Tag: law

The Basis for Law

A good friend of mine, Herb, is a retired Yale professor. Hailing from Louisiana, he also has a lifetime of passionate progressive activism behind him. As part of his next act, he’s trying to help establish an online local news, Ashland.news, working with a handful of others. In accordance with that activity, he also publishes opinion pieces.

This week, Herb took on his home state’s misguided efforts to post the ten commandments in every school classroom. Louisiana proponents of that effort claim that the ten commandments are the basis of law in the United States. Without saying, poppycock, Herb points out that isn’t so, focusing on the Supreme Court building to help establish his point. It’s not a long article and I invite you to read it, but these are the gist of Herb’s position.

I would welcome opposition to publicly sponsored display of the Ten Commandments on historical and moral as well as Constitutional grounds. I would (and now will) argue that as a code of justice the Ten Commandments are rudimentary, and they were not especially formative of U.S. law.

In a National Public Radio interview, Dodie Horton, who sponsored the mandatory display bill in the Louisiana senate, contended, “Our laws are based on the Ten Commandments. In fact, without them, a lot of our laws would not exist.” Which laws might she mean (the interviewer didn’t ask)? It needs no voice from a thundercloud to teach us not to murder, steal or bear false witness. No society can tolerate such actions because they destroy social cohesion.

Hebrew society wasn’t even the first to write down these prohibitions. The Code of Ur-Nammu antedates the Book of Exodus by at least a millennium. In it, murder, rape, robbery and adultery are capital crimes. A somewhat later and more famous Mesopotamian code, ascribed to Hammurabi, has 282 laws and regulations addressing a wide range of social and economic interactions. A portrait of Hammurabi in marble relief is included in the frieze on the south wall of the U.S. Supreme Court chamber.

The figures in that frieze and its continuation on the north wall point to the many sources of our laws. Reading the south frieze left to right: Menis (from ancient Egypt), Hammurabi, Moses, Solomon, Lycurgus (ancient Sparta), Solon and Draco (ancient Athens), Confucius and Augustus Caesar. Reading the north frieze from left to right: Justinian, Muhammed, Charlemagne, King John (because he signed the Magna Carta), Louis IX, Hugo Grotius, William Blackstone, John Marshall and Napoleon.

We don’t have legal documents from all these figures, but most of them represent legal developments that were formative for us. Pace Ms. Horton, were there no Ten Commandments, our laws would look no different than they are, but they are unimaginable without the Corpus Juris Civilis (Body of Civil Law), the codification of Roman law under the auspices of the 6th century CE Eastern Roman emperor Justinian I. An even more formative influence was William Blackstone’s “Commentaries on the Laws of England” of the 18th century. It’s the best-known description of the doctrines of the English common law, which developed separately from Roman law.

If Republicans were more interested in facts instead of myths, they would know the facts as Herb laid them out. Unfortunately, they’re too busy suborning the U.S. Constitution and its foundations and forcing their religion on everyone else to bother learning facts.

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Sat-er-day’s Theme Music

Mood: relief balanced with hope

This Saturday, Feb 17, 2024, is meh again. Like a giant gray spaceship is hovering above us, blotting out the natural sky and sunshine. Rain has begun streaking the windows again. The wind’s been gusting all morning, as if a giant wind machine has been turned onto four. There are eleven settings for the machine, of course.

It’s 54 F now. We’re closing on 1 PM. 56 F will be our high. Another late start to posting, caused again by reading (fiction and non-fiction books, along with netnews), and writing my own fiction. Had to read more stories about Trump travails. His rages about (fill in the space). Rage, lying, hating, he’s commendably capable of those three things and demonstrates them often.

Tucker is doing much better today. I reduced his pain med, and he’s adjusting, as they suggested he would. So happy to see that.

Papi is not happy today. After being denied permission to go out from dusk to dawn, I let him out this morning only for him to encounter the wind. When it finally reduced its strength, rain moved in. Papi no like wind and rain.

