Legal Certainty Quotes

We must realize that the Reformation world view leads in the direction of government freedom. But the humanist world view with inevitable certainty leads in the direction of statism. This is so because humanists, having no god, must put something at the center, and it is inevitably society, government, or the state.

Few people now believe in the Devil; but very many enjoy behaving as their ancestors behaved when the Fiend was a reality as unquestionable as his Opposite Number. In order to justify their behavior, they turn their theories into dogmas, their bylaws into First Principles, their political bosses into Gods and all those who disagree with them into incarnate devils. This idolatrous transformation of the relative into the Absolute and the all too human into the Divine, makes it possible for them to indulge their ugliest passions with a clear conscience and in the certainty that they are working for the Highest Good. And when the current beliefs come, in their turn, to look silly, a new set will be invented, so that the immemorial madness may continue to wear its customary mask of legality, idealism and true religion.

A very distinct pattern has emerged repeatedly when policies favored by the anointed turn out to fail. This pattern typically has four stages: STAGE 1. THE “CRISIS”: Some situation exists, whose negative aspects the anointed propose to eliminate. Such a situation is routinely characterized as a “crisis,” even though all human situations have negative aspects, and even though evidence is seldom asked or given to show how the situation at hand is either uniquely bad or threatening to get worse. Sometimes the situation described as a “crisis” has in fact already been getting better for years. STAGE 2. THE “SOLUTION”: Policies to end the “crisis” are advocated by the anointed, who say that these policies will lead to beneficial result A. Critics say that these policies will lead to detrimental result Z. The anointed dismiss these latter claims as absurd and “simplistic,” if not dishonest. STAGE 3. THE RESULTS: The policies are instituted and lead to detrimental result Z. STAGE 4. THE RESPONSE: Those who attribute detrimental result Z to the policies instituted are dismissed as “simplistic” for ignoring the “complexities” involved, as “many factors” went into determining the outcome. The burden of proof is put on the critics to demonstrate to a certainty that these policies alone were the only possible cause of the worsening that occurred. No burden of proof whatever is put on those who had so confidently predicted improvement. Indeed, it is often asserted that things would have been even worse, were it not for the wonderful programs that mitigated the inevitable damage from other factors. Examples of this pattern are all too abundant. Three will be considered here. The first and most general involves the set of social welfare policies called “the war on poverty” during the administration of President Lyndon B. Johnson, but continuing under other labels since then. Next is the policy of introducing “sex education” into the public schools, as a means of reducing teenage pregnancy and venereal diseases. The third example will be policies designed to reduce crime by adopting a less punitive approach, being more concerned with preventive social policies beforehand and rehabilitation afterwards, as well as showing more concern with the legal rights of defendants in criminal cases.

There are questions of faith, such as “Does God exist?” There are questions of opinion, such as “Who is the greatest baseball player of all time?” There are debate questions, such as “Should abortion be legal?” And then there are questions that can be answered to a degree of certainty by the application of the scientific method, which are called empirical questions—in other words, those that can be largely settled by the evidence.

By the same token, the failure to control Hitler after he was released from prison looks unreasonable only with the certainty of hindsight. Through the mid-1920s, he was banned from speaking in most German states, but as time passed and memories of the putsch receded, the bans began to be lifted. After all, Hitler was now pledging to abide by the rules of legality, and how, in a democracy, could a politician be denied the right to be heard, no matter how insidious his message, if he stayed within the bounds of the law? Who—and by what authority—had the right to silence him? Saxony, at the start of 1927, was the first large state to lift the speaking prohibition and was followed by Bavaria and others. The last to do so was the all-important state of Prussia, by far the largest in the federation (“whoever possesses Prussia possesses the Reich,” Goebbels said). It held out until after the September 1928 elections, when the Nazis won a paltry 2.6 percent of the vote, but after that dismal showing its prohibition looked untenable, a restriction based on bad faith and sheer partisan politics. Such a feeble electoral result brought the question of free speech in a democratic system into clear focus. In 1928, the Nazis seemed less a threat to democracy than a spent force, while the Weimar Republic seemed to have put down genuine roots. Real wages were rising. Unemployment had dropped dramatically. Industrial production had climbed 25 percent since 1925. “For the first time since the war, the German people were happy,” one journalist wrote. The astute political economist Joseph Schumpeter said in early 1929 that Weimar had achieved an “impressive stability” and that “in no sense, in no area, in no direction, are eruptions, upheavals or disasters probable.” The real threat to democracy during these good times appeared to be not Hitler or his party but any bans on the leaders of political organizations. Of course, two years later, after the Nazis had grown to become the second largest party in the Reichstag, it was too late to outlaw them.

