Law From Within: Principles of Natural Law Principlia Ius Naturalis

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CHAPTER 1

NATURAL VERSUS ARTIFICIAL LAW

Blueprints in nature

From the beginning, I had argued in my mind that Mans body is the aggregate of an enormous diversity of cells, tissues, organs and systems, mental processes additional, and that not one of these could disagree with another in the service of one's life. I postured that although all are different, each has only one purpose, namely to sustain life. Every constituent is equally tasked, yet is individually unique.

I sensed that if Man in good health ordinarily, is governed by natural processes that uphold life while permitting free will thought, surely these patterns could be translated into Man's societies. So I questioned in my mind, whether Creator had offered Man a law blueprint within his nature and being. If so, would that be sufficient enough to transcribe into his societies? Would Man need to write laws additionally? Could a society exist that would enable Man's will to run free, yet prevent him from violating another's will to live as he or she might choose?

It became very apparent that no examination of this kind would stand scrutiny, unless it is factually grounded in Man's nature. So I asked myself, what is constant and consistent in Man, while allowing his will to be free? What describes Mans equality with others, but still allows differences from all others?

The answer was free will, jointly with natural law. For Man's will to be (forever) free, Creator must have provided boundaries that would ensure it. So it is that Creator's natural laws allow a governed mental process to coexist with free will, within each of us. This book tells that story. Then it tells how personal life satisfaction may translate into society with no alteration or addition.

I'd sensed that patterns of order (orderliness) must prevail; exactly as Frank van Dun, (Philosopher of Law) describes natural law, from its roots in etymology. If these orderly patterns are consistent and equal in all humans, while free will is correspondingly unique and independent, then natural law most emphatically upholds equality, and uniqueness, jointly.

That connection hit home resoundingly. I totally got it! If the content of our free thought is separate from our actual mental process, then it is possible to have unbridled freedom within a governing (natural law) process; applicable to all! There is no conflict, nor can any be! It is perfect! We are all equal in freedom. Creator has governed Man's mental processes, not to inhibit our free will choices, but to ensure that our free will prevails!

That understanding caught me off guard, but its truth is pure beauty. Its implications have personal, political, and societal application, unlike anything history has shown.

Another revelation struck home. Creators laws and Man's laws are incompatible. One precludes the other. I did not need to study common law, maritime law, positive law or any other legalities. No law library sufficed. I needed only to study Man.

If natural laws govern each of us, then by sensitive extrapolation, they should apply to ethics and morality respective of our social and business dealings. So I sought to understand the full essence and correspondence of natural laws within the nature of Man and his life processes. Results from that study have far exceeded my greatest expectations!

Primacy theories

Did your consciousness or mine create reality and its governance, e.g., the law of gravity, or did nature awaken your consciousness and mine to existence, including its natural rules?

A Primacy of Consciousness theory, developed from the works of Plato, Emmanuel Kant, and Rene Descartes, all three regarded as amongst the world's most influential philosophers. Their philosophies remain taught in most world universities. In contrast, more recently, a Primacy of Existence theory was put forward by Ayn Rand. Which comes first; consciousness, or existence? she asked?

These two theories cannot coexist. Look no further for the source of philosophic disparity, non-sensical confusion, and why many people cannot make head nor tail of philosophy.

The Primacy of Consciousness theory is the source of collectivism, from which subjectivism has become the psychological and political means to herd Man into states, to rule our minds and bodies, as though we are animals.

Rene Descartes famous statement, 'I think, therefore I am,' is today accepted by legions as profound truth, such as that consciousness precedes existence. Does it? Consider Descarte's first two words, 'I think.' Now ask yourself, does the 'I' actually exist? Surely it must, else what enables us to reason? Existence of a conscious mind that can think, shows conclusively that existence of a mind precedes any use of that mind.

Then, the statement should be inverted to read, 'I am, therefore I think.' Ayn Rand's Primacy of Existence theory, bound by that declaration of hers, upturned three centuries of bogus philosophies.

It matters a great deal which of those two opposing ideas one accepts, because it will have a marked effect on all their thoughts, emotions, and experiences in life. This work embraces Rand's 'primacy of existence theory,' fully refusing the 'primacy of consciousness theory.' Man must exist for his consciousness to exist and conscious mind must exist for cognitive thinking to proceed. Both are axiomatically indisputable. If ethics, morality, natural law, and justice are our focus, then all enquiry must begin with the existence of Mans life, and his conscious abilities.

