Oedipus & the Self-fulfilling Prophecy. As usual, Freud was wrong!

Abstract

This article argues that the myth of Oedipus expresses and/or represents the Self-fulling Prophecy (exempli gratia, described by the Social Psychology). At the same time, this article states that the myth of Oedipus is not allegory and/or representation of the Freudian psychosexual development!!

The myth of Oedipus becomes an opportunity to show the kind of mis-interpretations made by psychoanalyses and psychoanalysts. The latter, in fact, tends: to create false beliefs; and, to attribute false meanings to “events”.

In accordance with a logical and epistemological reflection/analysis, psychoanalytic theories can gain only two states of truth. They can be: valid and/or invalid.

If they are invalid, they can not be applied anywhere.

If they are valid, they must be applied to psychoanalyses itself.

This, however, determines the invalidity of the psychoanalytic Paradigm, which would inevitably turn to implode on itself.

Exempli gratia, psychoanalytic theories turn out to be:
• on the one hand, the “fruit” of primary defensive processes (characterized by a state of confusion between the inside and the outside world, leading to a distorted view of reality, which is typical of psychosis) acted and/or done by the same creators and supporters of psychoanalyses. Examples of these primary defensive processes are: projection; primitive idealization; omnipotent control; etc …;
• on the other hand, the “fruit” of projective identification made by patients who, living a state of “psychic vulnerability”, identify themselves in those constructs due the high level of impressionableness / suggestibleness.

In other words, psychoanalytic theories would create ex post confirmation of themselves, creating “reality”, which would never have been if they had never existed!!

In conclusion, psychoanalytic constructs are new idols, which exist only for the faith that their “priests” place in them.

They are not idols of stone, but they are idols of void words and/or void interpretation. Idols that, however, require dogmas to survive. Dogmas that psychoanalysts have defended with the mis-use and abuse of psychiatry since the beginning of psychoanalyses with Freud.

At the end, they are only a “new form” of Superstition.

Rationale

Epis L. (2012/2015), in the book De Nova Superstitione, wrote about the “difficulties” that the Psychological Sciences have to comply with the criteria of the Scientific Paradigm.

The Psychological Sciences, in fact, are a set of disciplines: which have an heterogeneous epistemological status; and, which are characterized by a low logical-epistemological reflection and awareness (Epis L. 2012/2015). The latter takes different aspects and forms, due: how these disciplines are able to meet the criteria of the Scientific Paradigm; and, the type of biases, which characterize that particular disciplinary area.

If we consider these two criteria (that I wrote supra/above), Psychological Sciences can be divided into four main areas.

The first macro-area includes: Physiological Psychology; Cognitive Psychology; Experimental Psychology. Despite the limitations of its methodology and its own kind of biases, this area has “full citizenship” inside the Scientific Paradigm. Indeed, it is able to comply with: the experimental scientific method (pro tempore); the test of Validity (Logical Positivism); and, the principle of falsification (Popper).

The second macro-area is the Soft Psychology. This area is a “limbo” of ambiguity, confusion and uncertainty. The constructs are based on, and created with, a wide use of correlation. The latter, due the fact of the crud factor, makes these constructs be a mere social creation that, at the end, is based only on “political” choices, which have their reasons in matters of opportunity and/or interest.

Some of them are connected with the relationship that exists between Power and Knowledge. A relationship, which inside the Social Sciences, is stronger than everywhere else.

Indeed, inside this Limbo, opposite theories and constructs coexist. All of them are both never entirely refuted and never fully corroborated. So, the success and/or application of one of these theories instead of another one, depends only for “political choice” (with the widest extension of the term).

Not only. These constructs become glasses that are able to change the perception of Reality in the direction of those theories. Hence, they are able to create ex post a pseudo-corroboration, which is, nothing more and nothing less, a “conjuring trick” that is used to “deride” the gullible people.

The third macro-area is the psychopathology. This area has nothing to do with Science. Science, in fact, is a descriptive language. Science has the aim to describe the reality without telling what is “normal” and what is “abnormal”. On the contrary, psychopathology is a normative language, as well as Law and Moral Sciences. But, everything uses normative language is just a “political” manifestation and/or choice.

Every time someone approaches this discipline, indeed, he/she should remember that psychopathology is in permanent violation of Hume’s Law.

The fourth macro-area is constituted by psychoanalyses. The latter is not: either Science, as it does not use descriptive language; or Normative Discipline, as it does not use normative language.

Psychoanalyses is only a set of “confabulations” that are expressed with expressive language. Therefore, psychoanalyses has nothing to do with: truth and/or validity.

All its theories and constructs are only the “fruit” of the projections that are made by the psychoanalysts. These projections, then, are transformed by psychoanalysts, due the fact of their own delirium of omnipotence, in “universal” constructs and theories that pretend to explain the thoughts of others !!!!!!

In other words, psychoanalyses is the product of the primary processes and primary defences of the psychoanalysts. Psychoanalyses is the psychotic side of Psychology.

An evidence of this is given by the interpretation, which was made by Freud, of the Oedipus myth.

The myth of Oedipus and the Self-Fulfilling Prophecy

The physical laws rule the structure of the universe and everything happens inside it. The psycho-social laws rule the structure and dynamics of the groups of any kind and formation.

The “social beings” follow the psycho-social laws as the atoms and/or “celestial bodies” fallow the laws of physics.

The ancients people knew this Truth. They illustrated it with the language of myth.

