Rule of Law
Code of Law
Rich and Poor
Law vs. Hope
Survival of the
Ancient Near East.
The Code of Hammurabi
22: If a seignior committed robbery and has been
caught, that seignior shall be
put to death.1a
45: If a seignior let his field to a tenant and has already
received the rent of his field, (and) later Adad has inundated the
field or a flood has ravaged (it),
the loss shall be the
48: If a debt is outstanding against a seignior and Adad
has inundated his field or a flood has ravaged (it) or through
lack of water grain has not been produced in the field, he shall
not make any return of grain to his creditor in that year;
shall cancel his contract-tablet and he shall pay no interest
for that year.1c
88: If a merchant . . . lent money at interest,
he shall receive one-sixth (shekel) six le
one-fifth shekel) per shekel of silver as interest.1d
90: If the merchant increased the interest beyond . . .
one-sixth (shekel) six le [per shekel of money] and has
collected (it), he shall forfeit whatever he lent.1e
196: If a seignior has destroyed the eye of a member of
the aristocracy, they shall destroy his
200: If a seignior has knocked out a tooth of a seignior
of his own rank, they shall knock out his
209: If a seignior struck a(nother) seignior's daughter and
has caused her to have a miscarriage, he shall pay
of silver for her fetus.1h
" . . . Thou shalt not
kill. . . Thou shalt not steal. Thou shalt not bear false witness
against thy neighbour. Thou shalt not covet thy neighbour's house
. . . " [Exodus 20:13-17].1a
"The rich ruleth over the poor, and
the borrower is servant to the lender"
there are . .
The poorer the people will be. . .
The more laws are promulgated,
The more thieves and bandits there will
be." [Ch. 57]1a
"In the governance of empire
everything difficult must be dealt with while it is still easy,
Everything great must be dealt with while it is small."
"The Master said: 'At hearing legal proceedings I am no
different from anybody else, but what is surely necessary is to
bring it about that there is no litigation.'" [12:13]1a
"' . . . Unless they have a
livelihood, the common people will never have constant minds.
And without constant minds, theyï¿½ll wander loose and wild. They'll
stop at nothing, and soon cross the law.'" [I.7]1a
"Jesus said unto him,
Thou shalt love the Lord thy God . . .
Thou shalt love thy neighbour as thyself.
On these two commandments hang all the law and the prophets."
[St. Matthew 22:37-40].1a
" . . .
law entered, that the offense might abound" [Romans
"But we know that the law is
good, if a man use it lawfully;
Knowing this, that the law is not made for a righteous
man, but for the lawless and disobedient, for the
ungodly and for sinners . . . , for murderers . . .
For whoremongers . . . , for menstealers, for liars, for perjured
persons . . . " [1 Timothy 1:8-10].1c*
" . . . [T]he priesthood
being changed, there is made of necessity a change also
of the law. . . the law made nothing perfect, but
the bringing in of better hope did . . . "
[Hebrews 8:12 and 19].1d*
" . . . [A] multiplicity of laws often furnishes excuses for
vice . . ."1a
What did they mean by the fundamental laws of the nation?
A. Nothing but to abuse the people."1a
of the Laws.
"As soon as man enters into a state
of society he loses the sense of his weakness; equality
ceases, and then commences the state of war."1a
"There are two sources of corruptions
-- one when the people do not observe the laws; the other when
they are corrupted by the laws: an incurable evil,
because it is in the very remedy itself."1b
"Great is the superiority which
one fellow-subject has already over another, by lending
him money, which the latter borrows in order to spend, and, of
course, has no longer in his possession. . .
At Athens and Rome it was at first permitted to sell such
debtors as were insolvent. Solon redressed this abuse at
Athens . . . But the decemvirs did not reform the same custom at
Rome . . .
Often did those cruel laws against debtors throw the
Roman republic into danger. . .
Since that time creditors were oftener prosecuted by debtors
for having violated the laws against usury than the latter
were sued for refusing to pay them."1c
"Equality. What does a dog owe to a dog, and a horse to a horse?
