- Please welcome our new blogger on DaddyBlogger.com-
-We are very thankful for the insight and writings of "Big Daddy"-
Legal Positivism and NCP’s
[W]hy then do parents who have NOT abandoned their child(ren) accept being classified as “non-custodial”??? Doesn’t accepting the label of “non-custodial” further the idea that legal positivism will be tolerated rather than attacked ferociously as well?
I agree with your implications. Legal Positivism is the denial of morality in law. While it might be argued not every law has moral implications (although I would present a different thesis), the legal positivist would assert no law has any moral implication. The law and morality are separately defined circles that never overlap. Our defense against legal positivism is founded in our basic assumptions. Or, as I am want of saying, our belief system!
That we the people, ever claim to have any rights must necessarily be derivative from an Authority. That we insist, that we have unalienable rights inherent within our beings, necessarily requires that those rights come both from said Authority and are also embodied within that said Authority, not the law. Otherwise, we begin down the slippery slope of relativism- non-absolutes. Thus, emerging with the reigning power self-granting its own authority- by law, according to its own agenda- sovereign’s will, to the degradation of the masses' once assumed unalienable rights, now absent Authority. The telos- The ultimate result, leads to totalitarianism!
One cannot insist he/ she has unalienable rights without granting that said unalienable rights are both embodied within and derivative from God! Once, we allowed the government to convince us that God was not allowed in the schools, thirty plus years ago, we began down the slippery road of relativism; Utilizing the replacement theology of existentialism; interpreting with the hermeneutic of modernism (and now post-modernism) resulting in the employed methodology of legal positivism to not only law, but also life. Absent of God, we have become absent of morality.
While woman for several decades have been moving their collective agendas through the legislatures and the courts, we men, more broadly IV-D and IV-E non-custodial victims, have nobody but ourselves to blame! We stood passive far too long ago, discharging our duty in the belief that- unalienable rights have no requisite in corresponding duties! Simple contract law asserts that "no right exists without a corresponding duty!" While assigning our duty to our elected officials we also, ignorantly, discharged our right to control government.
It is no wonder, within our ranks, that we see the evidences of our discharged duty. On the one hand, we have tyranny, ranging from ranting to, in some cases, full fledge gun assaults. On the other hand, we have tyranny's logical antithesis- apathy! Such has gathered us to this day!
“The fatuous path of the amoral person is the silent anesthesia of doom!”
(please feel free to comment - no account is required!)