In this video, I look at a rather obscure theory of law known as Sociological Jurisprudence. When you consider how hopelessly corrupt Sociology is today, no longer much of a science at all, but mired in ideology and special interest, you may be surprised to hear that the first Sociologists were in fact conservative in their outlook. Thinkers like de Tocqueville, Max Weber and Emile Durkheim produced work that although modern in approach, still challenged the idealogies of the Democratic and Industrial Revolution, even looking back to social structures of the middle age for a remedy to alienation produced by modernism. Legal thinkers like Eugen Ehrlich likewise took aim at legal positivism, which had led lawyers to become lost in texts and obsessed with state power. Instead, lawyers should be looking at society for the true source of law. Although flawed as a theory and, unlike natural law theory, too relativistic, Erhlich like the founders of sociology urged lawyers to broaden their outlook in looking at other sources of law. This is useful to us to today reforming the law, changing how we think of law, and fighting the march towards greater and greater authoritarianism and the total state.
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#jurisprudence #sociology #modernism #positivism #philosophy #law #modernity #tradition #woke #ehrlich #pound #weber
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In this video, I tear apart Bill C-63, the so-called Canadian Online Harms Act, which is little more than a thinly veiled piece of tyranny designed to suppress political opposition, political debate and the spread of ideas the Trudeau government doesn't like. I look at the Orwellian legislation that if passed could put you in jail for a pre-crime, something you might do in the future, if someone who doesn't like you files a complaint. The penalty for words the government doesn't like can now be life in prison. I then look at the proud tradition of public attacks on tyranny in the form of a vicious speech called a Philippic, named after Demosthenes attack on Phillip II of Macedon and picked up by the Roman jurist Cicero in his attacks on Mark Anthony. The tradition of democratic and republican government in the West hinges on the ability to attack tyranny, or engage in any serious debate, without fear of offending. Hate crimes are tools of tyrants. The notion that hate is a social evil is folly, and will kill civic life in the West.
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The origins of Natural Law are obscure. The earliest societies had no conception of a Divine Rule Maker. The Gods and Spirits were capricious; omit your rituals or fail to supply the Gods with their quota of still beating hearts, and the sun may not rise in the morning. From the pre-Socratics, to Plato and Aristotle to the Stoics, Natural law takes on the features that still influence legal philosophy and politics to this day: rationalism, universalism, the ethical and moral necessity of law and the ability for all to access the logos of the universe through observation, experience, contemplation and God given reason. In this first introductory look at Natural law, we cover the period up to the Stoics, and their most notable practitioner, Marcus Aurelius, and consider what their ancient wisdom might tell us about our modern world.
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#jurisprudence #stoicism #presocratics #plato #aristotlephilosophy #marcusaurelius #marcusaureliusquotes #naturallaw #neiloliver #philosophy #law #internationallaw #managerial #therapeutic
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Lex cast Episode 1: https://www.youtube.com/watch?v=DnGzltWEzlQ&t=114s
Lex Cast Episode 2: https://www.youtube.com/watch?v=DGERYQsIyOM&t=126s
Lex Cast Episode 3: https://www.youtube.com/watch?v=Xm5Z304pNaY&t=394s
Lex Past Episode 4: https://www.youtube.com/watch?v=5DL9xSfMtaw&t=667s
Copyright Disclaimer Under Section 107 of the Copyright Act 1976, allowance is made for "fair use" for purposes such as criticism, comment, news reporting, teaching, scholarship, and research. Fair use is a use permitted by copyright statute that might otherwise be infringing. Non-profit, educational or personal use tips the balance in favor of fair use. No copyright infringement intended.
Dateline April 27, 2022 -- Bill 100 in Ontario, "No right to be heard", Idealistic laws get an F, Parliamentary democracy hits new lows and Quebec, a land without men.