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What is the proper role of legal institutions in American society?

(- 5) Genetic view: The fundamental problem with relying on laws to make society honest and hold it together is that they tend to be least effective at the highest policy levels where they are most needed. Tacitus noted, "Where the state is most corrupt, the laws are most multiplied." Pythagoras said, "As soon as laws are necessary for men, they are no longer fit for freedom." The most reliable safeguard for a society is not the creation of "better laws" per se, but rather insuring that the people who man the strategic bases of society share ones race, ethnicity, culture, and other vital values and interests. In this way, they will have a natural sense of caretakership. They will be more likely to identify with you and resolve "gray zone" policy issues in your favor. Conversely if aliens take control of the strategic bases of your society, God help you, because no laws will ever protect you in the long run from their quiet, clever skullduggery motivated by their alien interests. Indeed, it is the men who make the system more than the system that makes the men. Anarcho-libertarians observe that in communities of mostly fair-minded, reasonable, honest people, most disputes that cannot be resolved on a personal level can still be resolved through private arbitration without escalating to state intervention. Most Anglo-Saxon common law is based on simple common sense principles that do not require formal legal training or a legal library to understand. Laws must reflect ancestral traditions to insure that your men continue to run your system. "Equality" becomes meaningless as we remove it from its traditional context in Anglo-Saxon common law and egalitarian Northern European tribal communities. "Law" will not prevent multi-racial America from eventually coming apart at the seams much like the former Yugoslavia.
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(+5) Environmental view: As a multi-racial society and global economic leader, America has necessarily evolved complex laws and regulations to cope with the huge size and complexity of the underlying society. All of this has been developed with the assistance of the best and the brightest legal scholars in the world. To the extent that steady growth and size means success, these changed characteristics of American law have been companions of successful growth and adaptation to a complex world. In addition, the general trend in American law and political rhetoric has been to take literally the saying in the Declaration of Independence that "All men are created equal." We need pervasive government and powerful, socially-conscious courts to cement this vision in all areas of American life. The ideas expressed in the opposing statement are really forms of obsolescent 19th century white racism and paternalism inappropriate for a globalized world. We have expanded our society well beyond the WASP population that comprised the overwhelming majority up until the 1840's by creating an intricate system of additional regulatory safeguards. Our affirmative action laws prevent whites from "turning back the clock" on "equality" so that America may be increasingly led by nonwhites. Laws that create special protected classes for minorities such as blacks and Jews teach us how to share and get along better. We need to err on the side of too much legal intervention to forestall any risk of racial or ethnically-motivated violence, bigotry, and prejudice. While the whole trend of "political correctness" and "hate crime" laws may seem obnoxious to staunch defenders of free speech, they are balanced by our need to firmly teach everyone how to get along and act more civilized.

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