VII.   Law

Legal Realism is a pseudo-philosophy and doctrine founded in the late 19th Century and early 20th Century based on the principle that as all law is made by mankind and therefore subject to error, imperfection and presumption, only educated legal professionals have the skills to resolve “real-world” probable outcomes of particular cases based on that the law “is” not what it “ought to be”.

Legal Realism is founded on a set of doctrinal presumptions, most of which are themselves, absurdities and contradictory:

(i) The repudiation and rejection of any kind of system of Divine Law, despite the fact that all systems of law, property and authority by definition only exist on the presumption of the existence of some kind of Divine Creator; and

(ii) The repudiation and rejection of the primacy of Ecclesiastical Law, despite the fact that both authority and the concept of offices and officers cease to have any legal effect without the existence of Ecclesiastical Law; and

(iii) The repudiation and rejection of any kind of system of Natural Law, especially moral law and the innate reason of the Homo Sapien species, despite the fact that the very foundation of civilization, philosophy and the natural sciences is based on the existence of moral reason and purpose for civilized society, with men and women possessing the power of free will and mind beyond their “animal” behaviour; and

(iv) The repudiation and rejection that the law serves any kind of aspiration moral standard, yet at the same time an adherence to socio-political ideology called legal instrumentalism that states the law can be used as a tool to “engineer” social purposes and “balance” competing needs; and

(v) The repudiation and rejection that the average man or woman can be competent in law because of the complexity and depth of the field, yet at the same time a contradictory adherence to the interdisciplinary principle that states knowledge of the law alone is insufficient to render “fair and accurate” judgment and therefore a broad knowledge in such areas in sociology, psychology, statistics is also needed; and

(vi) The repudiation and rejection of the determinacy of law by claiming the history of law of indeterminate while introducing the contradictory and absurd approach of presumptions of law whereby “the law is” whatever is stated and presumed unless rejected by the opponent(s); and

(vii) The repudiation of ethical and wise judgment of the law in favor of “science” of evidence, whereby evidence is “weighed” and probability used to determine decisions resulting in absurd, anti-social and damaging legal decisions.

The pseudo-philosophy and false doctrines promoted by "Legal Realism" Jurists has resulted in the greatest breakdown in legal competence and jurisprudence amongst members of the private legal guilds since they were first formed in the 13th Century.

In reality, "Legal Realism" functions essentially to perpetrate the corruption of the law through professional arrogant-ignorance, presumptions of law, plausible-deniability and obviation of duty:

(i) Professional arrogant-ignorance through "Legal Realism" is the promotion of an arrogant "elitist" behavior amongst legal professionals that they are competent in law when in fact they are wholly incompetent, ignorant of history and blinded by their arrogance to these facts; and

(ii) Presumptions of law through "Legal Realism" is the now out-of-control and absurd practice within the Roman Courts of the Private Bar Guilds whereby all matters are largely based on presumptions that if not rebuked and rejected, then are presumed to stand as true; and

(iii) Plausible-deniability through "Legal Realism" is the fact that because most legal professionals are unaware of the trust-structure of legal matters, the principles of law by which private Bar guild matters still operate, reference to trust law, and such principles can be pausibly denied by presumption and ignorance; and

(iv) Obviation of duty through "Legal Realism" is based on the false presumption that through ignorance and the presentation of false presumption without foundation, legal professionals within the court system openly and repeatedly breach their sworn duties as public trustee's and public servant's with apparent impunity.

Given Legal Realism is a deliberate corruption of all forms of law, philosophy of law and application of law, it is reprobate, forbidden and never permitted to be revived.