Account. Because of the risk involved, the bank or Law Firm get a premium interest rate of 25% on the principal amount per annum. The only way the Client is ever personally liable for the amount loaned is if the Client fires the Lawyer prior to the conclusion of the case. Additionally, in a case where no money is recovered for the Client in the lawsuit, the lender bank or Law Firm will be entitled to a $15,000 business loss on its income tax return. I argue that this new litigation financing vehicle is ethical and legal. There really is no more
conflict of interest for a lawyer than there would be with an ordinary contingent fee. I also argue that this way of financing civil litigation would be economically efficient. Successful civil lawsuits end illegal freeloading by persons who break the law.
Chapter 38 The Correcting Entry: Toward a New Generally Recognized Accounting Principle By Anthony J. Fejfar, B.A., J.D., Esq., Coif © Copyright 2007 by Anthony J. Fejfar Although I must admit that I have only had 6 hours of accounting, it may be that the idea of a little knowledge is inspiring rather than dangerous as some might think. If you are like me, you have a checking account, and, at the end of every month you have to do a reconciling balance to ensure that you and the bank think that you have the same amount of money in your account. The interesting thing about a checking account is that it is remarkably like an accounting system. In fact, if you look at your check register, there is a column for both credits and debits. Now, in trying to balance my checkbook over the years I have found that I am typically off by a small amount of money, maybe only two or three dollars, in an account which had anywhere from a couple of thousand dollars in it, down to about $500. If I were to follow the rules that I learned in my accounting classes, I would have to spend hours trying to find out why my balance was off by two or three dollars. Since I think that my time as a lawyer is worth at least $50 per hour, I found that I was spending over $100 to correct an error which was only two or three dollars. This is economically inefficient. Interestingly, the issue which confronts me with my checkbook can also confront a Certified Public Accountant, performing an audit. At the end of the audit, things are supposed to balance. Of course it costs money to have an audit performed, and, if the accountant is billing hourly, the time taken to find the error might be very expensive. Once again, if the company had $3 billion budget and the
balance was off only by $100, it does not make much sense to spend thousands of dollars in accountant time trying to correct the problem. So what do we do? I argue that where the amount involved in a balance discrepancy is de minimus relative to the overall budget or account involved, that it is perfectly acceptable to set up an “adjusting entry account,” to reconcile the balance. The idea, attractivc to me as a lawyer, but perhaps unattractive to some accountants who desire perfection, is that when you are only off by a small amount, you simply make a credit or debit entry in to the “adjusting entry account” in order to get the “correct” balance. This could be made into a Generally Acceptable Accounting Principle (GAAP) and then we could all go home at night feeling good that we had balanced the budget, and have saved ourselves some time and money to boot.
Chapter 39 1
The Dark Side of the Force By Anthony J. Fejfar, J.D., Esq., Coif
© Copyright 2007 by Anthony J. Fejfar In Star Wars, and the Star Wars Universe, the Force takes the place of Being as the primary metaphysical concept. Luke Skywalker is encouraged to integrate the Dark Side of the Force, without being engulfed. The secret of this is of course to stay with Gray Magic and not to stray into the realm of Black Magic. Annakin Skywalker, Luke’s father, fails in his attempt to integrate the Dark Side of the Force during his lifetime. Annakin is overcome by the Dark Side and becomes the evil Darth Vader. Annakin’s failure is twofold, first, he allowed himself to develop and use Black Magic instead of Gray Magic. Second, Annakin, allowed his base emotions to control his mind rather than relying on the higher emotions. hatred. The base emotions are fear, jeolousy, and
Hatred, as such, never works. It destroys the person who hates as
much as anyone else. Instead, one should have the attitude of love. Loving everything and everyone as much as possible. Real detachment comes from love not from repression. If the Force exists, it is Gray Being, not Black.
The Episcopalian Catholic Church By Anthony J. Fejfar, B.A., J.D., Esq., Coif © Copyright 2007 by Anthony J. Fejfar After much reflection, I have come to the conclusion that I am an Episcopalian Catholic. Now, most people are familiar with the Episcopalian Protestant Church, so the idea of an Episcopalian Catholic Church may seem a little bit odd. I, however, take the position that the Episcopalian Catholic Church has been around for quite some time, we just didn’t realize it. You see, in the East, it is still well known that the Byzantine Catholic Church exists. Many people that we consider to be Eastern Orthodox Christians, are really Byzantine Catholic. I argue that
when the Byzantine Catholic Church comes West, that it takes on the name of the Episcopalian Catholic Church. I think that this first happened in the Kingdom of Bohemia, what is now part of the Czech
Republic. You see, I don’t think that Bohemia was ever really part of the Roman Empire, instead it was right on the edge. Bohemia was Byzantine Catholic up until the time of King Henry the Eight of
England, who had for a time as his Queen, Anne of Bohemia, also known as Anne Boleyn. When Henry married Anne, Bohemia became part of Great Britain. When Henry broke from Rome and started the Anglican Church, Catholics in Bohemia started calling themselves Episcopalian Catholic, not wanting to be either Roman Catholic or Anglican (The Church of England). I argue that when Anne came to England to marry Henry she brought with her tens of thousands of Bohemians from her Kingdom. These Bohemians were left stranded in the British Isles after Henry divorced Anne Boleyn and started the Church of England. I argue that the House of Stuart had ties to the Bohemian aristocracy and was not Anglican, nor Roman Catholic, but rather Episcopalian Catholic.
When Episcopalian Catholics came to the American Colonies, prior to the revolutionary war, they found Anglican Churches and Roman Catholic Churches, but few Episcopalian Catholic Churches. When the revolutionary war came, the Colonists left the Anglican Church, that is the Church of England which supported the monarchy of King George, and joined the Episcopalian Church. These Episcopalians, however, considered themselves Protestant with their roots in the Anglican Church not the Byzantine Catholic Church. More immigrants came from Bohemia and Great Britain over time to America who were Episcopalian Catholic, and now were faced with an even more interesting dilemma. They were not Anglican, they were not Roman Catholic, and they were not Episcopalian Protestant, and because they did not have sufficient numbers or political power they had to try to fit into the established categories. Thus, even today, I argue that many of us are Episcopalian Catholic, even though we may be formally affiliated with the Anglican Church, the Episcopalian Protestant Church, or the Roman Catholic Church. It is time for the Episcopalian Catholic Church to develop its own identity.
Chapter 41 The Ethical Dilemma of Flyboys By Anthony J. Fejfar, B.A., J.D., Esq., Coif © Copyright 2007 by Anthony J. Fejfar In the Movie, Flyboys, there is a scene where Beagle, a world war one fighter pilot is shot down and crash lands in the no-man zone between the French and German lines. Beagle’s right hand is caught between the ground and the wing of his crashed fighter plane. Rawlins, another fighter pilot in Beagle’s squandron, lands in the no-man zone in an attempt to rescue Beagle. When Rawlins trys to help Beagle get Beagle’s hand loose from under the crashed aircraft, he has no success. Rawlins then comes up with the idea of using a combat trenching shovel which he found nearby to cut off Beagle’s hand at the wrist in order to save Beagle’s life. So, Rawlins is apparently faced with an either/or situation. Either he cuts off Beagle’s hand, or he leaves him there to die from enemy shell fire. Life seems to give many either/or situations to us, where either choice involved is not particularly attractive. There is another approach to this type of situation, however, which is called “the third way,” or sometime called, “thinking outside the box.” the ABA Journal, Steve Keeva wrote about this in relation to legal practice. In the movie, if Rawlins could find the “third way” and “think outside the box,” then maybe a better solution to the problem might present itself. I watched the movie several times before it occurred to me that if the shovel was that sharp, there was no reason that Rawlins could not have hacked away a piece of the aircraft wing which was trapping Beagle’s hand in place. In the stress of the situation, Rawlins did not even try this innovative solution, and seemingly did not even think about it. In
Creativity is a gift and it is a gift which often disappears in high stress situations. The same is true of intution. If we are trying to create a better world, I argue that we need to train managers,
lawyers, doctors, etc., to develop the ability to be creative or intuitive under stress. If Rawlins had been able to do this, then Beagle would have been able to escape with both hands intact. Obviously, a better solution to the problem.