One of these laws establishes that:
• Every society is based on an Order that is ruled by an Authority;
• every Social Order and every Authority are doomed to change over time;
• “the changement” is generated by the same actions, which the pro tempore Authority does for attempting to: preserve the status quo and its Power; prevent the “changement”; prevent the prophecy from becoming truth.

The Greek myths repeat this law countless times.

The Kingdom of Uranus is overturned by the Kingdom of Cronus. The Kingdom of Cronus is overflowed by the Kingdom of Zeus. Prometheus, then, prophesies that the Kingdom of Zeus will be overturned by a New Order.

Zeus himself will prepare his own adversary … … so Zeus will learn that one thing is to serve and another thing is to reign … … … … . By Zeus, I care less than nothing. He can rule this kingdom as he wishes. His reign is not long” (Aeschylus, Prometheus Bound).

This concept is illustrated for the macro-cosmos with the stories of gods. For the micro-social-cosmos, the same concept is illustrated with the legends of cultural heroes. Exempli gratia: Perseus and Oedipus.

Acrisius (king of Corinth) received a prophecy. He would be killed by his nephew. So, he tried to prevent the realization of the prophecy. But, this made the prophecy become truth.

In the myth of Oedipus, this concept is repeated twice. The first time, Laius (king of Thebes; Oedipus natural father) received the prophecy that his son would have killed him. To prevent the prophecy from becoming true, Laius made several actions. Subsequently, Oedipus received the prophecy that he would have killed his father (which he thought to be the king of Corinth). To prevent the prophecy from becoming true, Oedipus made several actions. Well, at the end, the sum of all those actions, which were made by Laius and Oedipus to prevent their prophecies from becoming true, made their prophecies become true.

In other words, the myth of Oedipus (far and far away … from representing the phallic stage of the psychosexual development of Freud) is, more than anyone else, the representation of the self-fulfilling prophecy, which is the king of all the psycho-social mechanisms and underlie the social structure and dynamics of every kind of groups.

The concept, which the Greek myth expresses, is the inability and impossibility of men and gods to fights and to rebel against Fate. Once, Fate decides the destiny of men and gods, nothing can prevent it.

On the contrary, everything is done to prevent the prophecy from becoming true will inevitably lead the prophecy at its realization.

This concept was repeated from the Greek myth to our days.

Tolkien, for example, makes Galadriel say about her mirror: “Remember that the Mirror shows many things, and not all have yet come to pass. Some never come to be, the unless those that behold the visions turn aside from their path to prevent them” (Tolkien, The Lord of the Rings).

Before him, William Shakespeare represents this concept in most of his works. Exempli gratia, Macbeth is a tragedy based entirely on self-fulfilling prophecy. The tragedy starts with a prophecy that three witches give to the protagonist. According to this prophecy, Macbeth will become king, but he will need to be careful to Macduff. So, it is only due the prophecy that Macbeth: kills the king to replace him; and, wipe out the family of Macduff. The latter fact caused the revenge of Macduff , which doomed Macbeth to die.

Also the children-literature illustrates this concept.

The saga of Harry Potter is an example. The whole saga, indeed, is based on a self-fulfilling prophecy. The prophecy was not made to the protagonist, but to the anti-hero: Voldemort. The latter, in attempting to prevent the prophecy from becoming true, makes the prophecy become true.

Kung Fu Panda is another example. The first movie starts with a vision that is received by Master Oogway. Master Oogway sees that Tai Lung escapes from the prison where he is detained. Shipo, to prevent the vision from becoming true, starts all the coincidences that will make the vision be true. A concept that was summed up by Master Oogway: “sometimes certain events are caused with the actions that are done to prevent them“.

The same protagonist of the story, the bumbling panda Po, who was not good at kung-fu more than everyone else, is a result of the self-fulfilling prophecy. He becomes the Legendary Dragon Warrior only due the fact that Master Oogway made this “prophecy”.

Plenty of movies, then, expresses with concept.

The Secret Kingdom is one of them.

The saga of Star Wars is another one.
Star Wars’ saga is entirely based on self-fulfilling prophecies.

The prophecies are visions that the protagonists are able to get through the Force.

Anakin becomes a Jedi in the first episode (The Phantom Menace) only due a prophecy. Padme dies in the third episode (The Revenge of Siths) only due a prophecy.

Anakin chooses to pass to the dark side of the Force (in the third episode) only due the actions that are done by his Jedi-Masters. The Jedi-Masters, indeed, attempt to prevent “their fears” from becoming true. So, “their fears” become a “new prophecy” about Anakin, a prophecy that takes the place of the previous one. At the end, the actions, which are done by the Jedi-Masters to prevent their fears from becoming true, make their fears become true.

In the six episode, Anakin (now, Lord Vader) kills the Emperor and the kingdom of the Siths (as the first prophecy told) only because the Emperor attempted to prevent: that prophecy from becoming true; and, the loss of his Power.

Etc … Etc … .

The Self-Fulfilling Prophecy

So, what is the self-fulfilling prophecy?

The self-fulfilling prophecy is the king of all psycho-social mechanisms. There are no psychosocial dynamics that do not express it.

The self-fulling prophecy rules: the role played by individuals within groups; the social identity formation.

It is a “belief” that makes itself be true, due the fact that it is believed.

In other words, there is a recursive dialogical relationship between a “belief” and its “realization“. One creates the other one and vice versa.

To give you a pictorial image, you can think to the painting of Escher: “drawing hands”.

This recursive dialogical relationship exists: both, at the level of “beliefs”; and, at the level of “actions”.

In other words, the events are created by the actions, which are made to prevent “those events” from becoming true. Instead of preventing the events from becoming true, those actions will evocate them.

