Living law of a democratic society

President Trump promises to annihilate a nation of 92 million people if his unconditional terms of capitulation are not met by the autocratic leaders of Iran. Pope Leo XIV calls for world-wide peace. President Trump and Israel’s Prime Minister Benjamin Netanyahu have twice ordered surprise bombings of Iran during peace negotiations to end a war started and maintained by Israel and the United States. President Trump and Prime Minister Netanyahu criticize the Pope for not joining with them in their demands. The Pope continues to call for peace.

President Trump is weaponizing his self-appointed and individually controlled Department of Justice to punish and eliminate from government many persons involved in his election loss of 2020. The president has established a 1.6-billion-dollar fund of taxpayer money to pay some of the insurrectionists who tried to violently overturn the 2020 election. Trump claims the 2020 election was an illegal takeover of our federal government.

President Trump has proudly killed the leaders of Iran’s government using about 100-billion-dollars of America’s funds and virtually uncontested military force. The president sees no inconsistency in his belief that America’s government was illegally prevented from power while he and Netanyahu removed Iran’s government by force. What is the paradox between calling out an alleged overthrow of a democratic election while “bombing Iran back to the Stone Age” to remove its leaders?

All societies have legal systems. Autocratic societies have legal systems in name only as the rulers have the power to disregard or misapply the written laws. If they do not like established laws, say that only Congress has the power to involve America in war, then the dictatorial ruler can simply ignore all restrictions. However, in a democracy, a country is not to be run by vacillating fiats of one or a few people, but according to due process established by the majority. That is the absolute bedrock of the “Living Law of a Democratic Society”.

Jerome Hall (1901-1992) was an internationally renowned professor of jurisprudence at Indiana University School of Law in Bloomington, Indiana from 1939-1970. I was fortunate to attend his last Indiana class in jurisprudence, The Study of Legal Philosophy, in the summer of 1970 before he retired and moved his teaching to the University of California, Hastings College of Law until 1986. I found Professor Hall’s class to be my greatest challenge and greatest learning experience.

In his marvelous book, Living Law of Democratic Society, published in 1949, Professor Hall examines how societies form legal systems and, especially in democratic societies, how they live by them. A society such as the United States maintains a legal system in constant flux, but is guided by its lodestone of keeping its democracy by not allowing the constantly shifting legal framework to slide into autocracy. In America, our guiding principles are firmly established within our Constitution which may bend or sway but never break.

Americans know what is right: offensive wars are wrong morally and must always be guarded against if our republic is to survive and not fall into the abyss of Nazi Germany or Zionist Israel or the destruction of countless once democratic societies which lost their freedoms. It is not insignificant that Professor Hall lived through the evil of Japan, Italy and Germany in WWII and thereafter in 1949 wrote his scholarly treatise of democratic legal systems that had lost their way. Today, in my opinion, he would strongly caution America not to allow Zionist Israel to mislead us into evil as so many countries allowed Nazi Germany to do.

What should we do? What can we do? Professor Hall might guide us toward the original democratic society and point out as did Plato:

“The heaviest penalty for declining to rule is to be ruled by someone inferior to yourself.”

Plato meant that the general Greek population allowed people of lower morality who sought office not to serve but to slowly accumulate absolute power. In the 1930’s and 40’s the Japanese citizenry was not generally evil, but through lethargy and desire for ease it allowed Emperor Hirohito and General Tojo and their cadre of power brokers to slowly move Japan towards autocracy without limits. The Italian populace was not prone to squelch rights in general, but it lazily watched as Benito Mussolini seized more and more power until Italy was lost within Germany’s military scheme. The Germans had had over a thousand years of a great culture that included many Jewish, Romanian and other minorities, but the average German allowed Hitler and his ilk to blame immigrants and Jews for Germany’s loss in WWI which led to the loss of all of Germany.

In 1948 Jewish people immigrated to what was then Palestine and began to almost imperceptibly force out Arabs, Christians and Palestinians until now the autocratic Zionist government has committed the same holocaust on Palestinians, Syrians, West Bankers, Yemenis and Lebanese as the Nazis did the Jews in Germany. In each case it has been a minority of power-hungry politicians such as President Trump and Prime Minister Netanyahu who have demonized minorities such as immigrants or Muslims and have sought to supplant the democratically arrived at law with their own despotic rule.

This was all done as the well-meaning but uninvolved general populace did nothing but cheer on the coming Nakba so that land and resources could be stolen. We Americans are a happy nation and prefer ease to strife. I know from many within my own family and friends religion is often at the root of the worship of Donald Trump and support for his policies. That is why it is enheartening that Pope Leo has taken a firm and public stand for peace. I am not Catholic, but if I were I would be proud to pay attention as the sirens entice us onto the rocks.

In the United States today, our Living Law has ebbed into being ruled not by our democratic system, but by power-mad autocrats and their sycophants who are convinced they know what they want and what the rest of us should receive. We are not too late to pull down the temple walls and return to the righteous path of our Constitution. However, time waits for no one.

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