The End of Law

Judges tend not to be willing to find as frivolous those claims that are filed by attorneys who contribute to their elections. Lawyers tend not to seek sanctions against pro se claimants who live on welfare, get jollies by playing the system, have nothing to lose, and are willing to file false claims of grievance. Threats don't work against people satisfied to live off the system, who've nothing to lose. Occasionally, a little guy will have a valid claim and want redress. For him, "loser pays" would convert a small action into high stakes poker, where it's easy to run off those who lack funds to call bets. Over time, loser pays favors the house with the most resources, and has little to do with leveling the playing field for small cases.

There's no avoiding that there're people with no scruples. Those best able to keep up with constant churning of rules tend not to be little guys. Nor are little guys likely represented well among those who write rules, unless substantial rewards are given to their well heeled advocates. In that case, justice for individuals is purchased by imposing large burdens against society as a whole. And those advocates learn how to impose such burdens! For some time, one avenue for imposing such burdens has been to use discovery process to become such a nuisance that firms pay protection money just to get relief. In a discovery battle, it tends to be big companies that can be most harassed, since they have most by way of documents to sift through.

Write all the rules you want, and evolution will absorb and re-game them. Tampering with rules will not make negligence-based lawsuits an efficient or accurate way to reset "fairness." In many cases, it'd be more honest to have contesting opponents have issues decided by panels of judges for beauty contests. A way to trim lawsuit abuse would be to trim back negligence-based causes of action and rely more on rugged individualism, a social safety net, and the law of contracts and criminal law.

Of Idealists, Fascists, and Materialists

Of Idealists, Fascists, and Materialists:  A kind of spiritual idealism founded America. An idealism that sought to answer the question: What is needed to establish and defend a decent civilization? In turn, that question led to: What is necessary to assimilate citizens who will defend one another's freedom of expression and enterprise? That idealism is now being first milked and then shunted aside. It is being replaced by philosophies that, except in meanness, are unsustainable. Those philosophies are based, not on mutual respect and empathy,but on how shall the weak be farmed, and who shall farm them.

There are two ways for psychopaths to farm ordinary people. One is for a psychopath or narcissist to convince people that he is so specially elite that he is a messenger who knows what God wants, and that God wants the people to be subjugated to his message as an elitist gnostic. This it the philosophy of the religious fascist, and it devalues the capacity of every other person to heed his own better angels. The second is for a psychopath or narcissist to convince people that they have no need of individual freedom or dignity, but that it is only their material, i.e., economic, wants that are important. This is the philosophy of the Marxist materialist, who measures everything, but knows the value of nothing. Most important facts are deeply colored by whether or how the interpreter's philosophy is based on some mix of (1) American idealism, (2) religious fascism, or (3) Marxist materialism. How prevailing powers within a society interpret facts deeply affects whether those facts come to be "true."

The idealism that founded America did not come, directly, out of Africa or Asia. It came out of Northern Europe. It came out of Anglo Saxons and descendents of the Vikings. It is not particularly relevant whether that was because of genetics, race, or social conditioning. In any event, it was because of a long line of evolution, perhaps guided. That idealism found so much success that it attracted people of other continents, nations, cultures, religions, and races. Eventually, that idealism became so successful that it thought it could afford extreme forms of tolerance. Thus, immigrating cultures came no longer to be required to assimilate. Instead, they come to exaggerate their contribution to the American dream, to replace the American ideal of independence with the subjugating and collectivist ideals of the religious fascist and the Marxist materialist. Americans, to sustain their previous standards of living --- even while providing welfare for unassimilated, codependent, collectivist types --- find they must work harder and procreate less. The cultures bent on replacing Americans often have few ideals based on self improvement, and are content to live on welfare and procreate more. It takes no genius to see what will come to pass in just a few generations: The culture that gave the world American idealism will be replaced by cultures that subjugate, collectivize, and farm human minds.

International cronies have noticed this game. It is a game in which the most shallow and corrupt tend to exploit the biggest advantages. They have learned how to game the tolerant trust of Americans, who wrongly, perhaps fatally, projected that other nations and peoples share the American ideal. They do not. It makes little difference whether the reason for that is based in geography, resources. culture, history, or genetics. The fact is, their ideals are not the American ideal.