This is an aspect of self-fulfilling prophecy.

Why?

The answer is simple. This is just an application of the Lex Naturalis. It is the third law of motion that is applyed to social life. If a body A acts with a force F on a body B, then the body B will act towards the body A with a force F of equal intensity and direction, but of opposite direction.

In Philosophy and History of Religions, this concept has been represented, exempli gratia, with the Tao / Dao.

On the contrary, inside the academic literature of Social Sciences, this construct was expressed in 1948 with Merton. According to the author: “… a prophecy … for the sole reason of having been pronounced, manufactures the alleged incident, expected or predicted, confirming thus its veracity“. Beliefs determinate Actions; Actions create ex post “confirmation” of initial Beliefs (even if they are false). There is no separation between the “dimension of the actions” and the “dimension of beliefs”. They are linked in a strong: bond; connection; union; … and/or, as I prefer to say, dialogical recursive relationship. So according to Merton: “The self-fulfilling prophecy is, in the beginning, a false definition of the situation evoking a new behavior which makes the original false conception come true. This specious validity of the self-fulfilling prophecy perpetuates a reign of error. For the prophet will cite the actual course of events as proof that he was right from the very beginning” (Merton R. K., 1948, The Self Fulfilling Prophecy, in Antioch Review, Vol. 8, No. 2, pp. 193 – 210).

Merton took his inspiration from the Thomas’ Theorem which states: “If men define certain situations as real, they are real in their consequences“.

In fact, Beliefs determine Attitudes. Attitudes produce Behaviors. Behaviors cause Responses (confirmation bias). Responses lead ex post “pseudo-corroboration” to the initial belief, creating an infinitevicious cycle“.

The self-fulfilling prophecy, therefore, is the “genetic sub-layer” of any phenomena of the Psychological and Social Sciences. Nothing happens, unless there is a self-fulling prophecy.

The Labeling Theory recognizes it inside the Social Sciences, since the Labeling Theory expresses, at the end, nothing more than the self-fulling prophecy.

Popper, on the contrary, recognized it inside the Philosophy of Sciences and/or Epistemology. According to Popper, self-fulling prophecy is the criterium (criterion) that is able to make a distinction between Social Sciences and Natural Sciences.

You will not believe Me, if I tell you that Popper called the self-fulling prophecy the Oedipus effect.

Exempli gratia, Popper wrote: “One of the ideas I had discussed in  The Poverty of Historicism was the influence of a prediction upon the event predicted. I had called this the “Oedipus effect“, because the oracle played a most important role in the sequence of events which led to the fulfilment of its prophecy. … For a time I thought that the existence of the Oedipus effect distinguished the social from the natural sciences. But in biology, too—even in molecular biology—expectations often play a role in bringing about what has been expected” (Popper, Unended Quest: An Intellectual Autobiography).

Why was Freud wrong?

The mistake of Freud is self-evident. The myth of Oedipus does not express any stage of the psychosexual development.

So, why does Freud see in the myth of Oedipus the most important representation of the phallic stage?

After the death of his father (1896), Freud (who was self-analyzing his dreams) came to the conclusion that: he wished sexually his mother; and he considered his father like a dangerous rival. This happened in the absence of real seduction episodes.

In other words, Freud was a victim of its primary processes and its primary defenses. He projected his retrospective interpretations (which he made self-analyzing his own dreams) in the outside world. So, he came to see them everywhere: in the stories of his patients; in Greek myths; etc … .

Once, his own (mis)interpretations were projected to the outside world, due his own delirium of omnipotence, Freud argued his theories were able to explain the “normal development” of all human beings!!

So, it is clear that psychoanalyses, at the end, is nothing more and nothing less that a set of psychotic delusions that are made by psychoanalysts.

Psychoanalytic theories say nothing about: the World; and, the Human Thought. They speak only about the psychiatric problems of the psychoanalysts who created them.

The deception of psychoanalyses

Psychoanalyses is only a Discursive Practice that is based on retrospective interpretations a là Weik, which are created with interpretative games.

These interpretations have nothing to do with truth and the knowledge of the Self.

The meanings are induced by: the same psychoanalytic theories, which become glasses that are able to deform the whole Reality; and, the same expectations of psychoanalysts, who push to create confirmation of their beliefs.

In other words, psychoanalyses becomes a sort of “brainwashing” that is done on people, who are in a “vulnerable psychic” state.

The patients internalize: theories; psychoanalytic models; expectations of their psychoanalysts; etc…. At the end, they play those internalized roles for projective identification.

In other words, psychoanalyses itself does nothing. It is a way to deride people. If something happens, it is only for the action of the psychosocial mechanism of self-fulling prophecy.

Unfortunately, the prophecies that are done by psychoanalyses do not lead to anything good. Like the witches of Macbeth, they push people into a Shakespearean tragedy.

Those people, who “save” themselves, are “characters” of a self-fulfilling prophecy that was made by “someone else”, who (surely) was not a psychoanalysts.

You can read also: Epis L., De Nova Supertstitione. Unfortunately, the book (at the present tense) is only published in Italian. Link to e-book: De Nova Superstitione – Saggio

Rule of Law, Ancien Regime & European Union

This Post is a brief presentation of Epis’ book:The Meaning of Rule of Law.

This book reports studies that the writer did at the University of Cambridge in 2005/2006.

Nevertheless, this Post is useful for an understanting of: “what” the Principium of Rule of Law is; and “why” I affirmed that the European Union acted sometimes in violation of the principium of Rule of Law, looking a “new form” of Ancien Regime.