Trull Sengar saw chains upon the Letherii. He saw the impenetrable net which bound them, the links of reasoning woven together into a chaotic mass where no beginning and no end could be found. He understood why they worshipped an empty throne. And he knew the manner in which they would justify all that they did. Progress was necessity, growth was gain. Reciprocity belonged to fools and debt was the binding force of all nature, of every people and every civilization. Debt was its own language, whithin which were used words like negotiation, compensation and justification, and legality was a skein of duplicity that blinded the eyes of justice. An empty throne. Atop a mountain of gold coins. Father Shadow had sought a world wherein uncertainty could work its insidious poison against those who chose intransigence as their weapon - with which they held wisdom at bay. Where every fortress eventually crumbled from within, from the very weight of those chains that exerted so inflexible an embrace. [...] He argued that every certainty is an empty throne. That those who knew but one path would come to worship it, even as it led to a cliff's edge. He argued, and in the silence of that ghost's indifference to his words he came to realize that he himself spoke - fierce with heat - from the foot of an empty throne.

No one acts in a void. We all take cues from cultural norms, shaped by the law. For the law affects our ideas of what is reasonable and appropriate. It does so by what it prohibits--you might think less of drinking if it were banned, or more of marijuana use if it were allowed--but also by what it approves. . . . Revisionists agree that it matters what California or the United States calls a marriage, because this affects how Californians or Americans come to think of marriage. Prominent Oxford philosopher Joseph Raz, no friend of the conjugal view, agrees: "[O]ne thing can be said with certainty [about recent changes in marriage law]. They will not be confined to adding new options to the familiar heterosexual monogamous family. They will change the character of that family. If these changes take root in our culture then the familiar marriage relations will disappear. They will not disappear suddenly. Rather they will be transformed into a somewhat different social form, which responds to the fact that it is one of several forms of bonding, and that bonding itself is much more easily and commonly dissoluble. All these factors are already working their way into the constitutive conventions which determine what is appropriate and expected within a conventional marriage and transforming its significance." Redefining civil marriage would change its meaning for everyone. Legally wedded opposite-sex unions would increasingly be defined by what they had in common with same-sex relationships. This wouldn't just shift opinion polls and tax burdens. Marriage, the human good, would be harder to achieve. For you can realize marriage only by choosing it, for which you need at least a rough, intuitive idea of what it really is. By warping people's view of marriage, revisionist policy would make them less able to realize this basic way of thriving--much as a man confused about what friendship requires will have trouble being a friend. . . . Redefining marriage will also harm the material interests of couples and children. As more people absorb the new law's lesson that marriage is fundamentally about emotions, marriages will increasingly take on emotion's tyrannical inconstancy. Because there is no reason that emotional unions--any more than the emotions that define them, or friendships generally--should be permanent or limited to two, these norms of marriage would make less sense. People would thus feel less bound to live by them whenever they simply preferred to live otherwise. . . . As we document below, even leading revisionists now argue that if sexual complementarity is optional, so are permanence and exclusivity. This is not because the slope from same-sex unions to expressly temporary and polyamorous ones is slippery, but because most revisionist arguments level the ground between them: If marriage is primarily about emotional union, why privilege two-person unions, or permanently committed ones? What is it about emotional union, valuable as it can be, that requires these limits? As these norms weaken, so will the emotional and material security that marriage gives spouses. Because children fare best on most indicators of health and well-being when reared by their wedded biological parents, the same erosion of marital norms would adversely affect children's health, education, and general formation. The poorest and most vulnerable among us would likely be hit the hardest. And the state would balloon: to adjudicate breakup and custody issues, to meet the needs of spouses and children affected by divorce, and to contain and feebly correct the challenges these children face.

