Grounding Individual Rights in Logical Positivist Foundationalism

The above Article proves that Individual Rights can be Grounded

in Logical Positivist Foundationalism.

(C)Perpetual Copyright (2011) by Anthony J. Fejfar and Anthony J. Faber,

and Neothomism, P.C. (PA)

The Deinstitutilisation of Law

We can now say that, Duncan Kennedy and Critical Legal Studies, have, for quite some time now, led the charge in asserting that the legislature and the judicial system are engaging in hegemonic, corrupt, and even incompetent legal practices. Thus, given the current state of the judiciary with many judges being elected and serving as judges without having even been to law school, it is now the time to begin discussing the "Deinstitutionalisation of Law." Thus, there is now a movement to return to Sheriff's Law, also known as the Law of Logic, where ordinary persons, who have a background in logic, are able to attack the incompetent, corrupt prosecutor and judiciary, with the charge, under Sheriff's Law of Criminal Nuisance on the Assizes, and Treason on the Assizes. The days when a corrupt judge and prosecutor can simply throw a human being into prison, for life, without a trial are over. Up the Republic of America, Down with Tyranny.

The Legal Distinction between Erotica and Pornography

Generally, the First Amendment to the United States Constitution, as well as the Natural law, Natural Right of Liberty, protects Free Speech and Free Expression. At the same time, however, there is a traditoin that pornography can be regulated or even criminalized as a Public Nuisance affecting Morals, under the Police Powers. The question then arises as to whether the First Amendment and Natural Law protects nude photos of women models, such as those found in Playboy and Penthouse. Here, a distinction is made between Erotica, which is Constitutionally protected, and pornography, which is not. The Constitutional test in this area is whether a reasonable person, who is heterosexual, would find the pictures of nude women to be of "Socially redeeming value," or of "Artistic value." First, it is clear that the availability of photos of nude women such as those found in Playboy and Penthouse act to prevent the spread of illegal prostitution which spreads venereal disease and AIDS has socially redeeming value. Thus, photographs or pictures of nude women which are done in good taste, with artistic value, with beautiful women, are constitutionally protected as Erotica, while photos of ugly women, done in bad taste, such as those often found in Hustler, are banned as illegal pornography. Obviously, nude photos of small children or nudes with animals have no socially redeeming value, and are in poor taste, and thus are illegal pornography. The foregoing also meets the Canon Law standards which reasonably allows for nude sculpture, pictures, and photos which have socialy redeeming or artistic value.

The foregoing is a Legal Opinion given by Anthony J. Fejfar, B.A., J.D. Coif,
Member, United States Supreme Court Bar.

(C)Perpetual Copyright 2011 by Anthony J. Fejfar and Neothomism, P.C. (PA)