- Martin Luther King believed that a law is just or not based on ethics, any law that enhances character is just, and any law that degrades character is unjust. And an unjust law is a law that is imposed on a minority. For example, apartheid policy is an unjust law
- I am fond of telling people that the law is the minimum moral. It does not tell what to do like religion does. The law says that a person cannot do something without being punished. Therefore, the purpose of law is to protect order, and justice is only one of the by-products of the process of maintaining order, but of course there are also other products. Justice is a value judgment that falls under the category of morality and ethics. The law is a definition, something substantial, a contract that everyone must abide by. When we have to make a subjective value judgment about something that exists in substance, there is never a correct version of this judgment, because correctness is also a subjective judgment. So the law itself is not just, but the point of the law is to ensure procedural justice, which can also be understood as a contractual relationship shared by society as a whole – that is, by those you know and those you don’t.
- I think the unjust law is the Patriot Act, which violates the protection of civil liberties in the U.S. Constitution. And the just law is the First Amendment, which protects the freedom of speech of citizens.
Supreme Court in the Betty Dukes v. Wal-Mart case decides that Wal- Mart won. The majority of the Supreme Court held that a small group of women did not represent all women and that the plaintiffs did not have sufficient “commonality”. They argued that “commonality” requires not only a common problem but also a common solution and equal compensation for all members. Therefore, this case does not meet the common requirements of Rule 23 of Civil Procedure(“questions of law or fact.” ) In addition, on the issue of “the matter of classification vis-à-vis back pay” ruling. Class actions fall under Rule 23 of Civil Procedure, which specifies, among other things, what kinds of relief classes can seek. In general, classes seeking injunctive or declaratory relief file as a “b(2)” class. whereas classes seeking monetary relief file as a “b(3)” class. As a civil rights case suing under Title VII, this case was squarely b(2). But the court ruled that women’s additional claims for the unpaid wages-the equivalent of millions, if not billions, of dollars in withheld wages for women nationwide-could only fall under ab(3) claims. This misclassification is enough to undermine women’s class status. Therefore, the Supreme Court decided that Wal-Mart won in the case.
1.The court system is better suited to protect the individual, than are the elected branches of government because the U.S. judicial system is a dual court system. Therefore, when the criminal suspect disagrees with the verdict, he can appeal to a higher court.
2. “Many Americans have thus called the federal court’s system, and especially the Supreme Court, anti-democratic PLACES IN OUR GOVERNMENT.” Democracy comes in many forms. If democracy in this sentence refers to direct democracy, then the sentence is entirely correct. If democracy in this context means representative democracy, then the appointment of judges in the United States is in accordance with democratic procedures. The reason for appointing in that way is that legal justice does not require democracy, but rather neutrality. Representative democracy ensures that the judges elected are of a professional standard. If direct democracy is used to elect judges and pilots to positions that require a high level of professionalism, it is possible that a blind man will be voted in as a pilot. So for the U.S., what is the purpose of the system by design? The economic base determines the superstructure. What is the economic basis of the representative capitalist system? — Capitalist private ownership. In a capitalist system, representative democracy prevents the tyranny of the majority and limits the power of government. The purpose of all this is to protect private property from infringement.
- Traditional warfare has a clear enemy, and in the war on terrorism, anyone can be defined as an “enemy”.
- The Patriot Act allows intelligence or law enforcement agencies to monitor new communication tools without re-obtaining authorization after they change communication tools. The Fourth Amendment of the U.S. Constitution stipulates that investigators must apply for and obtain a search warrant before searching and detaining a suspect to confirm that the suspect has committed a crime. Therefore The “Roving Wiretaps” of the Patriot Act violates the Fourth Amendment.
- Sneek and peek” warrants authorize its enforcement officers to physically enter private premises and secretly search the premises without the permission or knowledge of the owner or occupier。
- The trend of modern society is to develop towards the pursuit of objective truth so that religion and political forces do not interfere with each other, political decisions are not affected by religious forces, and science and religion are completely separated, and objective things are treated in an objective manner. To ensure that the science education system is not affected by religion. Establishment Clause and the related “Lemon Test” can help to a certain extent in guaranteeing freedom of religion, ensuring that different religions can have free space.
