Contract Law Questions

Does English Common Law Apply in America?
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Well, if you are libertarian, and all you care about is contracts contracts contracts, you may want to pay attention.
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Dec 6, 2014, I wrote:

Have an employment contract? (ie, an employee agreement?). Does it say you cant go to work for a competitor? Minnesota law is based on old English common law in how courts enforce these contracts. CD2’s extremist Ron Paul Tea Party Libertarians in the republican party object to this, insisting that history of law in general is invalid; only modern laws we make now (meaning after 1990) are valid. Thats how they want civilization to be run, which makes Libertarians (and the liberal philosophy they base everything on) extremely dangerous to civilization. Why is the Tea Party so against history based law? One reason is they think marriage is a private contract and marriage is none of the state’s business. But the republican party historically imposed marriage laws on the south in order to give former slaves the right to marry. The GOP led government wrote marriage laws – and they weren’t just private contracts. Libertarians hate this about the republican party and get very angry when told of it. Which is why I have half the republican party assholes blocked on facebook.

The Tea Party radicals in Minnesota want gay marriage. Thats why they are against old english law and the rights of englishmen. BTW, the rights of englishmen are why we have the 2nd amendment.

Followup: Bill Pentelovitch (shown above) wrote the wrote the chapter on non-compete agreements in the Minnesota Business Torts Deskbook. The rule in Minnesota is pretty similar to most other states, and that is old English common law,” Penteovitch said. “There are only two states that have laws that are very restrictive of noncompetes, and thats North Dakota and California. Thus Pentelovitch affirms the common law, from a thousand years ago, runs our daily lives. History *IS* important, despite what the Ron Paul fanatics and other jackass republican idiots say about it.

Reference:

https://www.maslon.com/bill-pentelovitch-and-haley-schaffer-author-chapters-in-minnesota-cles-ibusiness-torts-deskbook-i

Threat to Democracy or Controlled Implosion?

This caught my eye today.

I have to say I never truly appreaciated the screaming the House of Commons does at each other over the aisle of Parliament. It is a mild form of controlled implosion.

The following is an opinion article on democracy by Jonathon Turley. Jonathan Turley is the Shapiro professor of public interest law at George Washington University and a practicing criminal defense attorney.


The single greatest threat to America is hiding in plain sight.

A startling poll was released last week showing that a majority of voters not only view the opposing party as a threat to the nation but justifying violence to combat their agenda. The poll captures a crisis of faith that I have been writing about for over a decade as an academic and a commentator. Many now question democracy as a sustainable system of government. It represents the single greatest threat to this nation: a citizenry that has lost faith not just with our system of government but with each other.

The polls by the University of Virginia Center for Politics shows a nation at war with itself. Fifty-two percent of Biden supporters say Republicans are now a threat to American life while 47 percent of Trump supporters say the same about Democrats.

Among Biden supporters,

41 percent

now believe

violence

is justified “to stop [Republicans] from achieving their goals.” An almost identical percentage,

38 percent,

of Trump supporters now embrace violence to stop Democrats.

Not surprisingly, many of these people have lost faith in democracy. Some 31 percent of Trump supporters believe that the nation should explore alternative forms of government.  Roughly a quarter (24 percent) of Biden supporters also question the viability of democracy.

Faith is the one thing that no system of government can do without. Without faith in the underlying values of a constitutional system, authority rests on a mix of coercion and capitulation.

For years, I have written about this growing loss of faith and how it has been fueled by our intellectual and political elites. In the echo chamber of news and social media, citizens constantly hear how the opposing party is composed of “traitors” and how the constitutional system works to protect enemies of the people.

Viewers now get a steady diet of figures like Elie Mystal  who called the U.S. Constitution “trash” and argued that we should simply just dump it.

In a New York Times column, “The Constitution Is Broken and Should Not Be Reclaimed,” law professors Ryan D. Doerfler of Harvard and Samuel Moyn of Yale called for the Constitution to be “radically altered” to “reclaim America from constitutionalism.”

Rosa Brooks went on MSNBC’s “The ReidOut” to lash out at Americans becoming “slaves” to the U.S. Constitution and that the Constitution itself is now the problem for the country.

They are part of the radical chic that has become the norm in academia — and widely embraced by the media.

According to these law professors the problem is not just our Constitution, but constitutionalism in general.

Others have argued that key protections or institutions should just be ignored. In a recent open letter, Harvard law professor Mark Tushnet and San Francisco State University political scientist Aaron Belkin called upon President Joe Biden to defy rulings of the Supreme Court that he considers “mistaken” in the name of “popular constitutionalism.”