So, now we have Ainos controlling both our main political parties, as well as our banking, industry, media, academia, politicians, and appointed judges. Because this confluence of Ainos controls so much that is so subliminally powerful, they come even to convince the smartest among us that American idealism is dead, that values based on individual freedom and respect for families are repressive and outmoded, that it is good that the collective and organized community (under the guidance of our elite farmers of the farmed) should take over the moral rearing of our children, that third graders need to be taught why Johnny should have two mommies, that the most important challenge for our forces of national defense is how to recruit gays, that government has no interest in encouraging a next generation of traditional American families, that national borders are outmoded, and that one world community should be encouraged, based on free trade.

Worse, we have Ainos convincing even smart Americans that the best and only way to extend America's time is to play the Aino game of economics. This is the notion that moral values based on what is needed to preserve human freedom are irrelevant. It is the notion that pure fiscal conservatism, by spreading wealth, will also spread freedom. Even as we see power being centralized and technologically enhanced, with middle management and middle classes being stripped of control (even over their own expression and enterprise), with p.c. advancing everywhere, and with Google helping the Chinese preserve their brand of "free enterprise." Few ask: How in the devil are traditional American idealists going to compete against international cronies by playing the crony game, without becoming soldiers for the undermining of America? How are we going to right the things done by Dinos merely by electing Rinos? How are we going to restore individual freedom, if the only value being represented is so called fiscal conservatism? The chance of a fiscal conservative riding in to save us, on a white horse and wearing a cowboy hat, is as delusional as imagining humans have power to call Jesus to return.

Bottom line: If liberty is to be restored to America's land and economy, then Americans must restore and assimilate in defense of the meta-land of their spiritual idealism. As things stand, too many Americans are so confused by derision of religious values that they have forgotten that many values of idealism in fact are essential. That is, if the dream of America is not to perish under the rest of the world's corruption to religious fascism and economic materialism.

Until then, the more opportunists see that Americans have been trained not to resist being farmed, the more people will be attracted to farm Americans. The more people are attracted to farm Americans, the less the value that will be held for human dignity, and the more humanity will slip towards inhumanity. Traditional Americans are now being farmed high and low. Wolves on all sides sense opportunity to organize and cage us, and then to tell us we are on the road to fiscal security.

Conscience or Caeser

Force of Conscience or Caeser:

Is the force of government so different from the force of an alliance of private interests or corporations? Government professes to be in the general interest, while a private alliance professes to be in the interest only of its alliance. Such alliance, by pushing de facto industry standards, may enhance efficiency even as it erects barriers to keep out would be competitors. Eventually, such alliance of cronies, by bribing officials, may push for government to help it erect barriers. At that point, much of government will have become owned by cronies, and the electorate will be divided between those who are farmed by the rules and those who farm the rules. Mindless force, either by government or by consortiums of private interests, evolves and organizes, to drive out the freedom and dignity of individuals. Organizations of consortiums of business and municipal corporations are not, in themselves, conscious, but they do find and follow grooves, almost purposefully, even if blindly. So, the question: Is insistence on small government really that important, considering that the abuses of private consortiums would fill many of the same holes?

Well, there is this: At least, with less governmental regulation, an independent citizenry can trade labor and talent with less fear that the community will make them outlaws. Further, a citizenry educated to remain passionately vigilant of its need to keep Caesar down to size will be freer to enlist its talents towards such charities and enterprises as tend to be more conducive to tenders’ purposes. Unless propped up by crony-bribed government, or by a spider web of international cronies, those private consortiums that grow set in their ways, away from innovation and deeper into co-dependent barrier-raising, will fall, in due time, from accumulation of too much protection of deadwood.  When government is propped up by webs of cronies, the web of control not only tightens, but tightens under cover of pretending to be looking out for us.

To reduce the globally unsustainable amount of "political warming" (hot air), it's an ideal worth respecting to assign government to no more than is fundamentally necessary in order to sustain a decent society or nation – meaning a nation whose leaders respect that it becomes a debilitating habit for citizens to clamor for entitlements, that are to be enforced by useful idiots and users of useful idiots. Problem is: Once the greater number of the voting citizenry no longer holds dear such ideal, the protection of unsustainable rot and corruption accumulates exponentially. Then, it’s once again back through the wilderness, all the way back to bondage.

Americans' existential crisis consists in this: We've slept while most of our institutions of education and governance have been gathered into consortiums for propping up corrupts and stupids, and for crowning them as if they were saints and geniuses. In almost magical pretense (such as via conversions and calculations by economists and accountants), we actually translate such proppings into “material facts,” so we can pretend to add up progress, production, or “value” – as some sort of GDP. Indeed, we may have slept too long! If so, we can at least strive to bury a record here and there, for a future generation to rediscover from the ashes, as a caution not to ignore meta-facts that endure for the ages.

