Whatever Happened to Justice Ch 16

Political Law: Characteristics and History

• Political law is a system of laws based on the current power holders' decisions, rather than fixed principles like common law
• It lacks inherent logic and morality
• It is highly susceptible to change and fluctuation, making long-term planning and economic progress precarious.
• The shift towards political law occurred significantly in the 20th century, largely due to the Great Depression. Public desperation during the period led to demands for government intervention, often disregarding fundamental laws in favor of expanded force.
• Political law is the opposite of common law, which prioritizes established principles
• Democracy or dictatorship—political law remains arbitrary in both contexts, requiring obedience to power holders regardless of ethical considerations. The majority, similarly to dictators, act out their desires, not necessarily considering righteousness.

Origins of the Shift to Political Law

• The Great Depression of the 1930s played a crucial role in the rise of political law. Public confusion regarding the economic crisis led to demands that governments implement immediate solutions.

Consequences of Political Law

• Political law's instability makes long-term planning difficult for investors and businesses. Instability hinders economic progress.
• The unpredictability of political law erodes trust, discouraging investments, and potentially leading to economic slowdown and unemployment.
• Examples of negative consequences due to political instability are provided (e.g., the Reign of Terror, Salem witch trials, U.S. treatment of Native Americans)

Common Law vs. Political Law

• Common law, or scientific law, is based on logic and enduring principles, unlike political law.
• Supreme Court Justice Oliver Wendell Holmes Jr. defined law as systemized prediction, emphasizing the consistent application of legal principles.
• Pre-20th Century political law was subject to fixed ethical principles and logic
• The American Revolution was fought to uphold scientific laws against ever-increasing infringement by government officials
• Founders' belief in God-given rights to life, liberty, and property as unalienable and non-changeable, formed the groundwork for the new nation's founding documents.

Role of Religion and Morality

• American founders cited higher laws and religious principles (like God's will) as guiding forces in shaping laws, emphasizing the importance of ethical and moral standards in lawmaking
• Jonathan Mayhew's sermon (1750), considered influential in the American Revolution, argued that a king's legitimacy relied on his obedience to these higher laws.
• Mayhew highlighted the duty to disobey government laws that violate divine ones.

Criticisms and Perspectives

• The text critiques modern Americans for taking fundamental documents/principles for granted, while expressing appreciation for American values.
• There's a historical observation that the US Constitution and Bill of Rights are often not fully implemented in practice, despite their importance.
• A letter from Makram Samman (originally from Egypt) emphasizes the value of the US Constitution and Bill of Rights compared to other nations' approaches to government.

Explore the unique characteristics and historical evolution of political law, particularly its emergence in response to the Great Depression. Understand how political law contrasts with common law and its implications for governance under democratic and dictatorial regimes. This quiz examines the systems of power and their impacts on societal ethics and long-term planning.