I’m not crowing about the NY fraud judgement against Trump. From what I read, justice has been served, though I know how malleable justice can be. My wife raged yesterday about Trump’s immunity matter. In her opinion, something like that should’ve been answered post haste. “The Supreme Court should have already said that nobody is above prosecution for crimes.” Slam dunk to her, with no offramp for any reason.

So why haven’t the Supremes acted? Why are they stalling, she demands. Well, we know much about this court by now, and Roberts’s concern about his legacy. And several of the Supremes were plugged into the court as Trump’s choice. What happens if they rule against him? There will probably be death threats against them and even possibly protests at the court or at their homes. My wife and I think they’re very worried about those matters. But to rule that Trump is immune seems hugely unthinkable. Yes, it’s high drama.

Musically, I read that the Beach Boys began recording the song, “Good Vibrations” on this date in 1966. Ten years old, I connected with this song as soon as it came out later that year, so without the need for much comment, I’ll tell you that The Neurons immediately put it on in the morning mental music stream (Trademark coming in two weeks). The song’s dramatic shifts in tempo and sound, and the lyrics about vibrations and love and attraction, all captivated me, along with the theremins’ use, and the softly melded piece with an organ that invokes the sense of being in a church. This is a song which I always used to crank up in volume and fall still to appreciate. I often still do, over sixty years later.

I was talking to one of the painters yesterday as they wrapped up. “How long have you been doing this?” I asked. He was so proficient. He ended up telling me he was 51, and he’s been doing this for 30 years. I reflected, I retired from the military twenty-nine years ago, just a year after he began his career.

Stay positive, remain strong, leeeaaannn forward, and vote. Strengthened by the power of coffee, I’ll do the same. Here’s the music. Cheers

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An Inconclusive Dream

First, my sister-in-law was visiting my wife and me. She was upset and came to talk to us.

I can’t describe where we were at. My observations were limited to a very close personal point-of-view. There seemed to be a place in black and white, and seemed like it was night, but we were inside, so I’m not certain of much beyond those basics.

I don’t know what upset my sister-in-law, either, nor why she came to us. All of that is hazy. My wife and I were tired and got into bed to go to sleep, and my sister-in-law got into bed, too.

None of us could sleep. First, one of my cats (the ginger fellow) came in, walked up to my head and looked at my face. I tried pulling my covers over my head so that I could sleep.

Then, I heard voices. After listening and failing to identify who it was or where they originated, I got up and started talking about them. My wife said that she heard them, too. I went to find the source and discovered my nephew. He’s my wife’s other sister’s son. Sitting cross-legged on a bed,  he was engaged in a noisy phone conversation on speaker.

I went back and reported that and then left for downstairs. Downstairs was daylight. Part of it was a gas station, but there was also a junk yard, and other things that I couldn’t make out. The gas station owner turned out to be my lawyer. I was being tried for something. I don’t know the charges. He and I walked around, supposedly to talk about the case, but neither of us were interested in it. He thought I was going to be convicted, and I unconcerned. Strolling around, we were under lights, but outside, but remained daylight. Others were there. They distracted the gas station owner/lawyer, a big old white male with short brown hair dressed in blue overalls. He drifted off to talk to them.

Sitting down, I gazed around the pile of junk. It was mostly old cars, tires, pieces of fencing, and a few appliances. Across the way, I saw a Studebaker Hawk. Rusted and faded, it had lost its side windows and wheels, but was otherwise intact. When the lawyer/GSO returned, I pointed it out for confirmation that’s what I was seeing. Yes, he answered, and then launched into a meandering story about how it came there that I couldn’t hear or understand.

He went away ago. Turning, I discovered a red Ferrari Testarossa Spyder go-cart. I wanted to know if it ran, and what it used for an engine, whether it was electric or gas-powered. I put these questions to the lawyer/GSO when he came back.

ferrari-testarossa-spyder

“Sure,” he said, with a good ol’ boy laugh while scratching himself. “It runs.”

“Can we start it?” I asked.

The laywer/GSO looked around and said (I think), “Let me see if I can find him.”

My wife came down. I told her about the Studebaker and the Ferrari, showing her the latter, telling her that I was waiting to see if it can be started.

The dream ended on that note.

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