Chapter 42 The Fallacy of Shifting Ground By Anthony J. Fejfar, B.A. (Phil.), J.D., Esq., Coif © Copyright 2007 by Anthony J. Fejfar One of the more interesting, and often unnoticed forms of arguing falsely, or fallaciously, the the Fallacy of Shifting Ground. The whole idea is not very complicated, it works like this: I start
out an argument having the key word defined implicitly or explicitly as Definition A, during the middle of the argument I then, without really letting anyone know, shift the key word definition to Definition B, and continue the argument. Let me give an example. I’ll make up an interesting word, “Theosphany.” Now, as far as I know, Theosphany doesn’t really even have a definition, but I’ll make one up. Let us assume for the sake of argument that the word Theosphany means political theology. Here is the situation. I am on a law faculty and one of the faculty members believes in liberation theology. At a faculty meeting, Stan Smith attacks the professor, Joe Farmer, and accuse him of Theosphany. Stan Smith tells everyone that Theosphany is one of the most terrible crimes there is, and additionally, that Theosphany is a serious sin. Joe Farmer tries to defend himself. He asks, “Why do you think that I have committed Theosphany?” “Well,” Stan Smith says, “you believe in Liberation Theology, that is Theosphany.” Now, here comes the shift in ground. Joe Farmer replies, “But you’re a republican you are against abortion on the basis of the Bible, that’s Theosphany too.” “No, its not,” Stan Smith replies, “Theospany does not include the Bible.”
“Oh,” says Joe Farmer, as he gets fired from his job for Theosphany, and gets put on a psychiatric ward.
Now, we the audience know that the original definition of Theosphany was “political theology.” Without telling anyone, the definition was changed from that to “Political Theology not involving the Bible.” Now, if Joe Farmer knew what was going on, he would have asked what the logical distinction was between Theosphany as originally defined and Theosphany as later defined. Joe Farmer might have been able to argue that there really is no rational basis to exclude Biblical Theology from the overall idea of Theosphany. Once this was done, Joe Farmer could have accused Stan Smith, of
Theosphany, and accused Stan Smith of hippocracy, or even have argued equitable estoppel against him. So, watch out for the Fallacy of Shifting Ground.
Chapter 43 The Final Solution A Political Allegory By Anthony J. Fejfar, B.A., J.D., Esq., Coif © Copyright 2007 by Anthony J. Fejfar It was 1993 and the Wall in East Germany was down. Karl Schmidt, had been with the KGB since childhood. His Father had been in the Nazi SS in Nazi Germany and had been rehabilitated into a Communist after the war. In East Germany, most of the Communist Party was composed of former Nazi’s and their children. The called themselves Communists to appease the Russians, but really they were still Nazis. The KGB had a plan in place for the year 2,000 in the United States. Karl Schmidt had first made his way to Nazi Portugal, and then to Nazi Brazil. He got fake Brazillian papers and came to the United States with a student visa. As soon as he got to the United States, he changed names, murdered a person who looked like him, and took his place. He went to law school at Harvard and soon became a law school Dean. Schmidt recruited other Bosnian and East German KGB agents and put them on the law faculty. Soon, they were teaching Adolph Hitler’s book, Mein Kamph to the law students without them even knowing what so going on. They told the students that society and law and the legal profession are evil and if the students expected to succeed they had to join a Satanic Cult. They taught the gullible students, mostly Republicans, that the Final Solution to America’s problems was to exterminate the poor, the mentally ill, and Spiritual Catholics, or, to at least put them in Internment Camps (Death
Camps) or in mental hospitals. The only problem was that the Spiritual Catholics were fighting back. They seemed to have supernatural abilities, almost like Jedi Knights. This would be a problem.
Chapter 44 The Great Society, Reincarnation, and the Social Welfare Net By Anthony J. Fejfar, B.A., J.D., Esq., Coif © Copyright 2007 by Anthony J. Fejfar I am a Liberal, and I am in favor of the Social Welfare Net. I suppose part of it has to do with compassion, but I’m not sure. You see, it is pretty hard to find a “bleeding heart liberal,” most of us are pretty thick skinned. In fact, most of the positions that we take are based upon enlightened rational self interest. Instead of using the base emotion of selfishness to guide our decisions, we choose rational self interest, which is a function of reason more than anything else. The idea of the Social Welfare Net is that regardless of what income you might have, in the Great Society, you are entitled to live a life where your basic human needs are met. Thus, each of us is entitled to have basic food, clothing, shelter, education, medical treatment, transportation, and entertainment (G rated I suppose). One of the arguments in favor of the Great Society and the Social Welfare Net is that a culturally sophisticated person finds it distasteful to live in a world where people are starving to death, or are homeless, or ignorant. Compassion aside, from an aesthetic point of view poverty is disgusting. I follow Kant’s idea that persons are to be each given a very high value intrinsically, regardless of their utility to society. Rather than murder or force poor people into suicide, the culturally sophisticated person prefers to pay the freight so that the poor can have a decent life Now, another reason to favor the Social Welfare Net and the Great Society is the existence of Reincarnation and Karma. As I have argued previously, the reincarnational system teaches us that as we sow so we shall reap. As we do unto others, so it will be done unto us. So, if I choose to live,
without protest, in a society with no Social Welfare Net, my Karma for the next life will be to be a poor person in a world with no Social Welfare Net. In response, I, as a matter of rational self interest, as a believer in the Great Society, and the Social Welfare Net, am purchasing “Karma Insurance” so that in any life that I might live in the future, I will be guaranteed the basics of food, clothing, shelter, transportation, education, entertainment, etc. From a Karmactic point of view, one should always try to moderate extremes in one’s culture or face the likelihood that you will be dealing with one of the extremes in a future life. While you might try to gamble that you will be rich financially in most of your lives, statistically, this seems doubtful. There really are not that many millionaires in America relative to the population as a whole. The odds are you will end up poor. One final objection to the Social Welfare Net is that it is impractical to put in place because of the working poor and lower middle class. The argument is that people on welfare should not make more than a working poor person. I am not sure about that. If the job cannot pay a living wage then maybe the person is better off on welfare from an individual as well as a societal point of view. Additionally, in the Great Society, there are many governmental programs open to the working poor and the middle class. For example, in the great society all schools, public or private, should provide a good nutritious breakfast and lunch for every student. No child should go to school hungry and no child should go home hungry from school. Education at every level should be free or at minimal cost so that all can participate. I argue that such a world is possible and is economically efficient. The Great Society is filled with Great Companies who have Great Employees working for them. The companies who invest the most in their employees make the most money. The countries that invest the most in its people do very well economically. The Social Welfare Net and the Great Society is the rational choice. Chapter 45
The Holy Spirit of Divine Wisdom and Form By Anthony J. Fejfar, B.A., J.D., Esq., Coif © Copyright 2007 by Anthony J. Fejfar Previously, I have argued that there are metaphysical quiddities associated with each person of the Holy Trinity: God the Father God the Son God the Holy Spirit Being Logos Form of Form Unrestricted Act of Understanding Creative Form Substantial Form Reason
Substance Absolute Relational Loving Truth
I have also alluded to the “Fourth” person of the Trinity, the Holy Spirit of Divine Wisdom. The metaphysical quiddity associated with the Holy Spirit of Divine Wisdom is Form: Holy Spirit of Divine Wisdom Form
Form is one of the most important metaphysical quiddities. Form is what structures reality more than any other metaphysical quiddity. For every word, there is a form. For every thing there is a form. Form, then integrates with other metaphysical quiddities at various levels of reality: Accidental Form Material Form Quantum Form Substantial Form Finally, the World of the Forms, that is, the World of the Immutable Platonic Forms is filled with forms, as is the substantial reality of Substantial Form. If one doubts that Form exists, all one has to do is look at geometry. The Triangle, the Square, and the Rectangle each are very basic forms. Of course there are Fractal Forms, as well.
Chapter 46 The Lurking God
A Poem By Anthony J. Fejfar, B.A., J.D., Esq., Coif © Copyright 2007 by Anthony J. Fejfar
The Lurking God I saw God around a corner, Then behind a Tree, I wondered if, He could see me. I talk to God, Every once and awhile, It doesn’t last long, A bit of a trial. God is a cloud, A whisp in the air, A Loving Spirit, A huggable Bear. God respects my Freewill, He doesn’t smother, A wonderful God, Loving the Other. I saw God in a rainbow, Colors galore, A beautiful feeling, Never a snore. I saw God on a seashore, Beautiful waves, Wonderful feeling, Grace that saves. Chapter 47 The Moderation Corporation and Income Tax
By Anthony J. Fejfar, B.A., J.D., Esq., Coif © Copyright 2007 by Anthony J. Fejfar Previously, I have argued for the existence and use of a Moderation Corporation. The purpose of a Moderation Corporation is to produce a moderate profit using moderate means. I have also argued that a Moderation Corporation should be given special tax treatment. My argument is that a Moderation Corporation should have as an essential attribute, a sliding fee scale for the sale of corporate goods and services. The sliding fee scale is based upon the buyer’s annual income. Thus, whether I am selling legal services or a golf cart, the idea is that the price that the buyer pays should be proportionately reduced based on the buyer having a lower income than the norm. Where such a Moderation Corporation is using a sliding fee scale, I argue that that corporation should be exempt from federal and state income tax, and that corporate wages and salaries also should be exempt from income tax. Dividends of a Moderation Corporation would be taxable. The Moderation Corporation, thus, would find itself in position half way between that of a for profit corporations, as such, which pays income tax, and that of a not-for-profit, which is not only exempt from income tax, but also can receive tax deductible charitable contributions. I argue that the Moderation Corporation would serve a useful function in a market economy, and would promote social responsibility of business.
