Consider for a moment if a doctor in training discovered that NONE of the education provided in the medical schools had any application in the real world.


That is the unfortunate situation for those thousands of new lawyers minted yearly by our law schools.


Law is taught to eager minds by the case law method.  Law students read, study then brief Supreme Court cases in each subject matter.  The assumption is that knowing what various supreme courts say about the law is what judges will follow in the real world.  


In short, law students are taught on the premises that the present judiciary will follow The Rule of Law.  That is a fiction.  


Aquinas conceives of what is known as the laws of nature.  The Laws of Nature are different from Man-Made laws such as statutes and case law.  Judges are required to follow the latter not the former.  Judges are required to follow Man-Made laws which are known as The Rules of Law.  Laws of Nature are different.  When judges follow the Laws of Nature they are being “free agents”.  They are not applying nor following the Laws of Man.  Therefore, they are not following Common Law.  They are not following the Law of Precedents otherwise known as stare decisisSTARE DECISIS Lat. "to stand by that which is decided." The principal that the precedent decisions are to be followed by the courts.

Laws of Nature should be left to those who discovered them in the first place:  scientists.  Laws of nature should be left to those who discovered them in the first place:  philosophers.  Laws of human conduct or Man-Made laws are made by legislatures. Laws of Nature are discovered by scientists and philosophers.  Man Made Laws are supposed to be discovered and applied by judges based on decisions in previous cases.  Once so discovered and applied, these laws are supposed to be followed by subsequent judicial rulings as precedent.  The public cannot possibly know how to conduct themselves in the field of human affairs unless they can rely on judge-made law or Common Law from previous judicial decisions.  This is also known as Case Law.  Case law is the law enunciated by cases decided by judges in our highest courts.

“Aquinas conceives the Laws of Nature which the scientist discovers as laws implanted in the very nature of things at their creation by God.”  Mortimer Adler, Great Ideas, The Lexicon of Western Thought, Macmillan Publishing Company, Page 417(1952, 1992)

The problem is that the Judiciary has decided that it is free to follow the Laws of Nature; that is the laws divined by God, rather than the Common Law.  In a word, Judges have decided they are Gods and may follow their own instincts and do not have to follow Man-Made law. 

No law school anywhere in the United States, not even Harvard, tell their students the true state of affairs in the legal operating theaters in the real world.  That is a fraud on the public, on the students and on lawyers everywhere.  A blatant, sad fraud on all of us.  

Posted on Sunday, March 13, 2011 at 01:07PM by Registered CommenterLAUREN PAULSON | CommentsPost a Comment

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