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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!”
Big Daddy
(please feel free to comment - no account is required!)
It seems to be one of the hardest concepts for the modern American citizen to grasp. The concept that it is the duty of the people to hold their government in check by actively petitioning their elected officials and if needed throwning them out on their ears. I received some feedback concerning my latest letter to the editor in the Kalamazoo Gazette. I heard that someone thought that my points where all great up until I stated that people should contact their elected officials concerning the issues and to not vote for any politician who does not actively support equal parental rights. I was told that this person was put off by being told to become involved and that nobody wants to read that kind of political stuff. People have been conditioned to think that government and legal proceedings are not connected directly to their politicians, they seem to think that it is one thing to not like what is going on in society but voting is whole different issue. I am really baffled by why there is such a high level of ignorance in our society, and the lack of willingness to become politically active. I have spoken with a number of people lately who just did not seem to grasp the concept of holding politicians accountable.How do we convince people that who they vote for, who they support and who they oppose is what it is all about?
Posted by: Darrick | July 08, 2008 at 12:07 PM
Darrick,
You asked- "How do we convince people that who they vote for, who they support and who they oppose is what it is all about?"
The answer is not in challenging people to change their behavior, or for them to do something that they formerly did not do, rather, the solution is, as I wrote, correcting people's Belief System!
People need to be changed in their basic assumptions, as a fundamental re-education of how people INTERPRET life, self and events. This change in Interpretation is not to occur easily. It will take much effort and it is fully accomplished over generations.
Speaking to the macro view, we can see, within Family Law in MI, these successive, generational improvements in the re-education of people are occuring. This is the good news. Darrick, you point out the continued apathy, while relevant, but it only succeeds to disable your own growth.
Each person must, as a neccesity, assume his/ her own re-education, utilize his/ her own skill sets, abilities and actuate these in a program of re-educating others. Our responsibility ends at our presentation of the correct belief system, while not becoming enmeshed in somebody else's rebellion towards being re-educated!
Our continued focus on the rebellious, apathetic, wrongly educated, continuously remaining in a false belief system person is our endless enmeshment, resulting in our own non-productivity. Continue to remain connected with these people, but remain unemeshed with their sickness!
Big Daddy
Posted by: Big Daddy | July 13, 2008 at 11:39 AM