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Mistaken Presupposition Fatal to Fundamental Intelligibility and Efficacy of Law


Bosco
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Bosco
  • Law Student

Credence of Law is Discredited by the Identification of Mistaken Presupposition Integral to All Jurisprudence                                                                                         

I.    Law is Not Determinative of Human Conduct.

1.   All persons, in their primal original freedom, are structured such that they are not, cannot be, either causally determined to action or inaction by law, or, self-determine themselves to act or forbear action per motivatIon by given language of law.  To maintain that language of law is determinative of human conduct is ontologically unintelligible because, “...determinatio negatio est ...”  , i.e., all human determination to action is negation/nihilation, and, law is a given, positive, factual state of affairs, which law, as an in-itself identity a = a, is what it is, and, as such, ‘cannot get out of itself in order by itself ’  to act as an originative force engaged in the upsurge of a human act.

  2.   The constantly ongoing vacuous attempt by American law to proscribe and prescribe future human action and inaction by a language of law is absurd, because, it is in fact impossible to determine human action/inaction by given law; and, more precisely, it is existentially absurd to attempt to determine human conduct by law because, human action originates only one  way, the ontological way,  which way is, since 1943, described as the “double nihilation”.  ‘Ontological’, in lay terms, means the way all human persons are built; the way humans tick.

3.   Contemporary American law exhibits total lack of reflective comprehension of the doubly nihilative human ontological modus operandi of the upsurge of a human act, and, therefore, fails to recognize the inanity of constantly attempting to mediate  civilization by a failed and failing notion that law is an efficient determinative efficacy among human persons, whereby human misconduct can, purportedly, be obviated, and, acceptable human behavior can, putatively, be legislated.

  4.   Moreover, extant American law fails to see that it’s over-exercised

 mistaken notion that written law is determinative of human conduct has, constituted a state of affairs wherein law is a means of artificially enslaving and, of  reducing the American citizenry to peonage, which reductions  to bondage are unconstitutional per se.

  5.   The  mistaken and inane demands of law upon humans, incessantly posited by American language of law, cannot conclusively overpower and enslave  the original action constitutive power that is human consciousnesses’ nihilative mode of upsurging action; for,  the defeasing power of the pen constitutes primemost  means of relieving Americans of a destructive totalitarian legalistic weltanschauung, which uninformed legalism is progressively destroying what was originally an American nation of free  people, living for the sake of preserving and, severally furthering, among many other ontological freedoms: human onto-theologic , weapon bearing, and  linguistic expression; and, further, via the selfsame pen, grassroots Americans can be uplifted  unto knowing a reflective comprehension of the ontological  modus operandi of the origination of a human act., and, thereby,  vanish the total dependency of the American judicial/legislative complex, upon a pre-reflectively free American citizenry,  which citizenry   totalitarian law now, tentatively, overpowers per virtue of a grassroots lack of capacity to enunciate a self assertive defense of their original deistically gifted ontological freedom against, ongoing destructive compromise  by legalistic interests, for, the only substrate whereupon legislative/judicial  interests can possibly prey, is man’s original ontological  freedom.

 6.   American law is dependent upon the deluded misconception, and, upon  the overall public misperception, that  language of law is an actual overpowering, ruling, determinative  efficacy among men.  Moreover, American law is absolutely dependent, most of all, upon the pre-reflectively free American grassroots, which seemingly appears hopelessly overpowered by legalist interests; nonetheless,  a  radically viable means of transcending American totalitarian legalist  misconduct  and, of transcending a destructively dissolute and mistaken methodology of stare decisis , is,  by point-blank explanation to American grassroots what their  primal human original ontological freedom is, and, how original human ontological freedom ceaselessly  plots and navigates course.  Via  thus transcendently advancing American grassroots unto personal possession of a reflectively free freedom, it is possible to peaceably  abandon and maroon an ignoble, grassroots dependent, American totalitarian law, alone and inept,  upon the frightful and sterile desert island of  misconceived and destructively mistaken notions of  putative legalistic power. Thereby  establishing an  insulating existential ontological protective sea, of reflectively free grassroots consciousnesses, standing  between each American  and  the destructively loose cannon that is extant tyrannical American law, (which law delusionally attempts, by law, to suffocate and overpower  primal deistically wrought  nihilative human ontological determinative power), for the sake of openly voyaging unto a free ontological sociosphere, where individual Americans can correctly upsurge acts  in knowing accord with their ontological structure,  (absent the strained destructive legalo-ontological-disaccord universally promulgated by an anti-ontological law), and, where original human ontological freedom establishes a noble and overpoweringly reflectively  free grassroots reign over America, whereby a structurally self-conscious  primal original freedom, educationally self-emancipated from an anti-human and anti-American legalism, will  let freedom reign.