Moral consciousness seems to follow a sort of pilgrim’s progress, such that the feedback and burden of stupidity seems essential in order to teach us to value anything that's more worthwhile or permanent. Is there anything more permanent than a mountain, and less material than a whisper? I think there is. However, it won’t be found in “facts” of dialectic materialism. Rather, it will be found in the apprehension that all of materialism consists of various expressions of a trick of Three Card Monty, derivative of an empathetic dance of digitally signed feedback between holistic Consciousness and its various and particular perspectives. (The Higgs Boson may better be modeled not as a material particle, but as a mathematical constraint on what we presume to be, or function as if they were, material particles.)

Consciousness abides with the interrelations of God and perspectives; Empathy abides with the qualitatively immeasurable upshots of such interrelations; Matter is the derivative and digitally measurable afterglow of such interrelations of holistic and perspectivistic Consciousness; and Morality abides in our various valuations of empathy. As consciousness leads us to value civilization that avails decent expression and communication among free individuals, so shall we be guided by such idealization. Meantime, all perspectives of consciousness journey as pilgrims.

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There abide fundamental choices about how one should view the world.  A religious fascist (Islamist) idealizes that, by making this world a hell for others, he can make a world to come into his ideal; that is, a religious fascist tries to subjugate others in order to make himself higher.  A materialist (Marxist) tries to idealize the world to make it fit what he considers himself to be entitled to; that is, a materialist considers that he is the higher consciousness.  An idealist (traditional American) tries to form himself to fit what his senses and insights tell him should be his ideals; that is, an idealist tries to fit himself to higher consciousness.  If one can discern a person's fundamental orientation (or mix thereof), one may better predict how such person will interpret his "facts."

Up the Organization

Organizations are stupid.  By that, I mean that independent-minded human beings who are inclined to try to uncover a consistent philosophy or theology by which to guide their experiences tend not especially to be compatible with those whose pathologies incline them to exploit opportunities for self promotion.  A person of intellect who seeks fulfillment by advancing himself within a community or corporate organization will at some point encounter a need to compromise the principled against the expedient.  Currents are much more favorable the easier one adjusts one's principles to fit the stream of the management ethos for the organization.  That is, KUSD.  IOW, kiss up and spit down.  Eventually, organizations may form networks of interconnecting hierarchies, so that KUSD becomes an unavoidable, inhumane, soul stifling part of reality.  That is the mechanism that is entangling all of America.  Elite spiders are wrapping ordinary beings who are caught in their webs and then storing them for later exploitation.  Webs within world wide webs.  I don't know if there is any escape --- even for the spiders.  To modify a common dictum:  Speaking the principled truth by cutting the spider webs becomes a revolutionary act.

Facts Are Stupid Things

I get that a lot of conservative blogs want to appeal to principled thinkers and avoid giving ammo to those who are looking for ways to discredit principled, conservative thought. While a conservative blog may not be a proper forum for deflecting the opposition's sludge back on itself, Conservatives do need some such outlet. Otherwise, we continue unarmed in a food fight --- one we are losing.

I sympathize with the ideals of avoiding name calling and being fact based in order to judge the person or idea, and not the stereotype. That's an ideal highly valued.  Unfortunately, it does not much apply to war. While we are not at war with our fellow citizens, we are in a befogged twilight zone, and those who would conserve the fundamental ideals of America appear to be losing --- big. While I don't advocate ignoring facts, I don't see how we can pretend to be objectively indifferent slaves to them. To keep us on retreat, the oppositon deploys a variety of fronts. Just surf the net to see the vile, name-calling methods of the advancing column of commies!

Reagan once noted that "facts are stupid things." However, it is only those facts that are least dependent upon human interpretation that seem most predictably "stupid." Is there anyone who does not delude himself that he can objectively subordinate meta values to science merely by cherrypicking in order to characterize as "facts" only that data that is consistent with his biases and priorities of pleasure? Can such "facts" really be divorced from how one is conditioned or inclined to apply one's insight, intuition, empathy, and receptivity to values that are dear to ones immediate self justification? Computerized organization of our "facts" will avail means to "justify" any desire. For those we promote to "lead from behind," we will select those with talent for sensing the unfolding, base desires of the masses, who have Soros-like command of media and "facts" to rationlize such desires.