“Popular constitutionalism” appears a form of discretionary or ad hoc compliance with constituitional law. If only “popular” constitutional rules are followed, the Constitution itself becomes a mere pretense for whatever the shifting majority or forming mob demands.

Politicians have also contributed to this crisis of faith in challenging constitutional values or core institutions. Members like Rep. Alexandria Ocasio-Cortez, D-N.Y., have questioned the need for a Supreme Court.

Others like Sen. Elizabeth Warren, D-Mass., have called for the packing of the Supreme Court  to simply create an immediate liberal majority.

Senate Majority Leader Charles Schumer, D-N.Y., thrilled his base by going to the steps of the Supreme Court to declare “I want to tell you, Gorsuch. I want to tell you, Kavanaugh. You have released the whirlwind and you will pay the price! You won’t know what hit you if you go forward with these awful decisions.”

It is little surprise that one man showed up at the home of Justice Kavanaugh to kill him for his “awful decisions.”

Conversely, former President Donald Trump has regularly denounced his political opponents as “traitors” and “enemies of the people.” He recently declared

“If you go after me, i’m coming after you”

With leaders engaging in such reckless rhetoric, it is hardly surprising that the Constitution itself is now viewed as a threat to our nation rather than the very thing that defines us. It is designed to restrain the majority and protect those who are the least popular in our society.

In the end, a constitution remains a covenant not between citizens and their government but between each other as citizens. It demands a leap of faith; a commitment that despite our differences we will defend the rights of our neighbors.

If nothing else, the Constitution has one thing to recommend it: we are still here. It is a Constitution that has survived economic and political upheavals. It survived a Civil War in which hundreds of thousands were killed.

It is not a particularly poetic document. It was written by the ultimate wonk, James Madison. If you want truly inspirational prose, try any of the French constitutions. Of course, they had more practice since they regularly failed. Other countries based their constitutions on aspirational statements of the values that we shared. The Madisonian system spent as much time on what divided us; it not only recognized the danger of factions but created a system to bring such divisions to the surface where they could be addressed.

The danger of other systems was realized when these divisions were left below the surface where they would fester and explode in the streets of Paris. The American constitution allowed for a type of

toward the center of the system; these factional interests would be expressed and vented in the legislative branch. The Madisonian system does not hide our divisions; it invites their expression.

The question is whether we have reached a time when the things that divide us will now overcome what unites us.

This is not our first age of rage. Indeed, at the start of our Republic, rivaling parties were not just figuratively trying to kill each other; they were actually trying to kill each other through laws like the Alien and Sedition Acts. Thomas Jefferson would refer to the term of his predecessor John Adams as “the reign of the witches.”

Yet, that history is no guarantee that it can survive our current age of rage. The relentless attacks on the constitution from the political, media, and academic elite has turned many into constitutional atheists.  Yet, the future of our constitutional system may rest with the rising number of constitutional agnostics — those citizens who are simply disconnected or disinterested in the defense of our founding principles.

Philosopher John Stuart Mill warned in 1867 that all it takes for evil to prevail is for “good men [to] look on and do nothing.” We are now in an existential struggle to preserve the values that founded The most successful constitutional system  in the history of the world. It is our legacy that now can be either boldly defended by a grateful people or lost in the whimper of a disinterested generation.


Language of God Excerpt #3

While reading Language of God something important caught my eye and I wrote about it at the time.

This is cross posted here: https://randomraindrops.com/2023/10/21/naturalism-of-the-gaps/

Francis Collins writes,

Science is not the only way of knowing. The spiritual worldview finds another way of finding truth. scientists who deny this would be well advised to observe the limits of their own tools, as nicely represented in a parable old by astronomer Arthur Eddington.

He [Eddington] described a man who set about to study deep-sea life using a net that had a mesh size of three inches. After catching many wild and wonderful creatures from the depths, the man concluded there are no deep-sea fish that are smaller than three inches in length! If we are using the scientific net to catch our particular version of truth, we should not be surprised that it does not catch the evidence of spirit.

Reference: Language of God, p 229 https://www.amazon.com/Language-God-Scientist-Presents-Evidence/dp/1416542744

Collins is quoting this fellow:

Sir Arthur Stanley Eddington OM FRS[2] (28 December 1882 – 22 November 1944) was an English astronomer, physicist, and mathematician. He was also a philosopher of science and a populariser of science. The Eddington limit, the natural limit to the luminosity of stars, or the radiation generated by accretion onto a compact object, is named in his honour.


My remarks:

Eddington points out an epistemological mistake that is then used to draw an ontological conclusion that is not warranted. This is exactly what believers in philosophical naturalism (PN) commit when they tell us “science says there is no god.” PN believers are actually asserting that the natural world comprises all of reality and therefore theists must give up theism because the supernatural is impossible. This, BTW, is scientism.