Even though the writer believes that:
1) a corpus of legal values should be written inside each Constitution;
2) and Judges, Lawyers and People, have the duty to defend those values against the tendency of the Power to go beyond them; …
… the study affirms that:
1) on one hand, the principium of Rule of Law (and/or Supremacy of Law) does not include a corpus of legal principles (and/or values) inside itself, as somebody affirmed;
2) on the other hand, the principium of Supremacy of Law means a more important legal value: the SUPREMACY of LAW ABOVE the POWER.

It was a Revolution, when Power believed to be above the Law.

It happened, exempli gratia, in France during the Ancien Regime.

Sovereigns, Nobles and whoever had some kind of Power, believed to be above the Law. They were used to act above Law.

Viola P. (1994) gave an example of this. He reported an anecdote happened between the Duke of Orleans and the King of France. When the Duke of Orleans said to the King: “Majesty, but it is illegal!”, the king answered: “No, It is legal because I will”.

The principium of Supremacy of the Law had the aim to end these kinds of Legal Systems. It states that everyone is under the Law.

Sovereigns, Nobles, Bureaucrats, Banks and Financial Powers, are all under the Law.

In other words, they have to comply with the Law. If they do not, they are an Arbitrary Power.

The latter is a Power that: either, it is not given by a Law; or, it is used without following the right procedures, which bind the exercise of that power.

As Power tends to go beyond its limitations, there is Arbitrary Power also inside our modern Legal Systems.

The principium of Supremacy of Law, hence, is still frequently violated. It is proved by some recent events happened inside the European Union and Institutions.

For example, when the President of Euro-group decided to exclude Greece, Varoufakis told him to be illegal (as the Duke of Orleans told to the King of France during the Ancien Regime). So, Varoufakis asked for a legal advice.

The lawyers and bureaucrats of the European Union answered him that the President of Euro-group could act as he/she wants! This is as the Euro-group does not exist for the Law!!

Hence, they argued: the Euro-group is above the Law!!!!!

In other words, the European Union answered like the King of France during the Ancien Regime.

But, if the Euro-group does not exist, the Euro-group is not above the Law.

Actually, all the Powers, Decisions and Acts, of the Euro-group are illegal, unlawful, illegitimate. This is told by the principium of Supremacy of Law.

On the contrary, the European Union is a New Ancien Regime. Nothing more! Nothing less!

So, how is it possible that the principium of Supremacy of Law is still violated, nowadays?

This is as the principium of Supremacy of Law was reduced by Power to be a simulacre a là Bauderillard (1981).

Power makes people forget its true meaning. It was done with a very easy game. A new set of meanings were put inside Supremacy of Law. All of them were pleasant, agreeable and fashionable, principles. But, they were also void principles as much as they were pleasant. At the end, people have forgotten the real meaning of Supremacy of Law.

Power started again to act above the Law a là Ancien Regime!!

Epis L., The Meaning of Rule of Law. Link to the e-book: The Meaning of Rule of Law – Book

NIETZSCHE ON RULE OF LAW AND DEMOCRACY – PART I (Introduction; Nietzsche’s Nihilism & Empiricism)

BLOGGER’S COMUNICATION:

Nietzsche on Rule of Law and Democracy è stato pubblicato in forma integrale.  Il Saggio in PDF con l’Indice, la Bibliografia, le note a piè di pagina, etc …, lo potete trovare nella pagina DIRITTO & CRIMINOLOGIA.

ENGLISH

Nietzsche on Rule of Law and Democracy have been published.

The Book in PDF with IndexBibliography, etc … is available in the page LAW & CRIMINOLOGY.

ABSTRACT

Although this study presents and elaborates the philosophy of Nietzsche about Rule of Law and Democracy, it is an analysis of the Simmonds’ Legal Theory. Simmonds was Reader of Jurisprudence at the University of Cambridge in 2005/2006. Right at that time, he developed and published an article, Law as a Moral Archetype, where he presented (for the first time) “his” Legal Theory. This study reports one the first criticisms, which were done, about “his” Legal Theory as it was published and lectured at that time.

It is argued that Simmonds’ Legal Theory is not original at all. Simmonds took previous ideas of other philosophers (such as: Plato; Saint Augustine; Ockham; and the Italian Ardigò) to elaborate a “different theory” from Finnis’ Legal Theory, which (on the contrary) took a lot from Saint Aquinas. But, Simmonds did not archive a good result, as he “corrupted” the former philosophical ideas to something that (at the end): sounded “weird” and “discriminatory”; leaded to totalitarian and intolerant views.

Furthermore, this study presents the Epis’ Legal Theory (as it was formulated at that time): Law as a Social Prototype.

 

INTRODUCTION

Truth, Nihilism and the “empiricism” of Nietzsche

According to Vattimo G. (1974; 1986; 1988; 1992), Nietzsche prepared the groundwork for the Post-Modernism. This is supported by the strong relationship between the Nietzsche’s Nihilism and the Post-Modernism’s view. Indeed, Nietzsche was “the prime theorist of nihilism in modernity … (and) … also one of the prime precursors of postmodern theory in the philosophical tradition. This means, then, that Nietzsche’s thought contains large elements of what—in retrospect—may be called “postmodern”. It also suggests that to a certain extent his theory of modernity may in fact be prophetic of postmodernity” (Woodward A. 2002).

Even if I disagree with Vattimo G. (1986; 1988; 1992) and Woodward A. (2002), this study starts analysing Nietzsche’s Nihilism.