The legal deterrent is in the certainty of punishment and not only in its severity.

These were people whose certainty that they had the truth allowed them to withstand enormous social, economic, and legal pressures and whose commitment to their dogma grew as each pressure was resisted.

In order to justify their behaviour, they turn their theories into dogmas, their by-laws into First Principles, their political bosses into Gods and all those who disagree with them into incarnate devils. This idolatrous transformation of the relative into the Absolute and the all too human into the Divine, makes it possible for them to indulge their ugliest passions with a clear conscience and in the certainty that they are working for the Highest Good. And when the current beliefs come, in their turn, to look silly, a new set will be invented, so that the immemorial madness may continue to wear its customary mask of legality, idealism and true religion.

The Misbâh has chapters on “knowledge” (- ilm, ch. 62), “certain knowledge” ( yaqîn, ch. 88), “wisdom” (hikmah, ch. 99), and “ignorance” ( jahl, ch. 77). The chapters are spread over the whole, work seemingly without any clear motivation justifying their insertion in the particular places in which they are found. “Jafar” starts, of course, with the praise of knowledge as he does with the blame of ignorance whose progress is darkness42 and whose recession is light. He is concerned with clarifying the particular aspect of knowledge that is referred to in such common traditions as the search for knowledge being a duty, the search for knowledge to be extended even as far as China,43 and the knowledge about one’s soul being the knowledge of the Lord.44 In the first case, the knowledge intended is the knowledge of the fear of God and of certainty (- ilm at-taqwâ wa-l-yaqîn); in the sec- ond, the knowledge about (ma- rifah) the soul/self which includes the knowledge about the Lord; and in the third (where this last knowledge is particularly speci- ed), the knowledge that requires acting in accordance with it and which is “sincere devotion” (ikhlâs). The theme of the necessity of acting with sincere devotion is then elaborated by means of statements castigating useless knowledge and stressing the fact that just a small amount of knowledge supports a large amount of life-long work. An inscription found and deciphered by Jesus and a revelation received by David likewise indicate the need for action. “Knowledge” is the only way leading to God. The true “knower” is identi- ed by his prayers, his piety, and his actions, and not by his appearance, his pre- tensions, and his words. True knowledge has always been sought in the past by those possessing intelligence, devotion (nusk), modesty (bashful- ness, hayâ), and the fear of God (khashyah); today it is sought by men not possessing any of these qualities. Statements concerning the qualities required of teachers and students conclude “Jafar's chapter on knowledge. Knowledge, for “Jafar,” is the result of introspection, a response within the individual to the divine. But it is also the result of a process of teaching and studying, and it must - find expression in relevant human activity. The whole would seem to be a mixture of moderate Shîah views of revealed and inspired knowledge and the “orthodox” concern with the methodology of the transmission of traditions and their practi- cal legal signi- cance.

Friends of yours? Nice of them to make it to our claiming ceremony.” The deep voice behind her made Liv whirl around. He was directly behind her, looming over her and nodding at Sophie and Kat as though they were at a wedding or something. Well it is a wedding, isn’t it? Or the next best thing to it, chimed in the little voice. Liv was beginning to wish she had an ice pick so she could dig it out once and for all. Then she realized that was a crazy thought—and yet, she was in a crazy situation. How else was she supposed to react? “I’m her attorney, you asshole,” Kat lied with abandon before Liv could say anything. “And there’s not going to be any ceremony,” Sophia added, speaking up even though she was usually a total wallflower around strange men. She turned to Kat. “Is there, Kat?” “I’m afraid there is.” The big Kindred warrior had a neutral expression on his face but there was a warning rumble in his deep voice. “She’s my bride. I’m claiming her today.” “Excuse me? Claiming her? Like she was a lost piece of luggage at the airport or something?” Kat demanded. “She’s not lost anymore,” the big warrior said with certainty. “Now that I’ve found her she’s mine.” “Liv doesn’t belong to you or anybody else,” Sophia hissed, glaring up at him and keeping her arms protectively around Liv. “She’s my sister—you can’t step in and take her away, just like that!” “Actually, I’m afraid he can.” The new voice caused all of three of them to swivel their heads. Another Kindred warrior with blond, spiky hair and ice blue eyes was speaking. “You made a legally binding agreement when you enrolled in the draft,” he told Liv. “Not to mention just now when the officers picked you up and you signed the contract of claiming.” “I what?” Liv demanded. “What are you talking about? I didn’t sign anything. Did I?” The blond Kindred held out his hand and one of the Kindred officers put a thick sheaf of papers in it. “Does this look familiar?” he asked, holding it out to her. Liv felt her heart sink. “But I thought I was just signing to verify my uh, identity. See, they showed me this picture—” “Let me see that.” Kat snatched the papers away and began scanning through them rapidly. Liv and Sophia watched her hopefully but Liv could feel the hope in her chest turning to despair as Kat’s pretty face grew more and more blank. At last she looked up. “Well?” Liv felt like someone had deposited a fist sized ball of ice in the pit of her stomach. “Liv, honey—” Kat began and Sophia began to sob. “I can’t believe this,” she gasped, tears pouring down her face. “Can’t believe that they can just drag you out of your house without even giving you time to change clothes and force you to go with some strange man. This is horrible!” Liv felt numb. “No, Sophie, this is reality.