Chapter 48 The Origin of the Nolo Contendere Plea in Criminal Law
By Anthony J. Fejfar, B.A., J.D., Esq., Coif © Copyright 2007 by Anthony J. Fejfar The Nolo Contendere plea in Criminal Law is an interesting legal doctrine. Ordinarily, in a Criminal Case, one either pleads guilty or innocent. Sometimes, however, because of the politics of the situation, it is best for a Criminal Defendant to plead Nolo Contendere. Now, just what is the Nolo Contendere plea? Well, what the Nolo plea does is state for the record that the Defendant is not opposing a conviction by the state of the Defendant for a particular crime. The Nolo plea is not an admission of guilt, instead it is simply a refusal to contest the conviction that is entered without an innocent plea. The Nolo plea is often used where a Criminal Defendant is willing to take a Nolo to a lesser charge in exchange for a more serious charge being dropped. It is also used in some circumstances to avoid collateral use of a guilty plea conviction. For example, an attorney defendant might take a Nolo plea to a crime but not confess guilt, knowing that a Nolo conviction cannot be used against him in a later disbarment proceeding. Now, one might wonder what the origin of the Nolo plea is in western law, and I have an answer. I argue that the Nolo Contendere plea is based upon English Ecclesial Law which is modeled after the encounter of Jesus with Pilate during Holy Week. Jesus was being tried before Pilate with the crime of being the King of the Jews, or the Messiah. Jesus, a capable lawyer himself was placed in a difficult situation. Once charged by Pilate for treason for being the King of the Jews and the Messiah, Jesus could not really deny that he was the King of the Jews and the Messiah, but on the other hand, obviously could not admit that it was a crime for him to be the King of the Jews and the Messiah. So, Jesus said to Pilate, “It is you who say that I am “[the King of the Jews and the Messiah]. In so doing,
Jesus entered the first Nolo Contendere plea that we know of. Jesus did not deny the charge, but on the other hand did not admit guilt. Obviously, the Nolo plea of Jesus carried over into later ecclesial law and then the English Common Law.
Chapter 49 The Origins of the Crime of Penury
An Allegorical Account By Anthony J. Fejfar, B.A., J.D., Esq., Coif © Copyright 2007 by Anthony J. Fejfar Penury is a crime that you will not find in the statute books. In fact, the word “Penury” is not even found in most standard dictionaries. The one place where you can find Penury listed is in Black’s Law Dictionary, where Penury is defined as “Poverty.” Henry VIII, the King who broke from Rome and founded the Protestant, Anglican Church of England. The Protestants and their King were doing everything they could to destroy Roman Catholocism in England. Any person who had taken a religious vow of poverty in Roman Catholic religious life was charged criminally in ecclesial court with Penury, where the penalty was either death or life in prison. So Penury first became a crime in the Anglican Ecclesial Courts in England during the reign of
King on, Penury was also charged against Roman Catholic lay leaders who were spiritual leaders or political leaders.
By 1850, in England, the Roman Catholic “threat” had been stilled and another threat became apparent to the Protestant Anglican aristocracy, that is, Protestant Mysticism. Protestant Mystics and spiritualists who became religious or political leaders were also charged with Penury. This practice of persecuting both mystical or spiritual Catholic and Protestant “Saints” spread to the United States and is still in use today. If they are not illegally prosecuted and put in jail, they are illegally and involuntarily put on psychiatric wards to try to force them to become atheists.
The charge of Penury in the United States is clearly unconstitutional as a violation of the First Amendment. Although the United States Supreme Court has tried to do away with religious freedom in this country in the Smith, peyote case, Natural Law, and the real Constitution tell us that a criminal charge of Penury is unconstitutional and a violation of 42 U.S.C. section 1983, and 18 U.S.C. section 242. Any other interpretation means that we are living now under a fascist dictatorship with no religious freedom.
The Republican Manifesto By Anthony J. Fejfar, B.A., J.D., Esq., Coif © Copyright 2007 by Anthony J. Fejfar Typically, it is thought, at least in some quarters, that if there was ever to be a Communist revolution in the United States, that it would come from the Democratic Party. Apparently, the thought was that in the Soviet Union the government ran everything, and so, when the Democrats wanted more funding for social programs, such “Big Government” Democrats were really Communists trying to bring about a controlling central government. Never mind that the social programs put money into the pockets of private individuals, not the government. Never mind that the government was trying to regulate the economy so that it would stay both fair and private. But, I would like to propose another idea about Communism in this essay. Karl Marx, in the Communist Manifesto said that at the end of the materialist dialectical process, the government would fall away as an unnecessary evil. So, perhaps the real Communist revolution in this country will come not from the Democratic Party, but from the Republican Party. From Ronald Reagan to George Bush the Republicans have done everything that they can at both the state and federal level to dismantle government. Rather that seeing the government as a good, they see it as evil. This is precisely the Communist attitude which Marx wrote about. The Republicans seem to want the State to fall away so that we can be left with a Communist Utopia. Like the Soviet Union, I suspect that the Communist Utopia we will end up with will involve poverty, euthanasia, abortion, unemployment, and ignorance. Ronald Reagan did the best he could to destroy the middle class in this country by preventing its children from going to college. It is even worse today. Even rich people wonder if they can afford to send their kids to college anymore. Law school tuition is so high that it is de facto impossible for most
law graduates to start a solo practice. Often these lawyers have a student loan debt of over $120,000, almost guaranteeing that they will not be able to represent middle class or low income clients. The idea that welfare exists is a joke. In Pennsylvania, for example welfare pays only $600 per month, while food stamps pays only $60 per month. Then the government has the nerve to insist that relatives cannot give gifts to help make up the difference so that a relative doesn’t starve to death. Sixty dollars is about enough to buy food for one person for a week, not a month. So perhaps the Republican Manifesto has come to pass afterall. Perhaps, Ronald Reagan, instead of being anticommunist was really a communist himself. Food for thought.
The Schizophrenic Driver An Allegorical Tale By Anthony J. Fejfar, B.A., J.D., Esq., Coif © Copyright 2007 by Anthony J. Fejfar David Greene was a driver for United Postal Service in Indianapolis, Indiana. David did his job competently and well for over 20 years, not once being involved in a car accident with his UPS truck. When David reached age 40, UPS offered him a job at twice the pay on a new delivery route in London, England. It was David’s second week on the job in London, and already he had been involved in 6 separate car accidents with his UPS truck. In his last accident, David was charged criminally with motor vehicle homicide. When David’s attorney (Solicitor) visited David in prison, he discovered that David’s problem was that David thought that he (David) should be driving on the right hand side of the road, when the law in England was that he should be driving on the left hand side. David told his solicitor that he (David) was following the same law that he always had in the United States, as well as the UPS driver’s manual. The next day David’s solicitor met with the barrister assigned to defend David in court. After conferring, David’s barrister pled that David was not guilty because he (David) was judicially incompetent to stand trial at the time of the offence for schizophrenia, and asked for long term psychiatric care for David. The judge agreed, and entered the order, transferring David to a psychiatric ward. Once on the ward David was once again diagnosed with schizoprehenia by his psychiatrist. David insisted that he had done nothing wrong and was not mentally ill, instead he was just following
the law as he learned it in the United States and the UPS drivers manual. The psychiatrist told David that this was precisely why David was schizophrenic. David, according to the psychiatrist was delusional in thinking that the American rule of driving on the right was the rule to be followed in England. David then asked the psychiatrist if he David would be considered schizophrenic in the United States. The psychiatrist replied no, only in England. of political to him and not medical. The psychiatrist agreed. David responded that it all seemed sort
The Sons of Liberty: An International Wisdom Society By Anthony J. Fejfar, B.A., J.D., Esq., Coif © Copyright 2007 by Anthony J. Fejfar I propose that those of us who are sympathetic to much of what I have been writing, should band together and form an International Wisdom Society: The Sons of Liberty. The primary purpose of the Sons of Liberty is to ensure that a liberal, Liberty based society is present throughout the world. In achieving this goal of Liberty, all Sons of Liberty should be dedicated to two purposes: The Liberal Scale of Values and the Ethical Matrix. The Liberal Scale of Values represents a morality based upon Liberty and the 4 Liberty based values of: 1. Individual Autonomy 2. Individual Rational Self Interest 3. Individual Self Actualization (actualizing one’s meaningful projects) 4. Individual Self Transcendence (compassion for oneself and others)
The Ethical Matrix requires that one who is a Son of Liberty make his or her ethical decisions on the Natural Law Ethical Principles of: Reciprocity (treat another as you would wish to be treated in similar circumstances, Utility (Maximization of Value based on the Liberal Scale of Values stated above), Proportionality (law and equality are based on the idea of proportionality with proportionality symbolized by an equilateral triangle divided down the center forming two smaller right triangles which mirror each other), and Equity (equity favors the one in need, equity favors the one
with the greatest need, equity says that for each Son of Liberty, to each according to one’s need, from each according to one’s ability). The Sons of Liberty support Social Responsibility of Business where business decisions are made using the Ethical Matrix. The Sons of Liberty support a Constitutional Democracy with a legislative, judicial, and executive branches of government. The Sons of Liberty support the judicial review of all legislative and executive branch actions using the Constitution, requiring all law to be reasonable. Finally, the Sons of Liberty should support the use and teaching of Metaphysics. Neothomism, as a basis for Liberty should be taught in grade school through graduate school. Natural Law, based on Classical Philosophy, is the basis for Natural Rights and Liberty.