Metaphysics

Metaphysics, from the Greek word 'metaphysika' (literally, after physics) is the branch of philosophy that enquires into the nature of existence, our being, and the world of physicality. It is the foundation of philosophy, or as Aristotle called it, 'first philosophy,' i.e. the subject that deals with first causes and the principles of things. Questioning the nature of reality, includes the question — if things exist, what is their objective nature? Aristotle's concern was first the physics, then, in sequence, what comes after physics? Hence, metaphysics is the union of physics with its derivative relationships.

Sadly that description seldom applies today. Metaphysics is now considered to be external or beyond physics, that may effectively usurp or deny derivative relationships.

Existence, the fact or state of continued being, is axiomatic. Nothing that exists can deny or refute itself. Existence exists, is the axiom that states that there is something, as opposed to nothing. It is present in every thing, circumstance, and event, directly or indirectly available for Man to understand.

Consciousness is the faculty of identification. The first essential of conscious identification is that some identity must first exist, or there is nothing to be conscious of, and no consciousness.

Totality

This study is fully comprehensive. Revelations often caught me by surprise. Many times I found need to validate my thoughts because they seemed out of place, even illogical. Many crossed universal acceptance yet appeared valid. Were they or were they not? The further I advanced the more accurate most looked and the simpler they became. Some proved false. Complexities faded away. Supportive considerations offered. Examples became evident. Pointers that suggested a new line of research appeared, and so this totality robustly grew, even though diminishing in complexity. Dots joined repeatedly as the full picture emerged.

From the beginning, I had thought it might be necessary to write a code of ethics based on my findings, if indeed they lived up to my expectations. My greatest delight was to realise that Creator had done that already. Ethics, as a science, is written within the nature of our being. Our individual task is to understand it and live it. Nothing more is needed. That is what this book seeks to impart.

Man's nature, as Creator endowed, is my reference base. Earlier work, assisting my son Scott to grapple with corporatised government, aided by long exposure to legal and contractual documents through town planning and building industry, afforded me a jump-start. Both sides of the coin became abundantly clear. I'll begin with corporatised government and refer to it periodically so that you can also see both sides of the coin.

Government

If a nation expects to be ignorant and free, in a state of civilisation, it expects what never was and never will be.

— Thomas Jefferson

Jefferson's words hold eternal truth. Mans freedom and civilised association depend on knowledge, and understanding, whose capacity we all have as individual living beings. The most astounding truth that arises is this, and you can quote me: Mans individuality is spurned by all the laws Man has ever written; yet is inherent in every law that Creator bestowed upon Man.

That truth is the most profound issue ever faced by humankind, yet throughout Man's entire history it has been the least considered or discussed. The reason is threefold.

• Societies governments are universally believed to offer indispensable benefits and protections.

• Government panders to that belief and insists its continuance. No matter what good or evil it indulges, it portends to provide essential benefit to the collective. All are to be considered just, moral, and exemplary in the political and legal sense.

• Accordingly, nearly every person on earth believes that government is indispensable to comfort, to security, and that legally regulated society is for Man's best interest. Thus life in service of societal goals is Mans moral duty, to self, family, friends, and the state, no dispute entertained.

Leaving monarchies, and dictatorships aside, diagram 1 shows that government was initially intended to protect people and their rights.

Sadly, however, greed, avarice, and corruption, progressively smashed lawfulness based on the nature of Man. It substituted legalities based on society by company, known today as corporatised government. (This subject is later discussed.)

Laws, as most people understand, are rules written for Mans protection from all who would invade our lives, enact violence, trespass our rights, rob us of our labours, and deny our God-given right to life. Tragically, however, and unbeknownst to all but very few, the law they rely upon is not law at all. Excepting for a few elements of criminal law, today's legal structures known as Positive Law, widely accepted and obeyed, are fictionally created for political ends; not for Mans freedom and protections.

Government's edicts or laws are (today) taught, propagandised, legislated, and enforced for the sole purpose of maintaining control, including control of Mans thoughts, intentions, and actions. The result is anti-life, as diagram 2 shows.

Observe that the phrase consent of the governed is identical in diagrams 1 and 2, but where consent first offered Man's protection at government risk, today it protects the state at Man's risk!

Few people understand this immoral inversion. Today's mindset is firmly that one singular being, or group, has authoritarian right to rule others; ostensibly for Man's protection, comfort, and security. So government control is disguised benignly as democracy, wilfully upheld by most citizens. No supporter truthfully admits or confesses to a wilful agreement of tyranny, slavery, initiated violence, and wars.