Enhancement of the 1791 Constitutional Amendment approach to having and securing a live ontologically free American civilization, is attained  by educationally uplifting American grassroots unto possessing a reflective mastery of the  nihilative modus operandi of the upsurge of personal ontological freedom of action, by which mastery the coveted freedoms described by the American Bill of Rights can be forever realized, kryptonically secured, preserved, and guaranteed against jurisprudential impediment  via attempted freedom obviative, anti-Constitutional, anti-Ontological, and anti-human language of law.  Casting civil rights  objectives In language of law, being law, does not, cannot, constitute indefeasible means to attaining said rights because, given established  factual legal language is not determinative, not efficacious, not efficient within human affairs. The only inexorable means to actual realization of  the free civilization intended by our founders, who were themselves merely pre-reflectively free, is through  the attainment, by each person, of a lived reflectively free ontological freedom..

II.   Freedom of Origin of Human Action is the Double Nihilation.

7.   Current  American legal thought lacks understanding of  human existential ontological structural realities which permit one to hold:  The original human freedom which creatively authors law is absolutely not in turn subject to being determined, constricted, and controlled  by that selfsame created language of law; --- law whereby considerations regarding what is legal or illegal, guilt or not guilt, punishable or excusable, criminal or innocent, lawful, or, unlawful, are daily employed  for and against human beings who cannot, by virtue of their very ontological structure, actually be determined to act or forbear action by a man made language of law, which law is created by the same originally free human consciousness which jurisprudence vainly and mistakenly attempts, by law, to control.

 8.  Only the ‘’double nihiltation’’ is the negation, i.e., the negative process, the means, whereby human action originates/upsurges.

9..   Via knowledge of  the thought of Baruch Spinoza , who originally saw that determination is negation, Jean Paul Sartre, has described how human determination to act upsurges via  a process which Sartre calls “double nihilation”.  Sartre’s theory of origin of human action posits consciousness as upsurging acts via “the double nihilation”, a position predicated upon Baruch Spinoza’s dictum  “determinatio negatio est”.

10.   The originative ontological modus operandi of the upsurge of human action, comprehension of which constitutes a person reflectively ontologically free, is the “double nihilation” (“Being and Nothingness” Sartre 435,486). Original human ontological freedom is essentially double nihilation.

11. A  human act does not, cannot, originate on the basis of  given factual state(s) of affairs such as  legislation or, case law precedent.  Consider  J. P. Sartre’s : “No factual state whatever it may be (the political and economic structure of society, the psychological “state,” etc.) is capable by itself of motivating any act whatsoever. For an act is a projection of the for-itself toward what is not, and what is can in no way determine by itself what is not.”   And, further: “But if human reality is action, this means evidently that its determination to action is itself action. If we reject this principle, and if we admit that human reality can be determined to action by a prior state of the world or itself, this amounts to putting a given at the beginning of the series. Then these acts disappear as acts in order to give place to a series of movements...The existence of the act implies its autonomy...Furthermore, if the act is not pure motion, it must be defined by an intention. No matter how this intention is considered, it can be only a surpassing of the given toward a result to be attained. This given, in fact, since it is pure presence, can not get out of itself. Precisely because it is, it is fully and solely what it is. Therefore it can not provide the reason for a phenomenon which derives all its meaning from a result to be attained; that is, from a non-existent… This intention, which is the fundamental structure of human reality, can in no case be explained by a given, not even if it is presented as an emanation from a given.”  The intended intentional conduct of an individual human freedom cannot be determined and initiated by given law.

12.   Law is a deluded mode of thought which mistakenly artificially constricts all sociospheric phenomenon as being  either legal or, illegal, and, mistakenly mistreats human beings in violent disaccord with their human ontological structure by illegitimately forcing upon all persons the insistent and wholly mistaken notion that given language of law is a determinative force within human affairs, a determinative force whereby acceptable human conduct is causally determined, and, human misconduct is efficiently causally obviated, by a ubiquitous language of law.