Nothing, no animal depends on his like; but man having received the ray of divinity called
reason, what is the result? Slavery throughout almost the whole world."1a
"Hell. As soon as men
lived in society they must have noticed that some guilty men
eluded the severity of the law."1b
"On laws. I was told
that there are laws among thieves, and also in
"Tyranny. The sovereign
who knows no laws but his own whim, who seizes
the property of his subjects, and who then enlist them
to seize that of his neighbours is called a tyrant."1d
we trace the march of inequality in these various
revolutions, we find that the establishment of law and the right
of property was the first stage, the institution of the magistrate
the second, and the transformation of legitimate into arbitrary
power the third and last. Thus, the status of rich and poor
was sanctioned in the first age, that of strong and weak in
the second, and in the third that of master and slave, the
ultimate degree of inequality to which all the others at last lead
until new revolutions dissolve the government altogether
or bring it closer to legitimacy."1a
The Wealth of
is not . . . difficult to foresee which of the two parties must . . . have the advantage
in the dispute, and force the other into a compliance with their terms.
masters . . . can combine much more easily; and the law, besides, authorizes, or at
least does not prohibit their combinations, while it prohibits those of the workmen."1a
Groundwork of the
Metaphysic of Morals.
"Act as if the maxim of
your action were to become through your will a universal law of
Religion Within the
Limits of Reason Alone.
" . . .
wickedness . . . of
the human heart is the propensity of the will to maxims which
neglect the incentives springing from the moral law in favor of
others which are not moral."2a*
"The evil is radical,
because it corrupts the grounds of all maxims . . . "2b*
Metaphysics of Morals.
is . . . the sum of the conditions under which the choice of one
can be united with the choice of another in accordance with a universal
law of freedom. "5a
" . . .
is the science of how one is under obligation without regard for
any possible external lawgiving."5b
" . . .
[A] human being
regarded as a person, that is, as the subject of a morally
practical reason, is exalted above any price; for as a person (homo
noumenon) he is not to be valued merely as a means
to the ends of others or even to his own ends, but as as an end
in himself; that is, he possesses a dignity
(an absolute inner worth) by which he exacts respect
for himself from all other rational beings in the world. "5c*
on First Principles.
"When rights are
secure, property is secure in consequence. But when property
is made a pretence for unequal or exclusive rights, it weakens the
right to hold property, and provokes indignation and tumult . . . "1a
"Jefferson also said: 'The executive power in our government
is not the only, perhaps not even the principal, object of my
solicitude. The tyranny of the legislature is really the
danger most to be feared, and will continue to be so for
many years to come. . .'"1a
The Road to
. . [T]he Rule of Law . . . means that government in
all its actions is bound by rules fixed and announced beforehand -
rules which make it possible to foresee with fair certainty how
the authority will use its coercive powers . . . "1a
Virtue of Selfishness.
"Without property rights, no other rights are
"All credit transactions are contractual agreements.
. . Only a very small part of the gigantic network of credit
transactions ever ends up in court, but the entire network is
made possible by the existence of the courts, and would collapse
overnight without that protection."1d*
Management and Society.
first great code of law, that
of Hammurabi, almost four thousand years ago, would still be applicable
to a good deal of legal business in today's highly
developed, industrial society."1a
Rebel: An Essay on Man in Revolt.
"Once crime was as
solitary as a cry of protest; now it is as universal as
science. Yesterday it was put on trial; today it determines
"Absolute domination by the
law does not represent liberty, but no more does absolute anarchy.
. . Freedom exists only in a world where what is possible is
defined at the same time as what is not possible. Without law
there is no freedom."1b
Conflict of Interpretations.
" . . . I see in Kant the complete philosophical
manifestation that the supreme evil is not the gross
infraction of a duty but the malice that makes pass for virtue
what is virtue's betrayal. The evil of evil is the
fraudulent justification of the maxim by apparent conformity with
law - it is the semblance of morality."1a
" . . . Saint Paul has said what is essential: sin
is not transgression; it is the link between law and
covetousness, on the basis of which there is
transgression; sin is remaining within the narrow economy of
the law, where the commandment excites covetousness. The
contrary of sin is not morality but faith."1b
and Modern Science.
" . . . [O]ur comparative ignorance
of the laws of society and history is due not only to
the great complexity of human affairs, but also to the very prejudice
that there are no laws of history -- a prejudice
suspect of being allied to powerful social (or antisocial)
interests that are vitally interested in preventing deep
insights into the social mechanism. Et pour cause! People
who are able to take the social mechanism apart in theory may
wish to change it in practice, and -- what is more dangerous
for those who live on the persistence of fossil social forms -- such
men may even succeed in their attempt."1a*
A Theory of
" . . . [E]xtorted promises are void ab initio."1a*
" . . . [I]n order to make a binding promise, one must
be fully conscious, in a rational frame of mind, and know the
meaning of the operative words, their use in making promises, . .