Nietzsche’s Nihilism is the logical answer at any attempt (made by Humanity) to investigate the foundation of Truth, Values and Life’s meaning, inside metaphysical realms inhabited by Gods and Idols, instead of the physical and empirical one. Nietzsche explained this, using the paradigm of Christian Morality.

But, Nietzsche’s philosophy is not a Discourse pro or contra either metaphysics or physics in themselves. Nietzsche’s philosophy does not want analysing the different theories of knowledge for supporting one of them, instead of another one. Simply, Nietzsche wanted to put the individual at the centre of his philosophy. He wanted to suggest a change of prospective. According to Nietzsche, the singular individuals are the source of their own Truth, their own Values and their own Life-meaning.

Indeed, all the time human beings attempt to look for an answer outside them(selves), they fall into nihilism. There is NOT any empirical reality outside the individual experience. The empiricism of Nietzsche is not Materialism and/or Reductionism (against any metaphysical reality in itself). It is not also scientism. But, the empiricism of Nietzsche is an individual empiricism for the reasons that are clarified infra (below).

  

The only EMPIRICAL REALITY is the INDIVIDUAL EXPERIENCE

After Nihilism proved that: no absolute Truth exists; all the different points of view have the same epistemic value and dignity; no Certainty is real; etc …; … individuals found themselves in front of a choice. On one hand, they could choose to believe in, and to live for, their own Truth (that comes from their own living experiences). On the other hand, they can choose to “believe” in, and to serve, the point of view of someone else.

Knowledge and Power

Nietzsche would have agreed with Foucault that Power and Knowledge are the two faces of the same coin. The society, indeed, is nothing more than a relationship of power among people. People are divided in two main groups: Masters and Slaves. The form (which those two groups and their bond take) changes: from Time to Time; from Culture to Culture; from Legal System to Legal System. But, at the end, the substance is always the same. Few persons lead; the majority follows.

Knowledge, Ethics and Education, are functional means for this kind of hierarchical structure. As Power cannot employ brutal physical force to make people serve its own interests in the modern societies, the role of creeds, beliefs and propaganda, is dramatically increased.

Indeed, beliefs have become the new form of “slavery’s chains”. They are used by Power to make people serve its own interests. But, beliefs have nothing to do with Truth. Simply, to believe is to have faith in something like a dogma. Persons do not have any knowledge about their beliefs, but they are certain of something as someone else told it!!!! In other words, people accept as true, rely on, anything that is stated and supported by Authority, Social Pressure and Groupthink. These forces make people live and believe in a Hyper-Reality (which they build for their own aims), but Hyper-Reality is NOT Reality. Hyper-Realty is a Realm of illusions and lies. People have faith in those beliefs (and act in compliance of them) as a sheep follows the flock!!!!. But faith, … it does not matter in / for What (Religion; Science; State; etc…) is always been one of the worst mean to archive Knowledge. This is Nietzsche’s message.

Nowadays, the framework of Weick’s studies about sensemaking and enactment could be operatively used to explain as Power uses and misuses beliefs to pursue its own aims. They should not be limited for approaching only the working contexts inside the Companies. Actually, they are very useful for analyzing the general social dynamics.

From Knowledge to Nihilism

As knowledge has served and has been serving Power and its interests, any investigation on beliefs’ foundations turns to be untrue.

Gods and Idols are used to found most beliefs as they cannot be founded anywhere else. Moreover, God was (in a retrospective way) the first Global Panopticon!! As Power could not control people 24 hours per day, Power makes people believe that God can. So, people complied with Power’s Will, fearing the punishment of God. In other words, God was employed by Power like a Panopticon’s gaoler!!!! God’s job was: to watch everyone 24 hours per day; to punish those people who disobey or infringe Authority’s norms. But, a God reduced to be a Panopticon’s gaoler is not anymore God. Can you believe in an omnipotent Being, who created the entire universe to make all His Creation be a Panopticon? Can you believe in a God who reduced Himself to be a Panopticon’s Gaoler and/or a Prison Director?!?!?!?

No, it is not believable.

 “I conjure you, my brethren, remain true to the earth and believe not those who speak onto you of hopes beyond the compass of the earth! Poisoners are they, whether they know it or not”

Nietzsche, Thus Spake Zarathustra, Prologue, III.

Why are Gods and Idols used to found Truth and Values?

Surely has God been a good mean of Social Control.

Yet, God has been and is a way to exit from the Agrippa’s trilemma (also called: Munchhausen trilemma).

The Agrippa’s trilemma is an Epistemological Argument that goes back to Ancient Greek Skepticism. In the modern time, Hans Albert has re-formulated it. According to Albert, the Munchhausen trilemma is able to prove the impossibility to found and to justify any truth and/or value with any existing method (deductive; inductive; causal; transcendental; logical; etc …). The trilemma proves the impossibility to found any truth. Any attempt, indeed, falls into one of these three cases:

  1. regressive argument ad infinitum or progress ad infinitum. Each proof requires a further proof ad infinitum. This argumentum: both, is not practicable; and, does not provide any certain foundation;
  2. vicious circle and/or circular argument (known in scholasticism as diallelus). The belief is based on circularity (a logical circle in the deduction). At a certain stage of the chain of arguments, a proof needs for its own foundation a previous “proof”, which needs for its own foundation the subsequent proof!! In other words, the latter is based on the former; the former on the latter. Exempli gratia, A is based on B, B is based on C, C is based on D. But, D is based on A. This is a circle. It does not lead to: both, any certain foundation; and, any final proof;
  3.  break of searching. At a certain point, people get tired to look for proofs and evidences of their beliefs. So, they end their researches at some stages. They create an assumption. An assumption is nothing more than a hypothesis that is not proved. Yet, they pretend those assumptions to be self–evident (axiomatic argument)!! But, this is nothing more than cheating.  According to Albert, even if an axiomatic argument can appear “reasonable” to lay people, it is nothing more than a random suspension of the principle of sufficient reason. It does not lead to any certain proof. It leads only to: both, Dogmas; and, ipse dixit!