Jack Dylan was about to face federal charges for stalking a victim and murdering him. He would probably be charged with murder in the first. If convicted, Jack Dylan faced mandatory life in prison without the possibility of parole. Drastic action was required, and Shaheed knew with absolute certainty the one person he needed to call.

It has not been bad values, false doctrines or wrong ideas so much as it has been bad operational thinking that has been responsible for the decline of the West in the 20th century. Thinking today for survival must be operational, not legalistic, moralistic, normative or doctrinal. The only economic, natural or other so-called laws that are valid and useful as bases for calculation may more accurately be termed operational imperatives. Thinking about current problems and challenges, to be useful, must turn around determinable possibilities and calculable probabilities, not legal, moral, or value certainties. What creates a legal certainty is a legal opinion. What creates a religious, a moral or a value certainty is faith. What the fate of western civilization and the survival of the human race in the nuclear age depend on is accurate calculation as to what is operationally possible and probable, and not as to what is morally certain. There is little that is operationally certain about the future but a great deal that is calculably probable.

At times Brunetti thought Italy was a country where everyone knew everything while no one was willing to say anything. In private, everyone was eager to comment with absolute certainty on the secret doings of politicians, Mafia leaders, movie stars; put them into a situation where their remarks might have legal consequences, and Italy turned into the largest clam bed in the world.

Spiritual abuse can include some or all of the following characteristics: • Silencing. Spiritual authority is invoked to silence someone because of their gender, a difference of opinion, or a rigorous hierarchy. Those who speak may be scolded and will likely feel shame around having a voice or opinion. • Moralizing. Legalism in service of abuse is particularly harmful, as strict codes of behavior or moral expectations are elevated above trusting relationship. The victim will internalize a sense of shame around who they are when they cross the artificial boundaries of a spiritual abuser. • Certainty. A belief system is offered as inerrant and infallible, the only valid expression of the Scriptures, and a member’s good standing requires signing off on the whole of the belief system. There is often a tribalism in which the church or denomination has the truth and others do not. If anyone deviates or raises questions, they are shamed or ostracized. • Experientialism. The most spiritual people have the most ecstatic experiences, and those who don’t are questioned, marginalized, and made to feel like they don’t have enough faith or aren’t as blessed by God. They are made to feel deficient and wonder why God wouldn’t give them the same experiences. • Unquestioned hierarchy. Hierarchy in abusive situations isn’t empowering but disempowering. Those who are not in charge are made to feel small, insignificant, and unenlightened. Some may wonder why they’re not good enough or smart enough to be given some authority or at least to be considered.

Is the venture legal? Are there regulations that might limit or forbid it? Are there risks, including some perhaps previously unseen, that should be considered? Fortunately, in such companies, there are committees of all kinds and armies of lawyers whose main job is to protect the company from those unseen risks, avoid potential lawsuits, and keep its executives out of jail. Why? Many companies' leaders, at their core, don't like risk very much. They prefer as much certainty as they can get their hands on. If the company is listed on a stock exchange, they feel obliged to deliver the earnings that investors expect and deliver them consistently, quarter to quarter. No down quarters, please.

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