. Furthermore, these words must be spoken freely or voluntarily,
when one is not subject to threats or coercion, and in situations
where one has a reasonably fair bargaining position . . ."1b
" . . . [W]hile American industry was spending about $76
billion each year on research and development as of 1992, the
National Association of Manufacturers estimated that this same
industrial sector was spending $118 billion on outside
legal services. . . If we continue to pay roughly one and
one-half times as much on litigation as we do on the creation of
new wealth in American industry - in other words, research and
development - we are on a trajectory to economic disaster."1*
Science and Technology Yearbook 1999.
" . . . [I]n my own area of physics and the physical
sciences, we have the arrogance to believe that with the
tools of mathematics and fewer than 20 natural
laws, we can aspire to eventually understand the entire
natural universe and its evolution. I have no idea how
many laws the average lawyer deals with on a regular basis,
but most certainly that number is vastly greater than 20."2
can be done when government itself becomes lawless,
flouting the very Constitution and congressional laws that it is
duty-bound to uphold? This is one of the most important yet
neglected problems of self-governance of our time."1c
principal call is almost primitive in its simplicity. It is a
call for corporations to stop stealing, stop deceiving,
stop corrupting politicians with money, stop
monopolizing, stop poisoning the earth, air and water,
stop selling dangerous products, stop exposing workers
to cruel hazards, stop tyrannizing people of conscience
within the company and start respecting long-range survival
needs and rights of present and future generations."1d
problem of corporate power comes in three
expressions -- misfeasance (the improper use of
proper power), malfeasance (the use of improper
power) and non-feasance (the non-use of proper power)."1f
99 percent of all contracts not negotiated -- e.g.,
insurance policies, credit card conditions, mortgage instruments,
shrink-wrap licenses, and installment loan agreements -- sellers
demand that consumers sign on the dotted line and give up rights,
remedies, and bargaining."1g
III Against the Money Trust?
Financial Darwinists chose to interpret "Natural Selection or the
Survival of the
to mean that their financial fitness can be improved by acquiring
"advantages, however slight," over others, and that the subjugation of others was natural. It did not matter whether the advantages were merited or not; after all, Darwin wrote "[m]an selects only for his own
good."1b Even more importantly, Ecclesiastes revealed,-- and this was pointed out by Hayek --, "that the race is not to the swift, nor the battle to the strong, neither yet bread to the wise, nor yet riches to men of understanding, nor yet favour to men of skill . . ." [Ecclesiastes 9:11].
The strategy would therefore be simple.
All financial Darwinists have to do is:
MANIPULATE THE RULE OF LAW TO GIVE THE MONEY TRUST NET ADVANTAGES, HOWEVER SLIGHT, OVER THE CITIZEN -- AS BORROWER, AS WORKER, AS EMPLOYEE, AS TENANT, AS IMMIGRANT,
-- THEN BLAME UNJUST OR EVIL OUTCOMES ON "TIME AND CHANCE."1
Italics in the original.
Ancient Near East. Vol. I: An Anthology of Texts and Pictures.
Edited by James B. Pritchard. Princeton, NJ: Princeton University
Press, 1958. The anthology includes abridged material originally
published in Ancient Near Eastern Texts Relating to the Old
Testament (Princeton University Press, 1950, 1955) and The
Ancient Near East in Pictures Relating to the Old Testament
(Princeton University Press, 1954).
The Holy Bible.
The Old Testament. King James Version. London, England: Collins'
Clear-Type Press, 1957.
a Exodus 20:13-17.
b Proverbs 22:7.
1 Lao Tzu. Tao
Te Ching. Translated with Notes by Arthur
Waley. With an
Introduction by Robert Wilkinson. Ware, Hertfordshire, UK:
Wordsworth Editions Limited, 1997.
a Ch. 57, at 60.
b Ch. 63, at 66.
1 Confucius. The
Analects. Translated with an Introduction and
Notes by Raymond Dawson. Translation, Editorial material, Raymond
Dawson, 1993. Oxford, UK: Oxford University Press. [The
Analects consist of about 500 pieces organized by book and
chapter; Confucius is referred to as Master Kong.]
12:13, at 46.
1 Mencius. Mencius. Translated with an Introduction
by David Hinton. David Hinton, 1998. Washington, DC: COUNTERPOINT,
member of the Perseus Books Group.
a Emperor Hui Liang, Book One, I.7, at 16.
The Holy Bible.
The New Testament. King James Version. London, England: Collins'
Clear-Type Press, 1957.
a St. Matthew
b Romans 5:20.
c 1 Timothy 1:8-10.
d Hebrews 8:12 and 19.