13.   Via  theoretical constructs entailed in human existential phenomenological theory of the origin of human action, cardinal legalistic theoretical constructs are demonstrably defeasible, including the central legalistic thinking  which mistakenly presupposes language of law to be determinative of positive human conduct and of negative human forbearance to act;  which  thinking entirely lacks understanding that all determination is negation and, which legalistic mode of thought  mistakenly deems itself practicing stare decisis as a genuine, viable, and honorable mode of  making life and death determinations via  positive given established published  language of law.

 

14.   The type of determination being considered is human determination to act, and, precisely what is being considered is how human action originates at its source, the source being human consciousness.

15.   Several thinkers have employed, slightly modified, and grounded their reflections upon the Spinozistic dictum. Hegel modified the dictum  to "All determination is negation." Then, Sartre, using the Hegelian modification, based his entire magnum opus, "Being and Nothingness", 1943, upon the dictum. One can go as far as to say that every consideration in Sartre's eight hundred plus page work, entails Spinoza's dictum.

16.   Hegel proclaimed the dictum to contain infinite riches; and, as part of the mining of those infinite riches, Sartre realized something which he based upon the dictum, and which precisely describes how human action actually originates by consciousness. What Sartre named the "double nihilation" is a theoretical structure which traces the particular movement of consciousness which constitutes a human act; being, in fact, a compound or double movement.

Sartre employs the term 'nihilate', which, he stated, means "to make nothing", and, this in the sense that nothing is produced by consciousness; and, consciousness is nothingness, a nothingness which nihilates or makes the nothing that is human determination to action. Spinoza’s dictum “determinatio negatio est”, (determination is negation), constitutes the fabric of Sartre’s double nihilation, thus:

17.  The most radically fundamental consideration explained by existential ontology is how a human determination to do, to originate, an act, transpires; and that originative transpiration proceeds as a doubly negative process, known, per Sartre, as "the double nihilation”.  

18.   Law arbitrarily designated as determinative of human conduct is an existential ontological absurdity, for human determination is solely predicated upon negation, and, language of law is a presence, a given, a factual.

19..   Positivist materialist deterministic legalistically oriented persons lack reflective consciousness of the human ontological fact that determination to action, or inaction, for original human freedom, upsurges only as two negative moments of the doubly nihilative movement of consciousness, vectoring unto an intended future.

20.  The American legislative/judicial illusion of ascribing to human action an origination in, and/or, by, given written law, is an unintentionally mistaken, silent, absurd, fatally ontologically unintelligible, presupposition.

21.  The conduct of an individual human freedom cannot be determined and initiated by given factual language of law because, human determination to action is not at all predicated upon givens, rather, human action originates strictly ex nihilo as a double nihilation.

III..  Existential Absurdity as Legislative/Judicial Illusion.

22.   Human existential absurdity designates givens as cause/motive/determinant of one’s action, while, in reality, human action exclusively originates ex nihilo, via the nihilative power continually exercised  by consciousness.  (Sartre, J.P., “Being and Nothingness”, Part Four, entire).

23.  Legislative/judicial illusion is an instance of human existential absurdity wherein the illusion consists in blindly, mistakenly, presupposing given language of law to be determinative of human action and inaction; --- legislative/judicial illusion is the ontologically unintelligible misconception of mistakenly presupposing given language of law determines one’s acts, and/or, that one determines one’s self to act, or forbear action, by given law.

24.  The type of determination being considered here is human determination to act, and, precisely what is being considered is how human action originates at its source, the source being human consciousness.

25.   Several thinkers have employed, slightly modified, and based their systems of thought upon the Spinozistic dictum. Hegel modified it to "All determination is negation." Then, Sartre, using the Hegelian modification, based his entire magnum opus, "Being and Nothingness", 1943, upon the dictum. One can go as far as to say that every consideration in Sartre's eight hundred plus page work, entails Spinoza's dictum.

26.  The conduct of an individual human freedom cannot be determined and initiated by given factual language of law because, human determination to action is not at all predicated upon givens, rather, human action originates strictly ex nihilo.