So, at the end, Truth and Values cannot be found with any method. Thus, God was employed like “break of searching”. God was able to link together: the axiomatic argument with the Authority argument.

But, God was not the source of the beliefs that were founded on Him!

As we told supra (above), those truths and values were “all too human things”.

Where you see ideal thing, I see – human, alas all too human things

Friedrich W. Nietzsche, Human All Too Human

Nietzsche used the Catholic religion like paradigm. Christian beliefs, indeed, have changed continually from Time to Time to serve the Power’s interests. Those changes were not a change of mind of God, but they were a change in the historical interests of the pro tempore Power.

According to Weick’s framework, Power uses beliefs to make people work in compliance with its aims. The beliefs have been used and have been in the progress of being used by Power like human software. To make a computer do something, you need software. In the same way, to make people do something, you need to make them believe something.

The paradigm of God works also for idols.

Science, Psychology, Technology, Economics, Finance, Political Ideologies, etc…, could be idols. They are idols each time they demand faith. They are idols each time people have faith in them. They are idols each time they ask for homologation.

There is no difference in having faith in them and/or in God. There is no difference for people to homologate themselves in God’s Will and/or in Psychological / economical / political / etc … / constructs. All of them are human creations.

The social mechanisms behind faith and homologation are the same. Both of them, soon or later, lead to intolerance, discrimination, fanaticism, violence, and all the worst actions that Humanity has done in the History.

As Dominican monks were able to commit the most ferocious atrocities “in the name of” God, due the same blind faith (nowadays) scientists, psychologists, statesmen, financiers, …, can commit any kind of atrocity “in the name of” their new Idols. Instead of a Theocratic Tyranny (with its Holly Inquisition), these idols will found a Technocratic Tyranny (with its Profane Inquisition[1]). But, both of them are the same. Both of them demand homologation, faith, submission to the Power’s will. Sciences, indeed, is just a Power’s matter. The same beliefs and truths, which are part of the Scientific Paradigm, are consequences of the relationships of power among the members of that Scientific Community (Lyotard). Changes in the relationships of power become changes in the beliefs and in what is assumed to be true in that Paradigm, …, and vice versa. Power and Knowledge are the same, as we told supra (above).

Into Nihilism. The Choice: are You a Master or a Slave?

As Truth cannot be reached by any Science, any Religion, any Discipline, and any Methodology; …

As Truth and Justice, at the end, are nothing more than the interest of the most Powerful a là Trasimacus; …

As Power is, in its very Nature, the force to impose one point of view onto any others; …

… People find themselves into Nihilism.

So, the question is: is it possible to survive into Nihilism?

According to Nietzsche, it is.

Nihilism states only that it is not possible to found any Truth and/or Value in the external World. Each person should become the source of his/her own Truth and Values. Some people are able; other people are not. The latter prefer to follow the truth and values of other people instead of theirs own.

In other words, Nihilism marks the boundary between Masters and Slaves. Masters are those people who are able to trust themselves and to determinate their own Truth and Values.

On the contrary, slaves need to “trust” and to “serve” the point of view of someone else.

So, Nihilism puts the human beings in front of a choice.

Nihilism asks: “Are you a Master or a Slave?”

The answer depends from the individual ability to stand alone into Nihilism or not.

A Master is able to: stand-alone into Nihilism; go against the flow; be different from the flock; be creator of his own universe, truth, values, and life-meaning.

A Slave is not able. He/she prefers acting like a sheep and/or lemming. He/she needs: to follow uncritically the flock; to homologate and to uniform him/herself to the group to feel “normal”; to believe that who acts differently from the group is crazy. Psychopathology is the creed of the slaves. Psychopathology is a creation of the slaves’ thought. They demand norms and models. They need to homologate themselves to those norms and models. To be a flock of sheep, they need to be uniformed to those norms and models. Thus, they cannot tolerate anything that is different from their norms and models. Everything is different, indeed, must: either, be eliminated; or, be forced to conform to their norms and models. Everything is different from them, it is a threat and menace to: the flock; the Only-Allowed-Thought. As they think themselves normal, sane, right, …, everything is different must be abnormal, insane, crazy. As it/he/she is insane, they feel themselves to be justified, to force it/he/she to homologate to the flock. So, psychopathology has become the New Profane Inquisition. Psychopathology has become the justification and the instrument to make people: uniform to the flock; be uncritical servants of the Power and its Only-Allowed-Thought. Psychopathology has become a “mean” to create a new form of slavery. To be “normal” is to comply with, to believe in, the Only-Allowed-Thought.    

So, which will your answer be, when you find yourself in front of Nihilism?

 

From Nihilism to Individual Empiricism: the implosion of the dichotomy between Nietzsche’s Philosophy and Christian Religion!!   

Once human beings find themselves alone into Nihilism, they can only make one of the two above choices.

People, who are overwhelmed by fear, will look for a shelter into the point of view of someone else. They will not be able to live without absolute certainties; so, they will ask for someone, who is able to give them dogmas. They will look for an Only-Allowed-Thought at which uniform themselves. On the contrary, individuals, who are able to stand alone into Nihilism, will find a new beginning. Paradoxically, although Nietzsche’s speech seemed to be against the Christian God, they discover themselves “God’s sons”!!!!