Descartes (1596-1650). Discourse on
Method and the Meditations (1637). Translated with an
Introduction by F.E. Sutcliffe. F.E. Sutcliffe, 1968. London, UK:
Penguin Books Ltd.
a Discourse 2, at 40.
Thomas Hobbes. Behemoth
or the Long Parliament. Edited by Ferdinand
Tï¿½nnies, with an Introduction by Stephen Holmes. Chicago, IL: The
University of Chicago Press, 1990.
Dialog 1, at 54.
Thomas Hobbes (1588-1679). Leviathan
(1651). Edited with an Introduction by C.B. Macpherson. C.B.
Macpherson, 1968. London, England: Penguin Books Ltd., 1985.
Of Common-Wealth, at 385.
de Montesquieu (Charles Louis de Secondat, 1689-1755). The
Spirit of the Laws, Vols. 1-2. Translated by Thomas
Nugent, with an Introduction by Franz Neumann. New York, NY:
Hafner Press, A Division of the Free Press, 1949.
a Vol. I, Book I: On Laws in General, at 5.
b Vol. I, Book VI: Consequences of the Principles of
Different Governments with Respect to the Simplicity of Civil and
Criminal Laws, the Form of Judgments, and the Inflicting of
Punishment, at 85.
c Vol. 1, Book XII: On the Laws that Form Political
Liberty, in Relation to the Subject, at 200-201.
1 Voltaire (1694-1778). Philosophical
Dictionary (1764). Edited and translated by Theodore Besterman, 1972. London,
England: Penguin Books Ltd.
a Egalitï¿½: Equality, at 181.
b Enfer: Hell, at 184.
c des Lois: On laws, at 285.
d Tyrannie: Tyranny, at 398.
(1712-1778). Discourse on the
Origin of Inequality.
Translated by Franklin Philip. Edited with an Introduction
by Patrick Coleman. Franklin Philip, 1994. Patrick
Coleman, 1994. Oxford, UK: Oxford University Press, 1994.
Part II, at 78-79.
Rousseau. Discourse on Political
Economy and The Social Contract.
Translated with Introduction and Notes by Christopher
Betts. Christopher Betts, 1994. Oxford, UK: Oxford
University Press, 1994.
Book I, at 45.
1 Adam Smith (1723-1790). The
Wealth of Nations (1776). 2 vols. in 1. Edited by Edwin Cannan. Preface by
George J. Stigler. The University of Chicago, 1976. Chicago, IL: The University of Chicago
Press, at 74 (vol. 1, bk. 1). (Cannan's ed. was originally pub. 1904 by Methuen & Co.,
a Vol. 1, bk. 1, at 107.
b Vol. 1, bk. 3, at 411.
1 Immanuel Kant
of the Metaphysic of Morals.
Translated and Analyzed by H.J. Paton. New York, NY: Harper and Row,
Publishers, Incorporated. (Originally published under the title The
Moral Law, Hutchinson & Co., Ltd., London, 1948.)
a The Formula of the Law of Nature, at 89.
2 Immanuel Kant. Religion
Within the Limits of Reason Alone (1793). Translated
with an Introduction and Notes by Theodore M. Greene and Hoyt H.
Hudson, with an essay by John R. Silber. La Salle, IL: The Open
Court Publishing Company, 1934. New York, NY: Harper & Brothers,
a Concerning the
Propensity to Evil in Human Nature, at 23-27.
is Evil by Nature, at 27-34.
5 Immanuel Kant. The
Metaphysics of Morals (1797). Translated and edited by
Mary Gregor. With an Introduction by Roger J. Sullivan. Cambridge,
UK: Cambridge University Press, 1996.
a Introduction to the Doctrine of Right, at 24.
b Introduction to the Doctrine of Virtue, at 168.
c The Doctrine of Virtue, at 186.
1 Thomas Paine (1737-1809). Rights
of Man, Common Sense and Other Political Writings. at
a Dissertation on the First Principles of Government, at
1 Alexis De Tocqueville.
Democracy in America. Edited
and Abridged by Richard D. Heffner, 1956, 1984. New York, NY:
Penguin Books USA Inc.
a The Greatest Dangers of the American
Republics Proceed from the Omnipotence of the Majority, Quote from
Jefferson, at 120-121.)
1 F.A. Hayek (1899-1992). The Road to
Anniversary Edition. Introduction by Milton Friedman. Chicago,
IL: The University of Chicago, 1944, 1972, 1994.
Economic Control and Totalitarianism, at 98-99.
2 F.A. Hayek. Law,
Legislation and Liberty. Volume 2: The Mirage of
Social Justice. F.A. Hayek, 1976. Chicago, IL: The University of
a The Game of Catallaxy, at 120.