IV.  In-authoritative Authority.

27.  The in-authority of American legal authority consists in the legislative/judicial illusion whereby, so called legal authority absurdly claims given language of law to be determinative of  actions by legal authority against persons; while, all the while, defense against the in-authoritative authority of American law  consists in proclaiming the human ontological reality that all  human determination to action transpires only via doubly nihilative conscious moments, whereby each and every originally absolutely ontologically free human consciousness intentionally imagines, and, intentionally upsurges unto an absent future.

28.   One can possibly appear to determine to act in accord with given language of law, however, one cannot legitimately, accurately, and humanely claim and declare given language of law to be an ontologically authentic and correct basis/reason for subjecting, for example, in one’s role as legislator or prosecutor, or magistrate, another human being to punishment; i.e., as a being for whom action originates and upsurges as a function of the doubly nihilative movement characterizable of the pursuit of one’s every conscious  project, it is absurd, illusory, and in unintentional bad faith, as ex nihilo nihilative originator of one’s acts, to claim that one is determined to  judicial action against another person by  given language of law; therefore, ultimately, one cannot in fact legitimately act, is not in fact legitimately acting, against another human being on the basis of, and in accord with, one’s false notion that given published enforced language of law is determinative of one’s conduct.

29.    The designation of given language of law as a means for punishing another human being is entirely inconsistent with the sole ontological doubly nihilative process whereby the originative upsurge of human action transpires.

30.    No magistrate can in ontological fact be determined to action, or, determine himself to action by law, therefore, any punishment which said magistrate declares against a person, in the name of law, is predicated upon the legal/jurisprudential error of mistakenly presupposing a determinative efficacy of the language of law, which error constitutes ongoing legal malpractice of an inhumane and unethical legislative/judicial/jurisprudential illusion.

 

V.    Enhancing the Constitutional Amendment Approach of 1791 to Having a Live Ontologically Free American Civilization, is Attainable  by Educationally Uplifting the Grassroots Unto Having Reflective Mastery of the  Nihilative Modus Operandi of the Upsurge of Personal Ontological Freedom, by which Mastery the Coveted Freedoms Described by the 1791 Bill of Rights can be Forever Realized, Kryptonically Secured, Preserved, and Guaranteed Against Jurisprudential Impediment Thereto via Attempted Freedom Obviative, Anti-Constitutional,Anti-Ontological, and Anti-Human Language of Law:

 

31.    An American civilization, patterned in accordance with, not in legalistic discord with, core human original freedoms, was formally pioneered with the penning of The United States Bill of Rights in 1791.  The Bill of Rights is our first American attempt to impart immortality to designated and undesignated original human freedoms, by law, which, now, with the realization that language of law per se is not efficient to guarantee American conduct will always freely transpire in keeping with the original intent of Bill of Rights, the possibility of constructing an alternative means of assuring an everlasting freedom for primal grassroots original freedoms is, nonetheless,  attainable by informing Americans about what personal  reflective ontological freedom is.   Guaranteeing human rights cannot realistically be assured by law, which is demonstrably not determinative of human behavior. However, the American original freedoms which are the foundation of  American civilization, can be assured immortality by uplifting the American grassroots to a possession of reflective understanding of precisely what their primal original ontological freedom is and, of how said freedom naturally transpires, even without law; which uplift was outlined at X above.

32.  Twenty first century Americans cannot viably genealogically immortalize the living  original ontological freedoms, currently being pursued via a historic Bill of Rights,  without stepping one’s knowledge of freedom up to the  attainment of a reflective apprehension of the operative mode of one’s personal ontological freedom, whereby, original freedom can be lived …. inroads continually attempted by a merely pre-reflectively free and rampantly tyrannical American, for lawyer monetary gain, legal system. 

33.   We Americans shall not, cannot, solve/dissolve our sociospheric problems by endlessly making laws.  It is only by everyone attaining personal reflective knowledge of one’s absolute human original ontological freedom and, thereby, placing the pure nobility of our absolutely free human mode of originating our acts, at the forefront of our civilization, that, breathing free, our actions will honorably upsurge in keeping with our inherent human nobility, and will, thereby, transcend and leave an anti-human, suffocative, and destructive law/jurisprudence, marooned, abandoned, and alone, lost in an ignoble, slavish, sub-human legalistic depravity. 










 

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  • ZineZ locked this topic
ZineZ
  • Lawyer

In addition to a number of additional issues with this post, please note that this is this forum is not American. 

Locked. 

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