- The first amendment of the U.S. Constitution protects freedom of speech, and the protected “speech” is not limited to oral and written language, it can also be “thought expression” and “symbolic” behavior. Burning the flag is essentially an expression of appeal, so it is protected by the first amendment. Examples are Street v. New York State and Texas v. Johnson.
- “I’m taking the Fifth” means that witnesses can avoid self-incrimination in accordance with the provisions of the Fifth Amendment to the U.S. Constitution.
- Ruse, balance, and party struggles.
- Property rights come from the diverse faculties of people.
- If faculties are one of the factors of their wealth, then this sentence can be called relative truth. If wealth only depends on faculties, then I don’t agree with this sentence, because there is no absolute truth.
- One question. What is the purpose of establishing a unified central government? A consensus was reached on this issue before the constitutional representatives arrived in Philadelphia. That is to protect property rights. This consensus is also the reason for the War of Independence and the convening of the Constituent Assembly. The purpose of the war of independence was to get rid of the rule of the suzerain Britain and recover the destroyed property rights. Later, because of the Shays’ rebellion and other events, these property owners realized that it was necessary to have a government that could protect property rights. So there is The convening of the Philadelphia Constituent Assembly.
- I am not surprised by their opinion. On the contrary, I abuse the term democracy against some countries and some people feel surprised, causing many people to talk about democracy every day, but they don’t know what “democracy” is. What is “democracy”. It is very simple-the minority obeys the majority. If you know the original meaning of democracy, you can think about this issue better. If the minority obeys the majority, what about the interests of the minority? Will this cause the tyranny of the majority? Will it cause the exaggeration of social contradictions? On the contrary, the meaning of a republic is the same as most people’s views on democracy. What was the original Latin definition of the word “republic”? Citizen’s public affairs. That is, the governance of the country is the common cause of all citizens. The government must serve the interests of everyone, not just the interests of a few or the majority. At the Philadelphia Constitutional Convention, delegates always referred to the proposed US government as a “republican government” or a “liberal government” instead of the “democratic government” commonly used by Americans and even people around the world today. The reason why the American founding fathers do not like democracy is that they fear that the tyranny of the majority will infringe on their private property. This view can also be seen in the US Constitution. Can ordinary citizens of the United States directly elect the president? Can citizens of the United States remove the president?
1.Unitary systems: There is only one central government agency, and local autonomous or administrative units are under the unified leadership of the central government.
Federal: The federal and member units have their own constitution and laws, and each has its own state organ system. The power division of the federal and member units is based on the constitution. The power of the Federation is granted by the member units in the Federation.
confederation: The Confederation is not a sovereign country. There is no unified constitution and a centralized and unified system of state organs. Each country has its own independent sovereignty, a central state organ system and a legal system. The decisions of the confederation must be approved by each country to be effective.
2.For the United States, the purpose of the establishment of the government is to protect property rights. Therefore, if the power of the new government is too small, it will not play a role in protecting property rights. If the power of the new government is too great, it will itself be a threat to property rights.Therefore, the representatives who make the constitution are basically inclined to establish a balanced government, which is based on at least three levels: the balance between the central authority, between the central power and the state power, and between the government power and the people’s power. Only in this way can we prevent top-down or bottom-up infringement of property rights.
3. In controlling the COVID-19, the federal government can only give advice to the state government. Therefore, the poor response to the epidemic in the United States is the result of the inaction of the federal government subjectively and the decentralized management of the federal system objectively. Whether the epidemic prevention belongs to federal management or state government management is a question.
- As the author said, the wealthy white bourgeoisie has the right to vote to make the constitution. Anyone else, including the petty bourgeoisie, is deprived of the right to vote, who he called the disenfranchised. “In twelve of the thirteen states (Pennsylvania excepted), only property-owning White males could vote, probably not more than 10 percent of the total adult population. Excluded were all Native Americans (“Indians”), persons of African descent, women, indentured servants, and White males lacking sufficient property. Property qualifications for holding office were so steep as to exclude even most of the White males who could vote.”