1 Ayn Rand (1905-1982). The Virtue of
Selfishness: A New Concept of Egoism. With additional
articles by Nathaniel Branden. Ayn Rand, 1961, 1964. The Objectivist
Newsletter, Inc., 1962, 1963, 1964. New York, NY: Penguin Books USA,
Inc. (A Signet Book.)
a The Objectivist Ethics, at 36.
b Government Financing in a Free Society, at 136.
Peter F. Drucker (b. 1909).
Management and Society: Essays. Peter F. Drucker,
1958, 1959, 1961, 1966, 1967, 1969, 1970. New York, NY: Harper &
Row, Publishers, Inc., 1977.
Ch. 7: The First
Technological Revolution and Its Lessons, at 119. Presidential
address to the Society for the History of Technology, December 29,
1965; First published in Technology and Culture, Spring 1966.
1 Albert Camus. The
Rebel: An Essay on Man in Revolt. A revised and
complete translation by Anthony Bower. With a Foreword by Sir
Herbert Read. Originally published in France as Lï¿½homme
Rï¿½voltï¿½ by Librairie Gallimard in 1951. Librairie
Gallimard, 1951. Translation first published in the United States
by Alfred A. Knopf, Inc. in 1956. Alfred A. Knopf, Inc., 1956 and
1984. New York, NY: Vintage International, a division of Random
House, Inc., 1991.
a Introduction, p. 3.
b Part Two: Metaphysical Rebellion. Absolute
Affirmation, p. 71.
Ricoeur. The Conflict of Interpretations:
Essays in Hermeneutics. Edited by Don Ihde. Evanston,
IL: Northwestern University Press, 1974. Originally published in
French under the title Le Conflit des interprï¿½tations: Essais
d'hï¿½rmï¿½neutique. Paris, France: Editions du Seuil, 1969.
a The Hermeneutics of Symbols and Philosophical
Reflection: I, at 303. Translated by Denis Savage. The translation
first appeared in the International Philosophical Quarterly,
Volume II, no. 2 (May, 1962), at 191-218.
b The Demythization of Accusation, at 347.
1 Mario Bunge (b. 1919).
and Modern Science. 3rd
revised ed. Mario Bunge, 1962,
1963, 1979. Harvard University Press, 1959. New York, NY: Dover
a Causality and Scientific Law, at 273.
1 John Rawls (1921-2002). A Theory of Justice.
Cambridge, MA: The Belknap Press of the Harvard University Press,
a The Arguments for the Principle of Fairness, at 343.
b The Arguments for the Principle of Fairness, at 345.
c Justice as Fairness, at 12.
d The Principles of Justice, at 60 (first statement of
the two principles), The principles are restated at 250. The full
statement is given at 302.
1 D. Allan Bromley. The
President's Scientists: Reminiscences of a White House Science
Advisor (Yale University Mrs. Hepsa Ely Silliman
Memorial Lectures). New Haven, CT: Yale University Press, 1994.
Rebuilding the Office of Science and Technology Policy, at 48.
Allan Bromley. AAAS Science
and Technology Policy Yearbook 1999. Washington, DC:
American Association for the Advancement of Science. Chapter 10:
Science and the Law, at http://www.aaas.org/spp/yearbook/chap10.htm.
(Based on remarks made August 2, 1998 during the 1998 Annual
Meeting of the American Bar Association in Toronto, Ontario,
The Ralph Nader Reader.
Foreword by Barbara Ehrenreich. Ralph Nader, 2000. New York, NY:
Seven Stories Press.
On the Presidency and
a Statement of Ralph Nader
Announcing His Candidacy for the Green Party's Nomination for
President (2000), at 25.
On the Corporate State and the
Corporatizing of America
Corporate Power in America (1980), at 103.
the Corporate Tiger (1966), at 138.
On the Information Age
Democracy in Action (1996), at 401.
Edward E. Ayoub, with the assistance of
Trudé K. Ayoub.
World War III
Against The Money Trust? Book I, Chapter
1 1: The Strategy for Subjugating and Dominating Humans. Toronto, Ontario: Macroknow Inc., 1998.
See Charles Darwin, The Origin of Species (1859), in Darwin, 2nd ed., edited by Philip Appleman, 1970 and 1979, at 54 ("Survival of the Fittest").
b Ibid., at 56 ("[m]an selects only for his own good").
c See Howard Zinn,
A People's History of the United States, 1492-Present, 1980 and 1985, at 99 (biases in contracts between rich and poor).