THE CASE AGAINST CASE LAW

THE CASE AGAINST CASE LAW

by Michael Peroutka

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 (Including my Alma Mater, The University of Baltimore).

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, Montesqieue 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.

Law students, who, of course, go on to become lawyers and judges and congressmen, are taught that the source of law is the mind of a judge, which is then changed by the opinion of another judge and then, well… you can tune in tomorrow to see what the law might be then…

An excellent article on this subject entitled “The Darwinization of American Law” is available at www.TheAmericanView.com.

 

You should read it, especially if you went to law school.

 

This is MAP for IOTC bringing you TAV.