The Sons of Liberty: An International Wisdom Society (2)1
By Anthony J. Fejfar © Copyright 2007 by Anthony J. Fejfar
The Goal of a Son of Liberty is to achieve Liberty for himself and others. This can be done through the process of Liberation. What is Liberation? We can see a eight fold movement of Liberation: 1. Individual Cognitive Liberation 2. Individual Metaphysical Liberation 3. Individual Ethical Liberation 4. Social Liberation Critique of Unjust Social Structures 5. Liberative Social Political Action 6. Liberative Social Norming 7. Liberative Law 8. Liberative Law Enforcement Individual Cognitive Liberation involves the “self appropriation” of one’s mind in a quadrilectical movement of experience, understanding, judgment-reflection,
Each of us must experience: experience, understanding, judgment-reflection,
and love. Each of us must understand: experience, understanding, judgment-reflection, and love. Each of us must judge and reflect that we know reality through experience, understanding, judment-reflection, and love. Finally, each of us must love, experience, understanding, judgment-reflection, and love. In order to Liberate, we must first experience what is going on. In 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 moves the will to Act when we are afraid to act. The Second Movement of Liberation is Metaphysical Liberation. Metaphysical Liberation involves structuring one’s consciousness with Being, Logos, and Substance. Being is Form of Form, an Unrestricted Pure 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 Creative Form, Creative Word, or Creative Reason, or Reason itself. Finally,
Logos is the basis for The Word which is the Son of God, Jesus Christ.
Substance is Formless Form, which paradoxically is a combination of Truth, with a small amount of Form and love. It is the appropriation of Being, Logos, and Substance, that causes Liberation to Flourish. Being Liberates! Logos Liberates! Substance Liberates!
Individual Ethical Liberation is the Third Movement of Liberation. Ethics teaches us what is right or wrong, better or worse, to do, both individually, and socially. There are four basic Natural Law Ethical Principles: 1. Reciprocity 2. Utility 3. Proportionality 4. Equity Reciprocity requires that the individual treat another as that person would like to be treated in similar circumstances. Utility means Maximization of Value. Value implies Proportionality is seen best in a one to one
individual values, and a scale of values.
ratio. Damages paid should be proportional to damages sustained. Proportionality means equality before the law. Finally, Equity means that Equity makes an equitable Reciprocity
exception from a general rule based upon need. Need is based upon love. Liberates! Utility Liberates!
Proportionality Liberates! Equity Liberates!
The Fourth Movement of Liberation is the Social Liberation Critique of Unjust Social Structures. Here, experience, understanding, judgment-reflection, love, Rules
Metaphysical Intuition, and Ethics, combine to critique unjust social structures.
which are wrong in the face of experience, are impractical and unjust. Rules which are obtuse or irrational violate substantive due process, and are unjust. Rule which are unwise in their rejection of good judgment or reflection, are unreasonable and unjust. Rules which lack love as their basis, and rather are based upon hate, are unjust. which reject a transcendent Metaphysical basis for Reality are unjust. Rules
Rules which are
Unethical are unjust. So, rules which do not involve reciprocity, utility, proportionality, and equity, are unjust. The Fifth Movement of Liberation is liberative Social Political 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 be enforced. Liberative Social and Political Action Liberates! Liberative Social Norming is the Sixth Movement of Liberation. As Saint Thomas Aquinas said, Law is to support the common good. Similarly, Liberation must support active Social Norming. home. Liberative social rules must be taught in school and at
Society must reward those who engage in Liberatory consciousness and action,
and society must 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.
Liberative Law is the Seventh Movment of Liberation. Just as the Founding Fathers of the American Revolution fought a Revolutionary War of Liberation against King George, so to those who are oppressed in undemocratic, unjust regimes, must also fight. In the case of a democratic, just, or near just society, such as we have in the
United States, only democratic, non-violent means of social, political, and legal change, is required. Law Liberates!
Liberative Law Enforcement is the Eight Movement of Liberation. Those responsible for the administration of justice, especially, lawyers, legislators, police officers, and judges, are required to Liberate and to be Liberated. Even lay persons are required to stay informed and involved in law enforcement. Liberate! All eight movements of Liberation are required for a just society to exist. Both individual as well as societal liberation is required. Bibliography Fejfar, Law and Liberation (substantial use of essay) Fejfar, Jurisprudence for a New Age Lonergan, Insight Lonergan, Method in Theology Lonergan, Cognitional Structure, Rawls, A Theory of Justice in Collection Law Enforcement must
Chapter 54 The Wild Deed and Real Property Law By Anthony J. Fejfar, B.A., J.D., Esq., Coif © Copyright 2007 by Anthony J. Fejfar One might think that a “Wild Deed,” might have something to do with a youthful indiscretion which took place after a college beer party. Instead, I must tell you that a “Wild Deed” is a concept
found in Real Property Law. When I was taught about the “Wild Deed” in law school, I didn’t think that it would ever come up in real life, but I have a situation in mind where it can. Imagine this situation. Husband and Wife hold a Tenacy by the Entirety in Blackacre. Recall, that a Tenacy by the Entirety is an estate where, among other things, one half of the interest in the real property in question passes to the surviving spouse by survivorship when the other spouse has died. Recall, also, that because of the existence of Race, Notice, or Race-Notice real property recording statutes, in order for a title to real property to be valid, there must be a valid chain of title. In states where there is no Tract Index (most of the East and South in the United States), in order to establish a good chain of title, one must be able to undertake a Grantor-Grantee and a Grantee-Grantor search of the public real estate recording records. If one cannot undertake a valid search using the Grantor-
Grantee index and verify the chain of title, then this is a defect in the title. Now, back to our hypothetical. Husband and Wife are married, and hold Blackacre as Tenant by the Entirety. Wife dies and no one bothers to probate the estate. The only significant property that Wife owned was her share of Blackacre. Then, five years later, Husband dies, leaving Blackacre to his four children by Will. Oliver Attorney, the Attorney for Husband’s Estate, probates the Will by filing for Letter Testamentary and the Will is recorded by the Registrar of Wills Office with the County.
