The Rule of Saint Jude the Apostle

The Rule of Saint Jude the Apostle, as later confirmed and adopted by Saint Benedict as the Rule for Religious Life, the Priesthood, and Lay Life, also known as the Rule of Saint Benedict, is as follows: Subject to the Rule of Reason, which is based on love, logic, and intuition, as a matter of Natural Law and Divine Law and Human Law, with respect to the Common Good: To each according to his, her, and/or hae genuine need, and from each according to his, her, and/or hae ability. (C)Perpetual Copyright by Anthony Fitzgerald, and Anthony Faber and Neothomism, P.C. (PA) (A Perpetual Moderation Corporation).

The Real Ockham's Razor

The definition of Ockham's Razor that is typically used is logically incoherent. Instead, Ockham's Razor is really a guideline which suggests, as a general rule, when dealing with academia or politics or law, you should not attribute secondary causes to God. Generally speaking, God is seen as been the First Cause, Uncaused Cause and the Unmoved Mover. However, it is also generally understood that God works primarily through secondary causes which involve Angels, Archangels, gods and goddesses, metaphysics, natural laws, Natural Law, etc. It is perfectly appropriate to discuss and write about God in areas such as philosophy, theology, cosmology, quantum physics, ethics, morality, metaphysics, and cosmology. On the other hand, as a general rule, when you do not attribute ordinary causes to God, but rather, only Miracles. So, if I am trying to determine why it is that my car does not start, ordinarily I look to physical causes such as those inovolving the Battery, the Starter, or the Alternator, and not God. Once the Universe is set up, which it is, God only Acts Personally, and directly, through Miracles. The everyday reality which we face is ordinarily structured through the use of natural laws and Natural Law, not through any Direct Acts of God. Thus, it is a violation of Ockham's Razor to speak or write about God causing ordinary, everyday events. Ordinarily, when a person Prays, those prayers are anwered by an Angel, and Archangel, a Saint, or a god, not directly by God Himself. Additionally, when ordinary problems arise, such as unemployment, a power outage, a death of a person, car trouble, the theft of a bicycle, etc., such events are not attributed to God, at all, but rather the other causes, which are typically ordinary causes. Of course, it is perfectly appropriate to refer to God in poetry, music, literature, etc.

(C)Copyright 2011 by Anthony J. Fejfar

Fejfar on Nuisance Law

FEJFAR ON NUISANCE LAW

Nuisance Law is a hybrid of Property Law and Tort Law. The general idea of nuisance law is that a neighboring landowner can bring an action in tort for nuisance against an adjoining landowner who is using his or property in a way which unreasonably harms the person, financial interests, or property of the harmed adjoining landowner. Thus, there is the Latin phrase, "Sic Utere Tuo ut Alienum non Laedas," which means, "You cannot unreasonably use your property in such a way that it unreasonably harms another." In this sense, we can see that Private Property rights are not absolute, and instead, any property interest must be interpreted in light of The Rule of Reason. (See Grotius, Natural Rights and Natural Law 1625 A.D.) Thus, it is not an Unconstitutional Taking of Property for Purposes of the 5th or 14 Amendments, when property or a business is subject to reasonable business regulation. See generally, Justice Holmes' Judicial Opinion, in the case of Pennsylvania Coal Co. vs. Mahon, 260 U.S. 393 (1922) (Any governmental regulation of business and or property is valid if it is reasonable and is rationally related to a legitimate state interest, however, if a regulation goes too far by being unreasonable, then this constitutes an unconstitutional taking of property for purposes of the Takings and Substantive Due Process Clauses of the 5th and 14 Amendments to the United States Constitution. And, Reason is defined, using cognitive of faculty psychology as a composite of love, logic, and intuition, where "love' is defined as a positive feeling flowing outward, and where "logic" is defined as a statement, proof, or argument which does not involve a logical contradiction such as (A and not A), in the same time and in the same place, and, where, "intuition" is defined as that cognitive faculty which involves the use or high speed preconscious or unconscious analogical thought processes.

