Freedom and Law

Fernando Irazu

• Publisher: First Edition Design Publishing
• Year: 2021
• eBook ISBN: 9781506904443
• Edition: 1
• Topic: Law
• Subtopic: Civil Procedure
• Index: Law

"Freedom and Law" addresses a variety of issues posed by the rule of law, in the context of Christianity and our Western civilization, as lived within the republican system of government with democratic participation in America.In particular, this work embarks on conceptual issues dealing with human nature, morality, justice, law, rights, especially the right to privacy, equality and discrimination, as well as "identity politics" and related topics from the perspective of the system of government established in the US constitution by the Founding Fathers.

At this juncture, it also elaborates on the political dynamics embroiling the Supreme Court of Justice vis a vis the other two branches of government as to the prior, and, while cherishing the foundations of America, it puts forward a vision that coherently protects human freedom in the widest array of human activities.

"Freedom and Law" is a call for human freedom at the personal, communitarian and countrywide levels, always geared at the better horizons offered by human nature.

Fernando Irazu is an attorney licensed to practice law in the State of New York and before the US Supreme Court of Justice.He pursued his studies at Harvard Law School and the Argentinean Catholic University.Some of his interests include comparative constitutional law and political institutions, philosophy and anthropology, as well as theology.He has practiced law with both English and US law firms in New York City, and worked as an investment banker with different top-tier financial institutions.For almost thirty years he has lived in Connecticut and New York City, where his three beloved children were born and raised.

Keywords

Freedom, law, justice, human nature, natural law, virtue, virtuosity, personhood, rights, Supreme Court, democracy, Ten Commandments, right to privacy, constitution, constitutional law, philosophy, anthropology, metaphysics, theology, Christianity, Western civilization, United States.

Endnotes

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[1] “The ultimate roots of calology are to be found in ontology, because the beautiful is mode of being. That which is desired good by definition, since the good is being itself inasmuch as it is good desirable. Therefore the beautiful is a kind of good…”, Etienne Gilson, The Arts of the Beautiful, 27 (1965).

[2] The death sentence of the sort of extreme positivism coined by Hans Kelsen, which justified the ideal of man under the “must be” of Nazi legislative activity, was crafted upon the proposition of confronting an extreme injustice per the words of Gustav Radbruch in Gesetzliches Unrecht und übergesetzliches Recht. Therefore, if people are mandated to disobey extremely unjust laws, they need to question themselves: What is an extreme injustice to man? Could this be an entirely subjective appreciation or is there an objective anchor of truth applicable to all? If the latter is the answer, positivism can only be driven by true moral guidelines. If the prior is the answer, what’s extremely unjust for some, might not be so for others. It is worth remembering that Hans Kensel thought of the human environment like the aquatic kingdom, with stronger or bigger fish eating the weaker or smaller ones (Archives de Philosophie du Droit, No 7, 181, Sirey, Paris, 1962). Hans Kelsen, the Jewish-born author of the 1920 Austrian constitution and Reine Rechtslehre (Pure Theory of Law), was compelled to migrate to the United States with the advent of the Nazi regime in 1940.

[3] “It is not true that man, even seemed to say it at times, cannot organize the world without God. What it is true is that without God he can only, in the end, organize it against man. The exclusionary humanism is an anti-human humanism.” Henri de Lubac, Prologue, Le Drame De L’Humanisme Athée (1945).

[4] “… among the defects of a being created in the image of God and called to a progressive divinization, there is no greater than this: the negation of his own dignity.”, E. Mounier, L ́affrontement chrétien, 87 (1945).

[5] In 1953 Messrs. James Watson and Francis Crick discovered the molecular structure of the double helix, which contains our deoxyribonucleic acid or DNA, also known as the genetic code of humanity as a species.

[6] The most acclaimed atheist in the twentieth century, Anthony Flew, surprised the world by declaring that he came to the conclusion that man and universe were not the product of some undecipherable super-powered waste of the unknown. Cf. Anthony Flew and Abraham Varghese, There is a God: How the World's Most Notorious Atheist Changed His Mind (2008). According to his sayings, Anthony Flew recognized the existence of God based on the impossibility of an original cause of matter for everything that exists –deceitfully called “naturalist” in the atheist jargon against the concept of human nature– as well as the evidence of an intelligent order in the human deoxyribonucleic acid (DNA). Converted at 81 years old in 2004, he died in 2010 without anybody knowing his concrete and personal belief in certain God, which would have been the logical path to follow by an intelligent being, meaning how to relate to such Creator of all that exists after acknowledging his existence. Cf. Gary R. Habermas, Biola, My Pilgrimage from Atheism to Theism An Exclusive Interview with Former British Atheist Professor Antony Flew, 9-XII-2004, 6.

[7] M. Fazio, J. García, Raíces Filosóficas de la Cultura de la Vida, 160-2 (2008).

[8] Anicius Manlius Torquatus Severinus Boethius, De Daubus Naturis (VI century); Thomas Aquinas, Summa Theologiae, I, I, q.75, q.14, a.8, q.44, a.3, q.54., a.6, q.77, a.3, et al (1269-1274; fully published in 1485); Thomas Aquinas, Summa Contra Gentiles, 2, 2 (1259-1256).

[9] Ontology focuses on the nature of existing beings, the study of being, while epistemology focuses on the nature of knowledge, in fact the process of knowledge out of an existing being. It is impossible to address knowledge without the being sustaining it.

[10] Etienne Gilson, The Unity of Philosophical Experience (1938); Frederick Copleston, History of Philosophy (1946).

[11] Thomas Aquinas, idem 8, II-II (a), q.58, a.1.

[12] Thomas Aquinas, idem 8, I-II, q. 93, a.1.

[13] Thomas Aquinas, idem 8, I-II, q. 91 a. 2.

[14] The conscience is a judgment of reason by which we can acknowledge the moral standing of some concrete action or behavior in the process of being performed, to be performed, or already performed.

[15] “I believe in the sun, / even when it is not shining. / And I believe in love, / even when there’s no one there. / And I believe in God, even when he is silent.", A Jewish Prisoner, Cologne concentration camp, World War II.

[16] Jacques Maritain, On the Philosophy of History, 100 (1957).

[17] In Rome, the Law of the XII Tables, Leges Duodecim Tabularum, condensed the art of prior Roman jurists around 450 BC, including normative related to marriage, family relationships among parents and children, inheritance, private goods and real estate property, funeral regulations, civil procedure, debt arrangement and repayments, torts and civil damages in general, crimes and constitutional principles.

[18] “Lex est quaedam rationis ordinatio ad bonum commune ab eo, qui curam communit...

Table of contents

• Preface
• Introduction: A New Reality Excluding Morality
• Law, Justice and Rational Freewill: A Surreal Conceptual Discussion of Real Magnitude
• Human Dignity and the Rule of Law: Practical Dimension, Civility, Empathy, And Cultural Differences
• Nature, Transcendence and Virtuosity: Self-Autonomy and The Ten Commandments
• The New Man and The State: Privacy as Well As Legislative and Judicial Activity
• The American Way for The Future
• Corollary: The Return to Innocence with Strong Local Belongings
• About the Author
• Bibliography, Sources, And Jurisprudence in Order of Appearance
• Endnotes