Oliver Attorney then files the Death Certificate for Wife in the Chain of Title in the Registrar of Deeds Office, listing H and W as the Grantor and H as the Grantee. Without realizing it, Oliver Attorney has created a “Wild Deed.” Let me explain. Let us say further that the children of Husband convey Blackacre to Bill in fee simple absolute. Bill records the Deed and then in turn tries to sell Blackacre to Sally. Bill and Sally sign a Purchase Agreement which states that Bill will provide Sally with “Marketable Title.” Sally has a title search done, but Sally’s attorney runs into a problem. Here it is. To start the title search, attorney must use the Grantee-Grantor index and work backwards. let’s see what we find in the search. Bill is the Grantee and Children of H and W are the Grantor. Children of H and W are the Grantee and H’s will is the Grantor. H is the Grantee by survivorship and H and W the Grantor by the Deed The problem however, is that the Death Certificate showing the transfer by survivorship is not in the chain of title. The filed Death certificate functions as a Wild Deed. In theory you will find it filed between the original Deed to H and W, and H’s will to his children, but it is not there. Instead, it is found outside the chain of title after H’s will is recorded. This is a serious defect in the title. So
Timing and Intent By Anthony J. Fejfar, J.D., Esq., Coif © Copyright 2007 by Anthony J. Fejfar
In the book, “Journey into Oness” by Michael Roads, and Road’s other books, we see a discussion of the ideas of “intent” and “timing.” Both are very interesting concepts. For an idealist, intent is everything. For a realist, intent is pretty much irrelevant. An idealist would tell us that even if one accomplished the greatest feat in the world, if it was done with the wrong intent, nothing at all would be, or was, accomplished. Similarly, for a genuine idealist, results don’t really even matter. If I try to accomplish something, and have the right intent, even if I fail, I still have done the right thing. For a realist, or pragmatist, results are all that count, and intent is irrelevant. From the realist point of view, if I paint a perfect picture, that is praiseworthy, even if I paint the picture for all the wrong reasons. For the realist, the worst sin is failure to achieve practical results. The realist never praises the idealist who, with good intent, fails to accomplish his objective.
For the Critical Realist or Critical Thomist, both intent and results count. I will not be rewarded for painting a flawed picture with good intent, neither will I be rewarded for painting a perfect picture with bad intent. Now, getting back to Michael Roads. Roads discusses the importance of intent. Without intent all is for naught. Good intent, is thus, very important. Jesus seems to have been concerned with this idea when considering the story of the fig tree in the Christian Gospels. Jesus and his disciples were walking by a fig tree which was barren, producing no fruit. And, what’s more it was not the season for figs for that tree. Jesus curses the fig tree and days later when Jesus and the disciples return, walking by the fig tree, they notice that the tree was withered and dying. Now, this story is about intent. Because
the tree had the wrong intent, it could not produce fruit.
So too with us, no matter how
hard we try, no matter how much we may appear to succeed, we fail, if we do not have the right intent. In fact, it would appear that intent itself will ensure that an act is brought to fruition. It is hard to understand, but if the artist really had the right intent, then he would have been able to paint a perfect picture, and, what’s more, the supposed perfect picture of the artist with bad intent, really is not perfect, although it may appear to be. Roads also discusses timing. Roads argues for the existence of multidimensional reality. Real timing, then, has a multidimensional aspect to it. So, for example, the
idea of timing in playing basketball, knowing when to shoot a jump shot, for example, or timing in a boxing match, knowing when to use the left jab, for example can be very important. But, timing is even more complicated. Because in multidimensional reality the past can affect the future and the future can affect the past, timing takes on an even more refined aspect. Perhaps, the timing is not right for me to go to graduate school
next year because I need to do multidimensional work that would help myself or others. This is where God comes in. Although Roads does not discuss God in relation to multidimensional reality very much, Seth, of the Jane Roberts books, does. Seth points out the our God is a multidimensional God. Our God, can and does shift forward and backward in time in relation to each of us and our multidimensional alternates. Perhaps God allowed, or
even caused, “Bill” to get sick, so that God could do some multidimensional work with Bill, where Bill’s conscious mind would not cooperate. It is possible, then, that by our
choice, or by God’s intervention in our lives, we Providentially end up doing things that we really weren’t expecting to be doing. Food for thought.
Chapter 56 To the Death and Beyond An Allegory By Anthony J. Fejfar, B.A., J.D., Esq., Coif © Copyright 2007 by Anthony J. Fejfar Tom Phiffer was in 9th Grade at Clark Junior High, in Lancaster, Nebraska. Tom was basically a good kid. He was an A- student and enjoyed playing sports. But, Tom had a problem. Tom was a Spiritual Catholic, and there was a Bully and a gang who was after him. Tom decided to go on a summer spiritual retreat to see if he could solve his problem. Tom spent two days praying and then suddenly his Intuition was activated and he knew what he had to do. First, Tom took a vow of self-defense only non-violence, and a vow not to carry a
weapon. The Holy Spirit told Tom that this would place Tom in the Dao spiritually so that it would be very difficult, if not impossible for anyone to physically attack Tom. Next, Tom took a vow to “Fight for Justice and Social Justice to the Death and Beyond.” This made Tom a multidimensional immortal. If Tom was ever killed, he could immediately, and multidimensionally, shift his Soul or Spirit back into his body immediately prior to getting killed, and with his newly acquired Wisdom, correct the situation. This vow also gave Tom meaning. Something to fight for. Tom went back to school the next fall, starting 10th grade, and Highschool. He never had to get into a fight for a long time, and when he did, he won.
Chapter 57 Transcendental Method and Espistemology By Anthony J. Fejfar, B.A., J.D., Esq., Coif © Copyright 2007 by Anthony J. Fejfar In his book, Method in Theology, Jesuit Philosopher, Bernard Lonergan, discusses the Transcendental Precepts, which can be described as: Be Attentive Be Intelligent Be Reasonable Be Responsible Be Loving Interestingly, the first three Transcendental Precepts parallel Lonergan’s Cognitional Structure as well as the levels of Consciousness described by Plato: Be Attentive Be Intelligent Be Reasonable Level of Experience Level of Understanding Body Mind, Base Emotions Soul Mind, Analytic Mind Spirit, Wisdom
Level of Reflection and Judgment
Thus, it is apparent that the Transcendental Precepts are epistemological. The epistemology of Lonergan’s Critical Realism, and Fejfar’s Critical Thomism, is one which is self-correcting, fallible, yielding provisional results which are subject to revision upon the acquisition of new data, a new understanding, a more wise reflection. In other words, the Transcendental Precepts produce probable knowledge, subject to revision. The Transcendental Precepts do not produce some sort of moral or epistemological absolutism.
Chapter 58 Transcendental Method and Postmodernism By Anthony J. Fejfar, B.A., J.D., Esq., Coif © Copyright 2007 by Anthony J. Fejfar Some academics have argued that the Transcendent does not exist. They argue that all is context, all is immanent, all is culture, nothing can be transcended. In fact, if one were to argue that Transcendental Method exists, as Bernard Lonergan has in his book, Method in Theology, postmodern deconstructionists, I am sure, would argue that one can deconstruct Transcendental Method and find that it is not transcendent at all. I, on the other hand, argue that Transcendental Method survives the postmodern critique, and in fact turns out to be a more adequate postmodern philosophy than that of the French deconstructionists. So, let us begin with Transcendental Method and then attempt to deconstruct it as Derrida might try. Transcendental Method argues that there are several levels of consciousness, which when used
together, provide a transcendental method of find fallible truth. Transcendental Method begins with Experience, moves to Understanding, and then culminates in Reflection and Judgment. Now, if one were attempting to deconstruct Transcendental Method, it would seem that one would start by trying to deconstruct Experience. Experience is defined as that aspect of human knowing which provides the mind with the data of sense experience. Experience is what is seen, heard, tasted, touched, felt, smelled. Now, it is obvious that Experience, as such, has a certain objective
quality to it. Experience is the basis for empiricist philosophy and logical positivism. In deconstructing Experience, about all we can say in the negative is that Experience is not all there is to knowing. There is also Understanding, Judgment and Reflection. In deconstructing Experience, we
can simply say that Experience by itself is inadequate because Experience can be fooled by sensory illusions such as the appearance of a straight stick looking crooked when placed in a glass tank of water. Not much more can be said. Experience is not racist, it is not sexist, it is not homophobic, it is not antienvironment. Experience, in the context of Understanding and Reflection and Judgment, survives the postmodern critique. Now, let us move to the level of Understanding. At the level of Understanding, one asks all the pertinent questions, Who? What? Why? When? Where? Etc. One also categorizes the data of Experience, and compares and contrasts ideas and data. Finally, at the level of Understanding, one generates theories and hypothesis. In attempting to deconstruct Understanding, one probably would argue along the lines of hermeneutics, that meaning categories act to create reality, not just describe it. Thus, the hermeneutic circle is formed. However, as Gadamer points out, there are some ideas or concepts which have a transcend function which help us to improve our understanding over what we had before. Thus, the idea of logical constistency, for example, that likes should be treated alike, as a general rule, is a transcendental idea. Logic helps us to see that certain ideas are rational and others are not. The postmodernist might argue, following Thomas Kuhn’s work, Structures of Scientific Revolutions, that scientific inquiry uses “Paradigms” in order to understand reality, and, that many Paradigms seem to be incommensurate with each other. Using Transcendental Method, I would simply argue that I would search for a New Paradigm which reconciles the Old Paradigms. And, if this new Paradigm turned out to be inadequate, I would search for another Paradigm which was more adequate. In this sense, Transcendental Method is cumulative and self correcting. In terms of postmodern deconstruction, it seems difficult to argue that Understanding is sexist, racist, homophobic or anti-environment. Understanding, as an idea and an operation does not seem to
be culturally biased, but instead seems to transcend culture. Understanding, then, especially taken in the context of the higher function of Judgment and Reflection, survives the postmodern critique. Finally, there is the level of Judgment and Reflection. Judgment and Reflection is the cognitive function or operation which takes Understanding and then evalutates it on a higher level, finding the most adequate Understanding available. Judgment and Reflection are Alinear Intuitive functions which act to transcend mere Understanding. As Bergson puts it, Intuition provides an Intellectual Sympathy which enables us to know reality more adequately. I have argued that Intuition, at least in part, is a Quantum Ability, where the mind interfaces with the Quantum Field, non-locally, outside of space-time. Intuition is what transforms mere analytic rationality into intellectual reason. The tradesman analyist is not an intellectual, he or she lacks the integration of Intuition with analytic understanding. In terms of the postmosdern critique, I suppose that one might argue that Intution is irrational and false consciousness. This, however, flies in the face of human experience and scientific fact. There are hundred of studies which have scientifically proven the existence of Intution. Finally, we have contemporary Quantum Physics to explain to us how Intuition seems to work. Additionally, in terms of the postmodern critique, it difficult to see how Intuition is racist, sexist, homophobic, or antienironment. As Frances Vaughn points out in her work, Awakening Intuition, it would appear that anyone can develop Intution through a sustained use of Meditation. So, then, it appears that Transcendental Method survives the postmodern critique. While, at the same time, Derrida’s deconstruction does not survive Critical Thomist or Critical Realist postmodern critique. All Derrida can do is deconstruct. Derrida has no basis for reconstructing reality. Derrida’s postmodernism is flawed.