- The class structure of early American society is much the same as it is today. Class mobility is still very low today. The sons of parliamentarians are more likely to become parliamentarians because they can get better education and more contacts. People say that education changes destiny. But a student who graduated from Eton College and a student in a community middle school often have very different futures. What’s more, there are still many Americans today who cannot receive higher education because they cannot afford tuition.
- The most fundamental thing about freedom in the United States is the freedom of capital, which is also the freedom pursued by the founding fathers of the United States, as can be seen from the composition of representatives at the Philadelphia Constitutional Convention that year. The founding fathers of the United States pursued a republic, not democracy, and even flogging democracy is a crime to destroy freedom, because they fear that the tyranny of the majority will infringe upon their private property.
1.The special effects of capital society determine that capital will inevitably gather in a certain person. This is not surprising. Remember one thing whether it is capital, capitalist or capitalism. Their focus is on the word “capital”. Capitalists are not “people”, they are the embodiment of the personification of capital. Capital controls capitalists, not capitalists control capital. This can also answer a question. Why do capitalists need to exploit their employees after they are so rich? The purpose of capital is to multiply and expand infinitely. Capital will not get tired. Capital will only multiply indefinitely like cancer cells. If a capitalist’s capital cannot continue to increase in value, it will be eliminated and swallowed by more capable capital. As a capitalist, as long as you are in this position, your behavior pattern must be completely in accordance with the needs of capital accumulation. In other words, once they have such an identity, capitalists lose their freedom of choice to a certain extent. You can only make the company bigger and bigger, and the net profit will be higher and higher, and you will not want to reduce your income and give back to the labor. This is not a question of morality or ethics. This is the law of capitalist society.
2. I don’t have many ideas. I just want to ask one question, whether the law should protect private property from illegal infringement by others. Jurists, economists, and many other experts can give me countless arguments. I only have a rhetorical question, if one day, even the air you breathe is the private property of others, what will you do?
M-C-M’ (G-W-G’）– general formula for capital
M refers to money, C refers to commodities, M’ refers to increased currency (surplus value)
Capitalists use their own currency to buy the means of production and hire labor for production and sell the produced goods for more currency. In this process, money realizes the increase in value and thus becomes capital.
The formula M-C-M’ (G-W-G’）reflects the most general form of movement of all capital. First, it directly reflects the form of movement of commercial capital. Secondly, it also reflects the movement form of industrial capital. Industrial capital also starts from currency, which is converted into commodities, and then converted into more currency through the sale of commodities. Although it also includes a production process, it is only a supplement to the formula G—W—G’. G-W-G’ comprehensively reflects the most general form of movement of commercial capital, industrial capital, and interest-bearing capital. Therefore, Marx called it the general formula of capital. The value of capital has increased in movement and circulation. Value appreciation is certainly the essential attribute of capital. However, the increase in value generated by capital in circulation is in contradiction with the nature of commodities, value, and currency, and with the value law of the commodity economy. At the same time, the capital general formula also shows that capital not only preserves its own value in circulation, but also realizes value proliferation. This is the contradiction of the capital formula. How should this contradiction be resolved?
First, the value increase will not occur in the currency of the G-W stage of circulation, because the currency here as a means of purchase or payment, only realizes the price of the goods it buys or pays, and its value will not change in any way.
Second, the increase in value cannot occur in the W-G’ stage of circulation, because the re-selling of commodities is only the conversion of commodities from natural forms to currency forms. Under the conditions of equivalent exchange, this value will not change of.
Therefore, the proliferation of value must occur on goods in the G-W stage, but not on the value of this kind of goods. Because of the inherent law of equivalent exchange, the proliferation of value can only occur in the use-value of the purchased commodity. That is to say, in order to increase the value, the money owner must buy a special commodity in the circulation field. The use-value of this commodity itself has the special attribute of becoming a greater source of value, that is, it can create value, and it can create a greater value than its own value. This special commodity is the labor force. Therefore, the labor force as a commodity is the key to the problem and the fundamental condition for resolving the contradiction in the general formula of capital. It’s also the key to capitalists to stay wealthy.