Book Review of: Slaveholder's Union

George VanCleve has recently published his book, "Slaveholder's Union" (2010) (University of Chicago Press). To put it bluntly, VanCleve comes to the absurd conclusion that the American Revolution, the Declaration of Independence, and the United States Constitution were movtivated primarily to enshrine Slavery in America. There are several points to be made in relation to VanCleve's book. First, the title "Slaveholder's Union" is stupid. While VanCleve's book begin with analysis of the American Republic prior to the American Revolution, the rather misleading title he uses refers to the Union North during the American Civil War of the 1860's, where America was divided between the Union North and the Confederate South. VanCleve would have done better to emmulate the title found in the book, "Slaveholding Republic" by Don Fehrenbacher, published in 2001. Contrary to an assertion made in a synopsis of VanCleve's book, it is clear that the dispositive treatment of Slavery in America is Fehrenbacher's book, "Slaveholding Republic." Feherenbacher comes to the more balanced conclusion that the American Revolution has nothing to do with Slavery, one way or the other. My own scholarship indicates that the American Revolutionary movement laid the groundwork for the abolition of Slavery in America. The Pennsylvania Charter of 1681 by King Charles II of England states that all laws must be in accorance with reason, that is, they must be reasonable. Similary, the British Constitution, Magna Charta (1215), incorported into the Maryland Constitution, guarantees that each person has a Natural Right to Liberty. Grotius, Europe's' greatest legal philosopher, wrote that all law must be in accordance with reason, and that Natural Law, providing that the Natural Right to Liberty , is inalienable and cannot be taken away. Finally, the American Declaration of Independence and the Pennsylvania Constiution both provide that each person, without exception, has a indefeasible right to Life, Liberty, Property, and the pursuit of Happiness. Therefore, I argue that the intellecual groundwork was laid to declare that blacks also have Natural Rights to Liberty and the Pursuit of Happiness, which act to abolish Slavery. Politically, you can see that if protection from Slavery was not included in the foregoing legal protections, then it would have been possible for there to be Slavery for Native Americans, Creole Whites, Mullat Blacks, relgious minorities, and ethnic minorities. Thus, it became apparent that if Black's could be unreasonably enslaved, then other groups could as well. Thus, both as a matter of Principle, and as a matter of rational self interest, a growing movement to abolish all Slavery began. This is affirmed by the fact that the Treaty between Britain and America ending the War of 1812 bound both countries to eliminate slavery as soon as possible. So, it is clear that the driving force behind the American movement for Independence was politically motivated by a desire to eliminate arbritrary government and ensure Individual Rights of each person based upon a Natural, inherent Right to Liberty and the Pursuit of Happiness. VanCleve's first try at an academic book is a simpliste effort, and it is encouraging to note that Harvard is still putting out graduates with the caliber of George VanCleve.

Reviewed by Anthony J. Fejfar, Esq., Coif Member, United States Supreme Court Bar

The Only Valid Authority is a Reasonable Authority

Following Aristotelian Logic, it is a fallacious or false way of arguing to appeal to an authority, as such. You see, there is nothing to guarantee that a particular authority is telling you anything that is logically valid or reasonable. Thus, the only valid authority is a reasonable authority, and, you must determine in each individual case whether or not the authority is being reasonable or not. The foregoing is consistent with the Natural Law tradition descried by Grotius, and which is affirmed by the Pope, and the Catholic King, King Louis of France, and the Lutheran protestant King, King Gustavus Adolphus of Sweden. As Grotius tells us, every person, without exception, has a Natural Right, based on Natural Law, of Liberty and Property. This parallels the Philosopher John Locke, who stated that every person, without exception, has a Natural Right of Life, Liberty, and Property, and is also consitent with the Declaration of Independence with states that every person, without exception, has a Natural Right to Life, Liberty, and the Pursuit of Happiness. Given, the foregoing, it is clear that as a matter of Natural Right, each person can never be required to follow an unreasonable authority.