Chapter 59 Trinitarian Democracy By Anthony J. Fejfar, B.A., J.D., Esq., Coif © Copyright 2007 by Anthony J. Fejfar Some fundamentalist Christians seem to think, wrongly, that Constitutional Democracy was not part of God’s Plan for humanity. In my judgment, this is wrong. In fact, I would argue that the
American Constitution, with a Tripartite System of Government, that is with three branches of government, is based upon the Holy Trinity Itself. The Holy Trinity is composed of Three Persons, God the Father (Being), God the Son (Logos), and God the Holy Spirit (Substance). I argue that with each Person of the Trinity there is an accompanying Metaphysical Quiddity, i.e., Being, Logos, and Substance. Each Person of the Trinity is the Personal manifestation of the Objective Metaphysical Quiddity to which it is paired. Now, if we reflect, it is apparent that the three branches of government, The Executive Branch, The Judicial Branch, and the Legislative Branch, parallel the Trinity:
Executive Branch Judicial Branch Legislative Branch
God the Father (Ultimate Authority) God the Son (Jesus Christ as Judge) God the Holy Spirit (Holy Spirit inspiring people from the bottom up)
Now, it is generally understood that God the Father is the Highest or Ultimate Authority as being Supremely Good. Similarly, the President of the United States is seen as being the Highest Civil
Authority having the most personal power to get things done. Ideally, we like to think of our presidents as being Good not evil. That is why we elect them. Now, it is also generally understood the Jesus Christ, The Son of God, has the responsibility of Judging humanity. Jesus is considered to be Logos or Reason; in the creative mode Creative Form, and in the stable mode, Substantial Form. Similarly, the United States Supreme Court, a panel of Judges, is seen as having the right to judge persons under law. In fact, the Court also has the power to declare executive actions and legislative enactments, unconstitutional. This is consistent with the idea that the Role of Jesus in the Trinity is equal to that of the God the Father. Now, it is also generally understood that the Holy Spirit, as Loving Truth, or Substance, has the responsibility of inspiring humanity to be its best. The Holy Spirit is thought to work best, from the “ground up,” authoring popular movements of the Spirit in society. While God the Father is often thought of as enforcing the status quo, the Holy Spirit is thought of as inspiring revolutions of the Spirit, to bring about a better society. Thus, the Holy Spirit, as revolutionary, has Power equal to that of God the Father and God the Son. While in religious terms Christians can be thought of as the “People of God,” in governmental terms, the American people share the same role as the “People of America,” The American People. The Legislative Branch is thought to be the most responsive to the current desires of the American People. The rather interesting thought, is, that it just may be that while the Holy Trinity is a Unity of Substance (Nicea), God the Father may have a different political agenda than God the Holy Spirit. God the Father seems to work from the top down, and God the Holy Spirit seems to work from the bottom up. Perhaps, then, Jesus Christ, as the second Person of the Trinity, is the mediating aspect of the Trinity, opposing movements of the Spirit that are not consistent with Reason, and opposing The
Will of God the Father if it is not consistent with Reason. Perhaps, the Trinity is a dynamic unity in harmony which is more like the Greek Philosopher Hericlitus would have it, rather than Aristotle.
Truth, Relativism, and Evil By Anthony J. Fejfar, J.D., Esq., Coif © Copyright 2007 by Anthony J. Fejfar
When I grew up, as a kid, it was generally understood that truth was good. It was generally good to tell the truth and not to lie. At a certain point, It was the middle of the Vietnam War and suddenly a
however, this began to change.
lot of people had a hard time finding the truth about Vietnam. We saw new reports, we saw government statements and we saw teenagers go off to war, many of whom never came back. Next, we began to see stories in the news at school about Northern Ireland. We were told that the war was a religious war and that basically both the Catholics and the Protestants were wrong. Northern Ireland was a scandal to the Christian Church. So, with all of this the teaching authority of both civil society and the church began to crumble. Soon, we began being taught relativism at school. And, relativism ended up being extreme relativism, that is, the idea that everything is relative. Only relative truth existed, and relative truth was really no truth at all. Very soon it became apparent that
an person arguing for truth or objectivity was considered to be evil. While relativism did not recognize the good, it did recognize evil, which was moral absolutism, absolute truth, etc. From a classical point of view then, it had gotten to the point that good was
evil and evil was good, a sure recipe for disaster. Now, absolute truth might exist, but I am not arguing for absolute truth. In fact, I like some aspects of relativism: a respect for minority positions and dissent and a willingness to revise one’s judgments about the truth when new evidence or a new understanding of the evidence is available. As a Critical Thomist, then, I argue for moderate relativism and moderate truth rather than extreme relativism or absolute truth. With moderate relativism there
is always room for reasonable argumentation, for two side of the story, for the adversarial system of justice, for constitutional democracy. Extreme relativism, in the
end, just leads us back to a naïve sort of authoritarian fundamentalism which is based upon an inauthentic adherence to some authority figure. In Amenrica, Military Officers swear to uphold and defend the Constitution of the United States of America, they do not swear a loyalty oath to a president or dictator. So, I argue that the best truth we can get is 99.999999999999% true. This is as good as it gets. Any truth statement made can always be subject to reasonable critique and revision. While some of us might wish for absolute truth, it is very hard to come by, and is often presented in a manipulative way. We are better off having a
society and a school system which is based upon moderate truth.
While some might
say that absolute truth is evil, I would say also that extreme relativism is evil, albeit, relatively evil.
Chapter 61 Unified Quantum Field Theory By Anthony J. Fejfar, B.A., J.D., Esq., Coif © Copyright 2007 by Anthony J. Fejfar The “modern” view of reality which prevailed in the West for quite some time was that we lived in a materialistic world and universe where the building block of reality is and was the Atom. Because of this we developed to some extent what can be described as an Atomistic World View. This idea was that the ultimate nature of reality was characterized by inanimate, material, atoms. After awhile, though, some scientists and philosophers started wondering if in fact the Atom itself was composed of even smaller particles which they called subatomic particles. Soon, scientific experiments started “proving” the existence of such subatomic particles as the electron, the positron, the photon, the quark, and finally, the Quanta. About the time that subatomic particles started being talked about, Einstein developed Relativity Theory and other scientists developed Quantum Theory. Interestingly, these scientists could not account for a Unitary nature of Reality anymore. Thus, the search began for Unified Quantum Field Theory. It was thought that if Unified Quantum Field Theory was found, this would once again argue that there is a unitary nature to reality itself, not just a probabilistic nature manifesting multidimensionally. While the search for Unified Quantum Field Theory was still well under way, some scientists decided to take another approach. This new approach to reality was called String Theory. String Theory argued that the ultimate nature of reality is composed of “strings” which mask themselves as subatomic particles. Thus, the ultimate nature of reality is the chameleon string. The problem was,
however, how to reconcile string theory with Quantum Theory? Well, the answer which I came up with, even prior to reading about string theory, is this: The ultimate building block of the universe is the Quanta subatomic particle. Thus, there is a Unitary Quantum Field, of sorts, and Unitary Quantum Field Theory exists as science. I argue that the Quanta subatomic particle, like string theory, is a chameleon particle. The Quanta masks itself as other subatomic particles by reason of meaning and/or natural law. While the Quanta can certainly display itself as a Quanta, it can also display as an electron, a positron, a quark, etc. Now, how is all of this reconciled with the old Atomistic theory? Most scientists would argue, I suspect, that Atomism was merely a mistaken theory. I, on the other hand, have a more subtle argument to be made. I argue that the transpersonal meaning reality of Western culture was so strong that the Quanta particles all masked themselves as Atoms, without any subatomic particles at all. This also accounts for the idea that medieval and ancient classical physics or metaphysics was, as still could be valid. Perhaps in the ancient world where everyone believed in Form, Cause, and Accident, there really were no atoms. The Quantum Field and individual Quanta Particles simply played the parts necessary for ancient and medieval metaphysics to work. Food for thought.