According to the Bible, God made human beings look like Him. God was the Creator. He was the first being able to stand alone into Nihilism. Hence, his sons should be creators; his sons should be able to stand alone into Nihilism; … as He did at the beginning of the Time.

The superman of Nietzsche is this. According to Thus Spake Zarathustra, he is able to transmute himself into a Child (after having been a camel and a lion).  The Child is the final step of his evolution. The Child is a creator. The Child is able to stand alone into Nihilism without fearing it.

But, whereas God was the creator of the entire Universe, the child is the creator of his own universe.

God was not a lemming. Could His Sons be lemmings?

God was not a sheep. Could His sons be uncritically followers of the flock?!?!

Thus, I disagree:

  1. both, with Woodward A. (2002), who describes Nietzsche like a nihilist who simply attempts to destroy any value to lead to a complete nihilism;
  2. and, with Vattimo (1998), who thinks that it is not possible to go over Nihilism (exempli gratia, searching a new foundation for Truth and Values), but it is possible only to change our attitude to it. In other words, Vattimo suggests accepting to live in a meaningless World.

Nietzsche does not abandon the idea of Truth. He suggests to change prospective.

The sense of truth. – I approve of any form of scepticism to which I can replay, “Let’s try it!” But I want to hear nothing more about all the things and questions that don’t admit of experiment. This is the limit of my “sense of truth”; for there, courage has lost its right” (Gay Science, 51).

 

From Man to Super-Man

The individuals, who are able to pass through the three stages (camel; lion; Child), arrive to transmute themselves from men to super-men.

This means two things. On one hand, people discover themselves sons of God. On the other hand, society cannot long to be a flock of sheep.

Society has also to transmute itself from a flock of sheep to group of free Individuals, who are able to co-exist and to collaborate in their own (very strong) differences.

Only this kind of society will be a true Democracy.

Indeed, no democracy (at all) can exist among flocks of sheep as homologation is the worst kind of Tyranny.

It does not matter the form and/or the name that has been taken by tyranny. It does not matter the reason “in the name of” which, Homologation is demanded.

Without a doubt, flocks of sheep are always dominated by a Totalitarian Regime as they demand homologation. The only difference among these Regimes is about: the degree of how tyranny is overt or covert; and, the concrete historical / cultural form that has been taken by the Regime itself.

As we are going to explain in Part III, Democracy can exist only, and only if, there are free Individuals, who are not homologated among them.  

 

[1] Psychopathology is: a new Malleolus Maleficarum (Epis, 2011/2015); the form that has been taken and has been in the progress of being taken by the Profane Inquisition. Indeed, it is used to “attack” whoever acts and/or believes differently from the flock. It is used to commit and to justify any modern atrocity “in the name of”: Homologation; and, Only-Allowed-Thought. Most of the times, it is used to (even) create the behaviours and situations that are used to justify (later) its use / intervention. It is an instrument able to trick the Legal System (with all its Rights and Liberties).

Rule of Law and English Legal System (PART I: Abstract; Introduction; Rule of Law like Universal Principle)

Blogger’s Communication:

Rule of Law and English Legal System has been published like book in PDF with Index, Bibliography, etc … . I strongly recommend reading it: both, in PDF; and, in its whole unity. You will be able to find it in the Blog’s Page: Law & Criminology (Diritto & Criminologia).

ABSTRACT

Although few changes and additions have been done, this writing reports studies made in 2005/2006.

Even though the writer believes that:

1)       a corpus of legal values should be written inside each Constitution;

2)       and Judges, Lawyers and People, have the duty to defend those values against the tendency of Power to go beyond them; …

… the study affirms that the principium of Rule of Law (and/or Supremacy of Law) does not include a corpus of legal principles (and/or values) inside itself, as somebody affirmed.

The principium of Supremacy of Law means “only”: the SUPREMACY of LAW ABOVE the POWER.

It was a Revolution, when Power believed to be above the Law. It happened, exempli gratia, in France during the Ancient Regime. Sovereigns, Nobles and whoever had some kind of Power, believed to be above the Law. They were used to act above Law. Viola P. (1994) gave an example of this. He reported an anecdote happened between the Duke of Orleans and the King of France. When the Duke of Orleans said to the King: “Majesty, but it is illegal!”, the king answered: “No, It is legal because I will”.

The principium of Supremacy of the Law had the aim to end these kinds of Legal Systems. It states that everyone is under the Law. Sovereigns, Nobles, Bureaucrats, Banks and Financial Powers, are all under the Law. In other words, they have to comply with the Law. If they do not, they are an Arbitrary Power. The latter is a Power that: either, it is not given by a Law; or, it is used without following the right procedures, which bind the exercise of that power. As Power tends to go beyond its limitations, there is Arbitrary Power also inside our modern Legal Systems. The principium of Supremacy of Law, hence, is still frequently violated. It is proved by some recent events happened inside the European Union and Institutions. For example, when the President of Euro-group decided to exclude Greece, Varoufakis told him to be illegal (as the Duke of Orleans told to the King of France during the Ancient Regime). So, Varoufakis asked for a legal advice. The lawyers and bureaucrats of the European Union answered him that the President of Euro-group could act as he/she wants. This is as the Euro-group does not exist for the Law!! Hence, they argued: the Euro-group is above the Law!!!!! In other words, the European Union answered like the King of France during the Ancient Regime. But, if the Euro-group does not exist, the Euro-group is not above the Law. Actually, all the Powers, Decisions and Acts, of the Euro-group are illegal, unlawful, illegitimate. This is told by the principium of Supremacy of Law. On the contrary, the European Union is a New Ancient Regime. Nothing more! Nothing less!