The United States Constitution and Natural Law Protects Academic Freedom

The United States Constitution and Natural Law protects Academic Freedom for each person. Magna Charta and the Declaration of Independence each guarantee that each person has a Natural Right to Liberty, and thus, Academic Freedom, following Natural Law, which is based upon reason. Where there is state action under color of state law, which there is in any universtiy, especially in a law school, each professor's Liberty interest, guarantees that professor's Academic Freedom under the Substantive Due Process clauses of the 5th and 14th Amendments. Thus, in the faculty review process, and in the law school or university tenuring process, and then after tenure, each faculty member is entitled to the protections of Substantive and Procedural Due Process. Thus, as long as what the professor writes or teaches is in accordance with reason, then the professor must be rewarded, and cannot be punished or fired. In regard to the foregoing, reason is defined as a composite of love, logic, and intuition. Love is defined as a postive feeling going outward. Logic is defined as the use of those logic rules which do not violate the basic Cogntive Psychology, Concrete Logic rule of avoiding a logical contradiction. Finally, intuition involves high speed, alinear, analogical thought processes, which manifest in the person's preconsious mind, or unconscious mind, and which, can go "quantum" and involve quantum non-locality, at a distance.

God, Natural Law, and the Declaration of Independence

The American Declaration of Independence states that God has endowed us with certain inalienable natural rights, enforced by natural law, which are Life, Liberty, and the Pursuit of Happiness. Additonally, Grotius states that natural law, based upon reason, gives each one of us the natural rights of Liberty and Property, which, cannot be abrogated, even by God himself. Liberty is the freedom or freewill that each of us has to follow the Good, in our own way. Thus, any attempt to limit or cancel our Natual Law and Constitutional Natural Rights to Life, Liberty, Property, and the Pursuit of Happiness involves a serious violation of Natural Law which is punishable in this life by prison, and in the afterlife by being sentenced to Purgatory Prison, which, is like Azkhaban. Of course, they say that being sentenced to Hell in the afterlife is even worse. And, in response to the theologians who say that a Good God would not allow any person to spend all of Eternity in Hell, the duration of an existant's or person's stay in Hell is now a finite number, which, of course, could be a period of time such as, One hundred thousand Trillion years.

A Logical Proof which proves that the All Powerful, Authoritarian, God, does not exist.

Some protestant Calvinists think, wrongly, that God is All Powerful, All Knowing, Authoritarian, and Arbitrary and Capricious. In fact, they say that with respect to this "God", "there is nothing that is impossible for God." Rather, it is apparent, using the following Logical Proof, that the foregoing God cannot exist on his own term, and, put another way, it is impossible for such a God to exist. Consider the following:
1. Assume for the sake of argument that the All Powerful God, for whom nothing is
impossible, exists.
2. Derive, the God for whom nothing is impossible, exists.
3. Given, the foregoing, it should not be impossible for the foregoing God to
take himself out of existence.
4. It is logically apparent, that the foregoing God does not exist because he has taken
himself out of existence, or in the alternative, it is not possible for the foregoing God to
take himself out of existence, and therefore, there is at least one thing that is impossible
for such a God, and thus, in either event, the All Powerful God, for whom nothing is
impossible does not exist.

Now, it should be noted that, first of all, the foregoing logical proof does not apply to the Catholic model of God, where God is Reason and is Reasonable. Obviously, since it is not Reasonable for God to take himself out of existence, he will not even attempt such a feat, and yet, still remains the God of Reason, or the Reasonable God. This is of course consistent with the Prologue to the Catholic Gospel of Johh, where John the Apostle and Evangelist tell us, "In the Beginning was the Logos (Reason) Jesus Christ, and the Logos (Reason) Jesus Christ was with God, and the Logos (Reason) Jesus Christ was God, and without the Logos (Reason) Jesus Christ, nothing came into being.
Additionally, since God is bound by Reason, any religous authority such as a Pope, is also required to be reasonable. Thus, to be valid, all Papal pronouncemets and church teachings must be in accordance with reason. This follows the Philospher and Theologian, Grotius, who wrote the the natural law of reason, which includes natural right of Liberty and Property, cannot be divested by anyone, not even God himself. Grotius writing was affirmed by the Pope, the Catholic King Louis of France, and the Lutheran King Gustavus Adolphus of Sweden.