Chapter 62 Unified Quantum Field Theory and Being By Anthony J. Fejfar, B.A., J.D., Esq., Coif © Copyright 2007 by Anthony J. Fejfar The “modern” view of reality which prevailed in the West for quite some time was that we lived in a materialistic world and universe where the building block of reality is and was the Atom. Because of this we developed to some extent what can be described as an Atomistic World View. This idea was that the ultimate nature of reality was characterized by inanimate, material, atoms. After awhile, though, some scientists and philosophers started wondering if in fact the Atom itself was composed of even smaller particles which they called subatomic particles. Soon, scientific experiments started “proving” the existence of such subatomic particles as the electron, the positron, the photon, the quark, and finally, the Quanta. About the time that subatomic particles started being talked about, Einstein developed Relativity Theory and other scientists developed Quantum Theory. Interestingly, these scientists could not account for a Unitary nature of Reality anymore. Thus, the search began for Unified Quantum Field Theory. It was thought that if Unified Quantum Field Theory was found, this would once again argue that there is a unitary nature to reality itself, not just a probabilistic nature manifesting multidimensionally. While the search for Unified Quantum Field Theory was still well under way, some scientists decided to take another approach. This new approach to reality was called String Theory. String Theory argued that the ultimate nature of reality is composed of “strings” which mask themselves as subatomic particles. Thus, the ultimate nature of reality is the chameleon string. The problem was,
however, how to reconcile string theory with Quantum Theory? Well, the answer which I came up with, even prior to reading about string theory, is this: The ultimate building block of the universe is the Quanta subatomic particle. Thus, there is a Unitary Quantum Field, and Unitary Quantum Field Theory exists as science. I argue that the Quanta subatomic particle, like string theory, is a chameleon particle. The Quanta masks itself as other subatomic particles by reason of meaning and/or natural law. While the Quanta can certainly display itself as a Quanta, it can also display as an electron, a positron, a quark, etc Now, the question at this point is how can Quantum Physics be reconciled with Classical Metaphysics which utilizes the concept of Being as being the foundation for Reality? Well, my argument is that the concept of being, although it stands on its own two feet independently of Quantum Physics, is in fact an analogous concept. One might argue that Being manifests the Quantum Field, or on the other hand, one might argue that the Quantum Field manifests Being. Or perhaps there is a dialectical relationship in the Dao where Being manifests the Quantum Field and the Quantum Field manifests Being, simultaneously, which is my position. Now, what then is the nature of Being? Well, in Classical terms Being is Form of Form, or an Unrestricted Act of Understanding. But what is Being made of? Being is composed of Beinga Streams which take the function of Quanta Particles or Strings. Previously, if have referred to Beinga Streams as, Relational Meaning Streams. In fact this is a good definition of Beinga Streams. Beinga Streams are Relational Meaning Streams. Thus, it is apparent that Beinga Streams or Relational Meaning Streams parallel the notion of Quantum Particles and Strings. It should be noted that Being as the Building Block of Reality is supported by the science of indigenous cultures. Indigenous cultures are typically animistic, asserting that there is a spirit for every person, animal, or thing. Every rock has a spirit as does every blade of grass. In Western indigenous
culture these spirits were referred to as Elemental Spirits. I argue that Beinga Streams, or Relational Meaning Streams, Quanta Particles, and Strings, are all analogous to Elemental Spirits and in fact perform the same function in their respective cosmologies. Finally, you might ask what are the political implications of the foregoing. In fact, the notion of Beinga Streams, Quanta Particles, Strings, and Elemental Spirits, all support the idea of Moderate Relativism as the nature of knowledge and reality. Moderate relativism means that we can have probabilistic knowledge of reality which is fallible, and subject to revision. Moderate relativism means that we must follow the Transcendental Precepts of Be Attentive, Be Intelligent, Be Reasonable, Be Responsible, be Loving. Moderate relativism means that there can be two sides to an argument. Moderate relativism means that it is possible that reasonable people can differ in their assessment of a problem. Moderate relativism means that we still have logic and reason, and must take logical arguments seriously. Moderate relativism means that the best form of government is a Constitutional Democracy which supports individual rights at law, and an Equitable interpretation of law. Moderate relativism supports the adversary system of justice and opposes the inquisition.
Chapter 63 Why Athiestic Materialism is Psychotic By Anthony J. Fejfar, B.A., J.D., Esq., Coif © Copyright 2007 by Anthony J. Fejfar Some people, wrongly, think that atheistic materialism is a normative position to take. I, on the other hand, argue that atheistic materialism is not normative, but instead, is psychotic. Recall, that psychosis is defined as that which is out of touch with reality. Let us start by looking at the basic reality premises of atheistic materialism. First, atheistic materialism denies the existence of God. Second, atheistic materialism asserts that the ultimate nature of reality is that which is material, or put another way, that which is based upon the idea that atoms are the ultimate reality of the universe. Finally, atheistic materialism asserts that Logical Positivism is a normative philosophy of knowledge or epistemology. First, let us consider the notion of God. Thomas Aquinas has presented a proof that God in fact exists. The argument is that our sense experience and rigorous inferences therefrom, show us that causality exists. If I roll a ball into another ball, then I am the efficient cause of that movement and that collision. Once we understand that causality exists, it is apparent that for every effect, there must have been a prior cause. But, if this is true, then this leads to an infinite regress of causes which either suggests the existence of God in reality, or alternatively, that an infinite regress is irrational. Since the idea of an infinite regress of causes is irrational, we must assume that there is a rational First Cause, which is itself an Uncaused Cause. The argument is the God is the First Cause which is an Uncaused Cause.
The second position of atheistic materialism, is that the ultimate nature of reality is material atomism. In fact, contemporary science has proven that subatomic particles exist, and that one subatomic particle is the Quantum Particle, which participates in the Quantum Field, outside of spacetime. Thus, it is clear that atheistic materialism is wrong in asserting that the real nature of reality is atomistic materialism. Finally, atheistic materialism asserts that logical positivism is a normative epistemology or philosophy of knowledge. In fact logical positivism has been totally discredited. Logical positivism asserts that we know reality best through immediate sense experience and rigorous logical inferences based upon that sense experience. However, this assumes that sense experience is universally reliable in disclosing reality. If sense experience is not universally reliable, then there is no basis for logical positivism. In fact, sense experience is not universally reliable in disclosing reality. Science is full of “anomalies” which cannot be explained by sense experience alone. For example, if I take a straight wooden dowel (stick) and look down the barrel of the stick my sense of sight shows the stick to be straight. However, if I take that same wooden dowel, and place it in a glass walled tank of water, and look at the dowel through the side of the tank, the dowel appears to be crooked to my sight, sense impression. So, my sight sense impression has given me two completely contradictory views of reality, one with straight dowel, one with crooked dowel. Logical positivism is at a loss to explain how this could be. If we transcend mere sense experience, and proceed to the levels of understanding and judgment/reflection, it is apparent that the crooked dowel appears to be crooked because of an optical illusion created by the water which acts like a prism. Because the water bends light in a particular
way, the dowel appears to crooked, even though it is really straight. Thus, logical positivism is rejected as a false philosophy in favor of Lonerganian Critical Realism, or Fejfar’s Critical Thomism. Thus, in summing up, on all three counts discussed earlier, it can be seen that atheistic materialism is a false philosophy, and, from that point of view, is psychotic.
