Constitutional Construction, Legislation, Code, Regulation, Jurisprudence, different specializations, with most concerned with criminal, civil (Family Property Tort Contract), administrative law, and less so military and constitutional law.
Source date (UTC): 2021-01-08 03:54:28 UTC
Original post: https://twitter.com/i/web/status/1347391194452656137
1. –“There are only trade offs”–
I would and Scalia would say that questions are either decidable, choosable, or neither. If a ‘trade-off’ exists, it’s choosable and a matter for the people and the legislature – creating anti-fragility – rather than a matter for the judiciary.
Source date (UTC): 2021-01-08 03:27:49 UTC
Original post: https://twitter.com/i/web/status/1347384486049292291
Excellent point. Although I would, and Scalia would, say that questions are either decidable, choosable, or neither. If choosable a ‘trade-off’ exists, then it is a matter for the people and the legislature – creating anti-fragility – rather than a matter for the judiciary.
Source date (UTC): 2021-01-08 03:23:19 UTC
Original post: https://twitter.com/i/web/status/1347383352937111555
Reply addressees: @torinmccabe
Replying to: https://twitter.com/i/web/status/1347381548572684288
THE ORIGIN OF BAD LAW IS JEWISH PILPUL
I don’t know whether Scalia didnt know or whether he was afraid to say so, but the ‘big lies’ of ‘living constitution’, ‘interpretation’, and judicial activism, were introduced postwar Jews’ pilpul and critique, from interpreting Jewish Law.
LEGAL DECIDABILITY
In just a few decades, by 1980, Jewish pilpul and critique, positive law, and Jewish kritarchy, had succeeded in incrementally rewriting the constitution against the will of the people. Scalia alone is responsible for restoring scientific (textualist) law.
JOHN RAWLS
With his test of “the veil of ignorance” Rawls tried to extend reciprocity from its necessity in interpersonal action, cumulatively producing a normal distribution, into reciprocity in economic, social, and political producing an abnormal (equalitarian) distribution.
THE 20TH CENTURY
The introduction to my work explains the great failure of western civ to adapt to modernity beginning with Babbage’s failure to produce a general theory. Weber loosely understood: calculation. But the Jewish counter-revolution restored verbal sophistry instead.
Source date (UTC): 2021-01-07 23:55:40 UTC
Original post: https://gab.com/curtd/posts/105517137255437174
EUROPEANS AND OUR LEGAL ORIGINS
Authority by prohibiting authority.
Social Engineering by prohibiting social engineering.
Forcing all into adaptive service of one another.
Maximizing Self Determination and Natural Selection
Transcending man into gods.
EUROPEAN RULE OF LAW
Creating harmony in continuous adaptation by market disharmony where every other person is both a potential competitor and customer and productivity and reciprocity necessary for survival. Our strength and weakness is resulting adaptive tolerance and trust.
European common law functions as a continuous ledger of the discovery of, and incremental suppression of, irreciprocity under self-determination, sovereignty, reciprocity, and duty. Our law is scientific legal accounting, and Jewish law is only wisdom literature.
STRICT CONSTRUCTION VS TEXTUAL LITERALISM
Under Textualism, ‘Strict Construction’ ~means “take the text literally”. Under P-Law, which is also textual, ‘Strict Construction” means Legislative, Regulatory and Case law must be built from the first principle of self-determination, sovereignty, reciprocity, and duty.
In other words, the meaning of strict construction is in P-law reflects the common-sense meaning. The legislature, State, or Court must justify (write a proof of) its authority to impose such an Act.
DECIDABILITY
In European Empirical Tradition Judges do not make law, they apply law and discover new applications of it. They DISCOVER applications of the law. The feedback loop was broken at modern rates of change because there is no constitutional route for forcing the legislature rule.
NECESSARY REVISION OF OUR CONSTITUTION
No Judge under the natural common law, may deprive legislature or people of choice by creating case law for social, political, economic, or strategic reasons, rather than applying the original intent of law to the present case before it. Natural law itself prohibits judges from that ‘THEFT’ from the commons. Judicial legislation from the bench enfeebles the legislature, which enfeebles the people, and descends into arbitrary kritarky of the jews and muslims.
JUSTICE SCALIA AGREED
The constitution does not define common law, dependence on natural law, or the means by which justices interpret the law, but he doesn’t want congress telling the court that. So even an amendment man not fix the ‘pilpul-ization’ of our law.
SCALIA’S LIMITS
However, despite Scalia’s success at restoring scientific law, despite Jewish attempts to undermine it from activism within the academy, and profession, he lacked the formal knowledge of how to explain WHY. But at least he gave us a recipe of 13 failings to fix.
Source date (UTC): 2021-01-07 23:55:01 UTC
Original post: https://gab.com/curtd/posts/105517134488813132
No Judge under the natural common law, may deprive legislature or people of choice by creating case law for social, political, economic, or strategic reasons, rather than applying the original intent of law to the present case before it. Natural law itself prohibits that ‘THEFT’.
Source date (UTC): 2021-01-07 22:41:27 UTC
Original post: https://twitter.com/i/web/status/1347312422307172357
In European Empirical Tradition Judges do not make law, they apply law and discover new applications of it. They DISCOVER applications of the law. The feedback loop was broken at modern rates of change because there is no constitutional route for forcing the legislature rule.
Source date (UTC): 2021-01-07 21:30:37 UTC
Original post: https://twitter.com/i/web/status/1347294593918894082
SCALIA’S LIMITS
However, despite Scalia’s success at restoring scientific law, despite Jewish attempts to undermine it from activism within the academy, and profession, he lacked the formal knowledge of how to explain WHY. But at least he gave us a recipe of 13 failings to fix.
Source date (UTC): 2021-01-07 19:41:03 UTC
Original post: https://twitter.com/i/web/status/1347267020031713285
LEGAL DECIDABILITY
In just a few decades, by 1980, Jewish pilpul and critique, positive law, and Jewish kritarchy, had succeeded in incrementally rewriting the constitution against the will of the people. Scalia alone is responsible for restoring scientific (textualist) law.
Source date (UTC): 2021-01-07 19:38:36 UTC
Original post: https://twitter.com/i/web/status/1347266404630802439
THE JUDICIAL THEORISTS
Kritarchy (Authority, Philosophical):
Kelsen AUS(J) Pos
Hartt UK(J) Pos
Dworkin US(J) Pos
Rawls US(P) Pos
-vs-
Sovereignty (Markets, Empirical):
Epstein, US(J) Nat/Sci
Hayek, AUS(C>A) Econ/Sci
Scalia, US(C) Sci/Tech
(Doolittle US(P/C>A), Sci/Tech/Econ)
Source date (UTC): 2021-01-07 18:21:18 UTC
Original post: https://twitter.com/i/web/status/1347246950131896322