Thus all laws arising from this moral inversion appear, or are taught indispensable to life's comfort, and security satisfactions, and so they repeat century after century, unchallenged.

A conclusion is abundantly clear —

Any society that authorises a state to rule it by force deserves all the tyranny and bloodshed that authority approves.

Societal insanity cannot be more plainly stated, I submit. Criminal violation of life will continue with our consent until Man changes the common mindset.

Positive law

Law in today's world is called Positive Law, that includes Common Law. It is human-made, namely statute law. Positive law creates fictional beings called Legal Entities. It usurped our born name, by changing its form, then attaching a body politic to the manufactured name. Thereafter, government will do all it can to conceal, that what you think is the real you, is their legal acquisition. Your real identity is stolen; denied. Passport's, driver's licence's, identity cards, and social security numbers are regarded as your legal ID. They are not your ID, however. They identify the legal identity created by government, not the living being that your parents created. Legal entities are fictions, while flesh and blood living beings are real. Thus statute laws necessarily dismiss and countermand the natural laws of Creator, as they apply to living people. For example, within Maritime or Admiralty Law, there is not one provision, anywhere, for any judge in that entire system to address a living man or woman.

Statutes and directives command us. We're coerced by propaganda and misleading practices, including by the legal profession, into believing that natural flesh and blood living beings are natural persons, yet, unbeknown to almost everyone, 'natural persons' are deemed Legal Entities. Thus natural persons are not living men and women, legally. The truth is that we function in positive law, as and for a counterfeit legal entity, stolen from our born name without our consent. In complete ignorance of this deception, we refer to this political fraud as consent of the governed, to the utter delight of those who rule us! (Please see Chapter 15 for a full description of Positive Law and its implications.)

Natural law

In his treatise, The Lawful and the Legal, Frank van Dun, Philosopher of Law, writes —

The word 'law' means order, hence Natural Law is simply the natural order. In the sense in which Natural Law is relevant to jurists, it is the natural order of persons, specifically, the order of natural persons: human beings that are capable of rational, purposive action, speech and thought. In short, Natural Law is the natural order of the human world. Laws are patterns of order. Hence, Natural Laws are patterns of natural order–and, in the juristically relevant sense, patterns of order among natural persons. — Frank van Duni

Please note importantly that in all van Dun's extensive writings on the subject of Natural Law, natural persons are distinctly separate from a rtificial persons, these concocted by statues or laws within legal systems, altogether, positive law. His work attests that 'natural persons are always living human beings born of nature,' despite any statute legislation that decrees otherwise, as is the case in Australia.

Law is not what someone said or wrote, whereby all must obey. Statute law is not law; it is statute rule. Natural law addresses the orderly functioning of what already is. (Consider the law of gravity.) Not one natural law commands! All express an orderliness of that which already exists.

If we are to overcome the prevailing mindset that ranks mass subservience higher than independence, it becomes crucial to learn and practice the object of natural law, its ethics, morality, and justice. Frank van Dun also offers a reason for the rejection of natural law.

The practice of Natural Law also has been eliminated completely by the legal profession. Very often, the study and the practice of Natural Law are scorned if not ridiculed. The reasons for this desultory attitude towards Natural Law are many. However, the most important reason for the negative attitude is that the legal profession has discovered that there is much more money to be made from focusing on highly politicised complex, constantly changing systems of social regulation than it ever could hope to make from the study and practice of Natural Law. — Frank van Dun

Nothing is more important than to study Creator's laws governing the intentions and consequences of actions taken by intelligent living beings. Whether one applies conscious thought to any action or not, natural laws will affect the outcome.

CHAPTER 2

NATURE AND PHYSIOLOGY

Man's nature

Man's nature offers the only referral base facilitating scientific study of natural law, including for its presentation, application, and education. We are all separate, individual, and unique. Free will is individual, and independent. We are not humankind, as a conglomerate mass, rather an aggregate collection of singular beings. Every man, woman, and child is separate, a unique living being, every one endowed by Creator with all the faculties needed to live his or her life to the full.

Communication between conscious and subconscious mind is the interface between Man's spiritual nature and the physicality of his body, and the material world. This is fully explained later, but here points to a very different view point from that commonly accepted.

(Continues…)

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Excerpted from "Law From Within"
by .
Copyright © 2017 Kenneth E. Bartle.
Excerpted by permission of Balboa Press.
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