Home Headline News Government - Politics New Years Resolution, Eliminate the Tyranny of Case Law by Jake MacAulay

New Years Resolution, Eliminate the Tyranny of Case Law by Jake MacAulay

3 min read

Most Americans assume that rulings and decisions handed down in cases that come before American courts are based on, and consistent with, the “rule of law”.

But, regrettably, this is not true.

In American courtrooms today, court rulings are not based on real law.  Rather, they are based on an imitation system which is commonly called “case law” or “the case law method.”

This phony “case law” method of understanding what law is and where law comes from is taught in virtually every law school in America today.

Indeed, a careful study reveals that the promotion of the “case law method” is the very reason that the modern law schools were established.

Let me briefly explain.

Prior to the 1880’s, those who desired to practice law studied under experienced attorneys.  Their apprenticeship included both the study of recognized legal scholars such as Blackstone, Montesquieu and Locke, as well as practical experience in writing briefs and memorandums and observing their masters in actual practice before the bar.

Undergirding that system was the universal understanding that law, like truth, is a fixed and certain thing because it is a part of God’s creation; and that the principles and precepts of law are found in God’s Word and in His Creative Order.

But the “case law” system replaces the wisdom of God’s Creative Order with the foolishness of men’s evolutionary imaginings.

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