I label this as Naturalism of the Gaps. I coined the phrase as a satire and later realized it is a serious position that invokes questions about human knowledge. I recently mentioned Naturalism of the Gaps to Jonathon Blocker. That afternoon I also read the remarks by Collins. It seems many physicists and philosophers have pondered these questions. I only noticed it because of the virulent and boisterous criticism of theists by science students who are looking for their daily student dose of confirmation bias.

Language of God Excerpt #2

The poverty of an objectivistic account is made only too clear when we consider the mystery of music. From a scientific point of view it is nothing but vibrations in the air, impinging on the eardrums and stimulating neural currents in the brain.

How does it come about that this banal sequence of temporal activity has the power to speak to our hearts of an eternal beauty? The whole range of subjective experience, from perceiving a patch of pink, to being enthralled by the performance of a Mass in B Minor, and on to the mystic’s encounter with the ineffable reality of the One, all these truly human experiences are at the center of our encounter with reality, and they are not to be dismissed as epiphenomenal froth on the surface of a universe whose true nature is impersonal and lifeless.

REFERENCE:
J. Polkinghorne, Belief in God in an age of Science (New Haven: Yale University Press, 1998), 18 – 19.

Science is not the only way of knowing. The spiritual world view provides another way of finding truth.

REFERENCE:
Francis Collins, Language of God, p. 229.

Naturalism of the Gaps

Francis Collins writes,

Science is not the only way of knowing. The spiritual worldview finds another way of finding truth. scientists who deny this would be well advised to observe the limits of their own tools, as nicely represented in a parable old by astronomer Arthur Eddington.

He [Eddington] described a man who set about to study deep-sea life using a net that had a mesh size of three inches. After catching many wild and wonderful creatures from the depths, the man concluded there are no deep-sea fish that are smaller than three inches in length! If we are using the scientific net to catch our particular version of truth, we should not be surprised that it does not catch the evidence of spirit.

Reference: Language of God, p 229 https://www.amazon.com/Language-God-Scientist-Presents-Evidence/dp/1416542744

Collins is quoting this fellow:

Sir Arthur Stanley Eddington OM FRS[2] (28 December 1882 – 22 November 1944) was an English astronomer, physicist, and mathematician. He was also a philosopher of science and a populariser of science. The Eddington limit, the natural limit to the luminosity of stars, or the radiation generated by accretion onto a compact object, is named in his honour.


My remarks:

Eddington points out an epistemological mistake that is then used to draw an ontological conclusion that is not warranted. This is exactly what believers in philosophical naturalism (PN) commit when they tell us “science says there is no god.” PN believers are actually asserting that the natural world comprises all of reality and therefore theists must give up theism because the supernatural is impossible. This, BTW, is scientism.

I label this as Naturalism of the Gaps. I coined the phrase as a satire and later realized it is a serious position that invokes questions about human knowledge. I recently mentioned Naturalism of the Gaps to Jonathon Blocker. That afternoon I also read the remarks by Collins. It seems many physicists and philosophers have pondered these questions. I only noticed it because of the virulent and boisterous criticism of theists by science students who are looking for their daily student dose of confirmation bias.

Max Planck.

The father of quantum physics, Max Planck, said in speech:

“Gentlemen, as a physicist who all his life, within the most sober and rational science, has been devoted to the study of matter, I am certain to be free of the suspicion of being a dreamer, and so I say after my research on the atom; matter as such does not exist.

“All matter originates and exists only by virtue of a force that brings the parts of the atom in vibration, and keeps the smallest solar system of the universe together. As there in the entire universe does not exist an intelligent force, nor an eternal force- man has not yet succeeded in inventing the perpetuum mobile- so must we assume behind this force the existence of a conscious intelligent spirit. This spirit is the basis of all matter. The visible but impermanent matter is not the reality and truth- because without spirit, matter wouldn’t exist at all- but the invisible, immortal spirit is the truth. Because every spirit belongs to a being, we are forced to assume it to be a spiritual being. Because spiritual beings do not come about by themselves, but must be created, I will not hesitate in fact, to call this secretive creator, like people of all cultures through millennia has done, God. Thereby moves the physicist who dealt with matter, from the realm of stuff to the realm of the spirit. And so is our task ended, and we must then pass on the research into the hands of the philosophers.”

– Lecture, ‘Das Wesen der Materie’ [The Essence/Nature/Character of Matter], Florence, Italy (1944). Archiv zur Geschichte der Max-Planck-Gesellschaft, Abt. Va, Rep. 11 Planck, Nr. 1797. Excerpt in Gregg Braden, The Spontaneous Healing of Belief: Shattering the Paradigm of False Limits (2009), 334-35.