Chapter 64 Why Critical Thomism is a Postmodern Philosophy By Anthony J. Fejfar, J.D., Esq., Coif © Copyright 2007 by Anthony J. Fejfar When you are in academia, people expect you to fit your academic positions into consensually acceptable analytic categories. While my Critical Thomist philosophy can be described as a Neo-thomist philosophy, many do not find this category helpful. This is because Neo-thomism sort of fell off the map around 1960. Before that, it was quite popular, at least in some circles. No, today, people expect you to have your philosophy to be either modernist or postmodernist. After thinking it through, I think that it is fair to describe Critical Thomism as a postmodern philosophy, rather than a modernist one. I have taken this position bccause Critical Thomism can, and does
engage in critical deconstruction, just as much as does the postmodernism of Derrida and Foucault. While Critical Thomism can decontruct, it can also then reconstruct in a way which is non-materially foundationalist. While there is a certain foundationalism to Critical Thomism, it is not one which can be used deontologically. While the Platonic Forms exist for the Critical Thomist, they are more like guides or signposts, not verbal orders of some sort. Similarly, Critical Thomism is a fallible philosophy
in many respects. What we know, we know probabilistically, not with absolute certainty. What we know, we know on the basis of experience, understanding, and intuitive judgment and reflection, which can be revised and reformulated based
upon new experience, better understanding, and intuitive judgment and reflection. Additionally, it clear that Critical Thomism is not modernist. Modernism, in its typical form is and was based upon scientific or atheistic materialism. Critical Thomism, on the other hand, recognizes, in the first instance, the existence and action of the Quantum Field, Being, Logos, Substance, and Form. Metaphysics grounds and guides Critical Thomism in the same way that modern atheistic, materialist, science guided and grounded modernism.
Chapter 65 Why Santa Claus Really Exists By Anthony J. Fejfar, B.A., J.D., Esq., Coif © Copyright 2007 by Anthony J. Fejfar Some people stop believing in Santa Claus around age 11. I argue that this is a mistake. I am putting forth the proposition that Santa Claus really exists and is the Spirit of Christmas. Now, historically, we know that Saint Nicholas, also know to us as Santa Claus, actually lived in asia minor and is a canonized saint. Nicholas was known for, among other things, bringing presents to children on Christmas. Apparently, Saint Nicholas died at some point, and of course passed over to the other side. As a Saint, Saint Nicholas, or Santa Claus is present to us in our prayers and thoughts. He is real as much as any other Saint was real. In the magical lore, it is said that some persons who die, do not shed their Astral Bodies, but instead maintain their Astral Body after life. It is said that one who has an Astral Body can materialize on Earth. So, perhaps, the North Pole exists on the Astral Plane, an Santa Claus can come to us in his Astral Body. It is said that many saints can levitate or teleport or maybe even multilocate. Perhaps, Santa Claus too, has these gifts so that he actually does bring Christmas presents to some in a very short period of time on Earth. Additionally, I would like to argue for the Spiritual presence of Santa Claus at Christmas. I argue that the Holy Spirit, in the person of Santa Claus give us the Christmas Spirit. Without this Spirit, I suspect that we would not be giving each other gifts at Christmas time. The Christmas Spirit is amazing. In spite of the cold weather that many of us endure at Christmas time, we find the time to put up the Christmas tree and find presents for our loved ones. In spite of low income for some
households, I suspect that only Satanic parents refuse to give their children Christmas gifts if it is a Catholic household. Gifts at Christmas remind us of God’s generosity to us. As God give us gifts, so
we too give gifts to each other. And of course, God’s greatest gift to us at Christmas, is the gift of his Son, the Christ Child. This is the true meaning of Christmas.
Chapter 66 Why Wisdom is not Satanism By Anthony J. Fejfar, B.A., J.D., Esq., Coif © Copyright 2007 by Anthony J. Fejfar Some protestants seem to think that Wisdom is Satanic. This is absolutely not true. The Catholic Christian tradition has taught the importance of Wisdom throughout its history. In fact, an entire book of the Bible, The Book of Wisdom, is all about Wisdom. Wisdom is the enemy of Satanism. Reason, or rationality, is very linear in nature and as Bergson points out, misses many of the most important nuances about life and reality. Alinear Wisdom, using philosophical intuition is able to find the knowledge that “falls between the cracks” of linear rationality. If indeed the irrational is evil (with the exception of love), as some say, then Wisdom is not evil in this sense because Wisdom is arational not irrational. In more direct terms, we can see that Wisdom and Satanism are not the same and in fact are in many ways opposites. Satanism is ordered toward evil. Satanism is based upon hatred. Satanism is based upon destroying the weak.
Wisdom, on the other hand, is ordered towards the Good. Wisdom is based upon love not hatred. Wisdom looks after the weak trying to help them, not destroy them. Now, for some the following point may be difficult. Although Wisdom is ordered toward the Good in the first instance, Wisdom allows all three of the following: 1. The good is used to promote the Good. 2. Evil is used to promote the Good. 3. Evil is used to combat Evil. Now, it is difficult to find the foregoing list in any philosophical source, but I found the foregoing to be taught to me, “in between the lines.” as part of my Jesuit education. Whether they realize it or not, the Jesuits teach Wisdom, and they teach that as long as one’s primary goal is the Good, that one can use evil instrumentally. Finally, I would like to point out that Satanism is a bad deal. Typically, one must sell one’s soul to Satan to get anywhere with Satanism, and this is a very bad deal. Satan always breaches his contracts. Satanists are hopelessly naïve in this regard. Also, with the possible exception of Satan, himself, it is absolutely true that evil is simply as deficiency in the Good. Ultimately, evil selfdestructs, and ultimately Satanism self-destructs. Satanism is a stupid move for those with small minds.
Chapter 67 Workfare By Anthony J. Fejfar, B.A., J.D., Esq., Coif © Copyright 2007 by Anthony J. Fejfar As a proponent of the Great Society, I am in favor of the social welfare net which prevents people from ending up out in the street or a homeless shelter if they lose their jobs. Currently, welfare in many states is so minimal that there is almost no point to having it at all. For example, in Pennsylvania, I have been told that welfare for a single person pays only $600 per month, when rent for a single bedroom apartment is $550 a month and groceries are $400 per month. One argument against welfare is basically Satanic. The idea is that poor people should be forced to commit suicide or be murdered so that they are not a drag on the economy. This approach is totally unethical and absurd. Another argument against adequate welfare is that if we paid enough for welfare this would exceed what a person would get working a full time job at minimum wage. Here, I respond that minimum wage must be increased so that it pays enough or more than enough for a single person to live a normal life in a one bedroom apartment. Finally, it is argued that if welfare pays enough for a person to have a decent life, some people will be freeloaders and choose welfare, rather than working. I respond by asserting that unless a person has a disability, that person should be required to do volunteer work or go to school full time while on welfare. This workfare solution is economically efficient and prevents lazy people from getting a free handout.
Chapter 68 Zen and Daoism: Action and Inaction By Anthony J. Fejfar, B.A., J.D., Esq., Coif © Copyright 2007 by Anthony J. Fejfar Some argue that Daoism and Zen are basically the same spirituality or philosophy. In fact in some ways Daoism and Zen are opposites. Zen is very direct. Whether explicitly stated or not, the end of Zen is Being. Being is a relatively unitary metaphysical quiddity. Zen Satori, as I have argued elsewhere, is Insight drawn from Intuition. When one is in a Zen mode of consciousness, one is very direct, and one wants to move, to act, to get things done. Zen is action. Daoism, on the other hand is a very “go with the flow” spirituality. In fact, if you are not in the flow of the Dao, you are not the Dao, and you are not being Daoist. The end of Daoism is the Dao, which is a Ying/Yang, of complementary opposites. When one finds the balancing point between Ying and Yang, one has found the Dao. When in the Dao reality is aunitary. Time is experienced consciously as a flow. In the Dao time flows, it does not pass. When in the Dao an hour may seem like 5 minutes. Time is alinear not linear. It is impossible to be direct in the Dao, one can only flow with the Dao. In the Dao, one lets reality come to you, one never seeks reality. In living life, I argue that is impossible to live a good life if it is spent entirely in the Dao, on the one hand, or entirely in the linear Being of Zen, on the other hand. In fact, the good life is found I disagree.
where one begins in the Dao, goes with the flow for as long as practicable, and shifts to the Zen of action. So, go with the flow until nothing is happening, all is passive, and then switch to the Zen of
direct action, rearrange the apple cart through a direct action, and then go back into the flow of the Dao,
letting the Dao take over and do the work effortlessly. Of course in doing this one should as much as possible participate in creative non-violence which allows for self-defense, but not wonton violent aggression.
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