To twist some common metaphors: Slavish devotion to minor facts may hobgoblin us, for, without vision, our moral science will be lost. First thing we do, let's kill all the facts. lol.

Trading Freedom for Informational Organization

Ain't it great how libertines find nothing to be alarmed about, when Rap Crap fills the culture and is celebrated in the White House? Yup, all America needs is some young Rinos to revise the Beatles' "Love is all you need" into "Fiscal conservatism is all you need." I guess a balanced budget law and a return to the gold standard are all America really needs. Not! What allowed America to flourish were borders that were not merely for constraining the govenment to its budget, but also to constrain America to policies of immigration and assimilation that would defend the nation's territory, morality, family, culture, and industry.

Now is the winter of our malice of information. Like organisms of biology, organisms of technology seem to turn and feed on themselves. The more our lives and decision making processes are supposedly eased by information organizing technology, the deeper those who man the reprocessing hierarchy are called upon to eat and reorganize our information. The result is often far from happiness or practical efficiency, and much closer to flash passions of presentation. More and more, we are being pressed into service for internationally-politically-correct bureaucrats. In such a system, the fittest for survival and promotion become the most malicious of eaters of details that are devoid of nutritional value. Executives running public agencies with billion dollar budgets are so watched that they become afraid to allow approval of minor expenditures that deviate in the slightest from bureaucratic regimentation. This soul-sucking system eventually turns all into blind slaves of a dead, pagan ideal of worthless, hierarchical oversight.

The information age seems not to be making us happier or smarter, but to be making us more cynical and meaner. Go back 35 years or more and compare the lifestyles of a typical American couple at age 35 with a similar couple today. Parents today must go to school longer, to learn less, to be less happy, to hold jobs that pay less in real dollars. Should we blame some immutable law of information-eating-information? or should we blame ourselves for having slept while crony, Obamalithic lilliputians have strapped down the American Gulliver, leaving us with neither privacy nor freedom to produce?

What could be better to pull the strings from the top down than an international, oligarchical party of Crony Marxist Capitalists, lying and operating at once under several loosely aligned fronts (Dino, Rino, Islamo)? Once all the strings are pulled good and tight, so that unregulated privacy is rendered obsolete, will anyone really have the Commune, Utopia, or Umma he was always taught to want? Until the strings are tight, too few can notice; once the strings are tight, who can escape? America desperately needs to elect conservers of liberty, who will defend the inextricably intertwined borders of an idealized America --- meaning borders that are territorial, moral, familial, cultural, and industrial. Although our chances are slim in practice, we can at least keep alive the ideal, so that some happy few might escape the black hole that shadows the unchecked pursuit of soulless, Marxist enslavement to a digitally intertwined world for a crony, one party totalitarianism.

Liberty Based Enterprise vs. Conformity Based Enterprise

Not all enterprise is based in the freedom of individuals just because it is based in capitalism. Rather, much of capitalism is based in the conditioning of individuals (by the state, the culture, or the corporation) to appease and conform to the party line, even when it lies. In other words, there is liberty based (free ranging) enterprise and there is conformity based (or managed) enterprise. (Actually, there will almost always be a blend, but the philosophical tilt may be considerable.) As economies become more interdependent, there comes a decided increase in tilt towards those enterprises that are deemed politically correct by those persons who control or direct the fashion of the government. Such tilts generate power, and as tentacles of power infiltrate every aspect and institution of society, that power will more often be flexed --- often without even needing to show the iron fist that is in the velvet glove.

By enterprise, I have in mind a broad sense, to encompass not only the choice whether to start a business, but also the choice whether, when, and to whom to sell one's labor.  Under the Chinese model, no enterpriser need be favored or allowed to succeed unless he plays to that which is approved by the party line. Every Chinese enterpriser knows the iron fist is never far from where it may feel needed in order to enforce the political lies that define the governing myths. No law of nature or economics ordains that an increase in general wealth and enterprise must necessarily result in an increase in personal liberty, dignity, or freedom of mind. For Americans, a question nags: Will the Chinese model of conformity (self deceit) based enterprise relegate the American model of liberty based (self authentic or "free") enterprise to the dust bin of history? While the Chinese model seems appropriate to the dehumanizing neighborhood in which it competes, can there remain room in this world to tolerate the freedom of the ideal (if not the actuality) of the American model of enterprise?