Thursday, October 26, 2006

Monarchy drags into the muddied water

Now, the monarchy is dragged into the fray.

The episode is now muddied and getting far insidious.

We now returned to the primitive era, rule of classical natural law epoch, and legal positivism takes a back seat. Ron Fuller's doctrine will be resurrected and Thomas Aquinas Natural Law Theory comes into play.

According to Aquinas, law is a rule or measure of action in virtue of which one is led to perform certain actions and restrained from the performance of others. But the rule and measure of human action is reason. It is reason which directs action to its appropriate end. Reason has power to move to action from the will. But will, if it is to have power or authority, must be regulated by reason when it commands. It follows that the law must have as its proper object the well-being of the whole community. The first principle object is the ordering of the common good. A private person has no authority to compel right living. He may only advise; but if his advise is not accepted he has no power of compulsion. But the power of compulsion belongs either to the community as a whole or to its official representative. Men, unlike other animals, has the weapon of reason with which to exploit his base desire and cruelty.

"Whatsoever therefore is consequent to a time of Warre, where every man is enemy to every man, the same is consequent to the time, wherein men live without other security, than what their own strength, and their own invention shall furnish them withall." (Thomas Hobbes; Leviathan 1651).

"Every one has a right to punish the trangressors of that law to such a degree as may hinder its violation". (John Locke; Tow Treaties of Government).

"The law has the force of law only when it is promulgated." (J. Maritain; Man and the State 1951)

"Whether or not morality can exist without society, it is certain that politics cannot." (M MacDonald; Natural Rights 1948).

"To command what cannot be done is not to make law; it is to unmake law, for a command that cannot be obeyed serves no end but confusion, fear and chaos. A law that changes everyday is no law at all. Increasingly, the principle object of government seems to be, not that of giving the citizen rules by which to shape their conduct, but to frighten him into impotence. A mere respect for constituted authority must not be confused with fidelity to law." (Ron Fuller; The Morality of Law 1969),


O2Deprivation said...

Was the monarchy being drag into the fray or was it monarchical system that is governing the country for all these years? Think along the line and you shall see the light.

The people voted for the government through democratic system but it has been all the while monarchical to determine who make it to the top and who boards the gravy train.

lucia said...

the sultan said that dr me should act like a pensioner - enjoy his retirement playing golf or scrabble with his cucu-cucu instead of opening his mouth to criticise. haha. as if he would - he's not your everyday normal pensioner!

bayi said...

Maybe the Sultan can invite Tun to play golf with him? :)

Maverick SM said...

O2Deprivation, in political problems, normally the monarchy abstain from participating. This time is unusual.

However, I believe that Tun will try get an audience with the Sultan and give his side of the story. Then, the water gets muddier and insanity will rule the day. I fear the reconstruction of the anglo-saxon days.

bayi said...

anglo-saxon days? let's bring on william the conquerer! he slayed all his enemies without mercy like what marchiavelli would have been proud of.

Maverick SM said...

Yes, Bayi, it was the days when the vikings, the barbarians, ruled by the sword and declared a new nation, what we call, England.

mob1900 said...

Wasn't the first King of England affectionately known as Edward the Bast*rd?