So, how is it possible that the principium of Supremacy of Law is still violated, nowadays?

This is as the principium of Supremacy of Law was reduced by Power to be a simulacre a là Bauderillard (1981).  Power makes people forget its true meaning. It was done with a very easy game. A new set of meanings were put inside Supremacy of Law. All of them were pleasant, agreeable and fashionable, principles. But, they were also void principles as much as they were pleasant. At the end, people have forgotten the real meaning of Supremacy of Law. Power started again to act above the Law a là Ancient Regime!!

Warning: the style is sometimes ironical, satirical, metaphorical. Nevertheless, contents and facts are real, rigorous, scientific and academic.

INTRODUCTION

Rule of Law’s True Meaning

The principle of Rule of Law is also called Supremacy of the Law. Rule of Law is a principle of Formal Validity. It states that Law is above the Power. In other words, it is the basic principle of any modern Legal System, after the French Ancient Regime!

The Supremacy of Law affirms that Kings (Presidents; Governments; Constitutional Bodies; Judges; Courts; Authorities; Committees; Groups; Bureaucrats; Financial Powers; Banks; etc…) are under the Law. Their actions and decisions are legitimate only, and only if: both, the Law gives them that kind of power; and, they use that power following the right procedures.

Otherwise, Power is unlawful, illicit and illegitimate.

Their commands should not be in force.

In this latter case, people are NOT bind by Power’s decisions. People have the RIGHT to resist and to fight against those illegalities, illegitimacies and unlawfulness. 

Unfortunately, Power does NOT like to be bound. As a result, the principium of Supremacy of Law was reduced to be a simulacre a là Bauderillard (1981).

First of all, Supremacy of Law was called with a “less evocative” name: Rule of Law.

Then, Rule of Law was defined with new pleasant and agreeable principles. At the question: “what is the Rule of Law?”, lawyers started to give any possible answer. So, the clear, basic and simple, principium of Supremacy of Law became a void and nebulous concept.

At the end, People and lawyers started to forget its real meaning.

Meanwhile, Power started again to act above the Law.

For instance, the writer will give some examples that happened at the University of Cambridge. They are very useful to understand what it is happening nowadays. What people learn in the Universities, people do in the World!! Although the writer decided to speak about it with a satirical and ironical style, the facts are true.

Rule of Law like Simulacre

As we told supra[1], the principle of Rule of Law is the principium of Supremacy of Law above the Power. This is its very Nature. This is its DEEP REALITY.

However, images, in the flow of the time, tend to lose their meanings. Step by step, they become void concepts that: either, mask their deep realities; or, lose any relation with them.

According to Bauderillard J. (1981), they become Simulacres. Once they are Simulacres, they are void concepts that can be filled with any arbitrary meaning, which Power[2] wants. In this way, Justice is reduced to be nothing more than “the interest of the most Powerful onea là Trasimacus.

They are a “mobile army of metaphors” ready to prostituting itself to any pro tempore Power. As History and Social Sciences teach, the Winners and the Establishment (Lyotard, 1983) decide what it is true and false. This is as Power and Knowledge are the “two faces of the same coin” (Foucault). Changes into Power’s relations become changes into Paradigm’s beliefs. Changes into Paradigm’s beliefs become changes into Power’s relations.

Thus, we should keep in mind this basic truth, when we study any Social Sciences’ constructs. Actually, it does not matter if they are about: Law; Psychology; Economy; Finance; etc… .

Law and Sensemaking

As the principium of Supremacy of Law was reduced to be a simulacre, Power can use it like a Horse of Troy to put in and put out from the Legal System whatever it wants.

This makes Law be applied in a very discriminative way. Law will have different meanings for different people.  For the majority of people, Law will be an instrument of “slavery” in Power’s hands. For a small elitist group, Law will be always a Declaration of Rights in defense of their own liberties and interests.

English Legal History, behind what propaganda says, it is not an exception. Whereas at Bentham’s time, the common law was used to defend the privilege of aristocracy above common people; nowadays, Law is used to defends the interests of financial powers above Peoples and Nations.

Thus, the writings of Bentham should be still considered a current issue.

According to the Bentham, English tradition is committed to “save the appearance” with a lot of rites and false beliefs. Lawyers’ writings, instead of reviling those trickeries, mask them[3].

Whereas English Lawyers / Judges claim to apply simply “neutral” Law (Universal Principles; Acts of the Parliament; etc…), they make always arbitrary (discretional and political) choices. They use their power to defend the privilege of the Establishment against common people.

The American Realism clarified that Judges do NOT apply neutrally the Law. Judges create and change the Law in each case. They do (always) political choices. Also Perelman demonstrated this. He gave some good historical examples of how, the same Law got very different interpretations and applications. The latters followed the pro tempore political ideas. This is possible for different reasons. But, an army of Troy’s Horses makes it far much easier.

The allegories of the Classical Literature are still very useful for understanding the present time. A Horse of Troy does not need to be necessary physical!! It could be everything, even a theoretical concept.

Thanks to them, the Establishment can use Law (as well as: Psychology; Economics; etc…) to lead people: both, to do; and, to believe; … what they want. Weick’s studies about sensemaking and enactment are very useful for understanding these dynamics. They should not be limited for approaching the working contexts inside the Companies.

All in all

There are two wrong views. The first one, nothing can be known (Post-modernism). The second one, everything is true. Both of them reduce Truth and Justice to be whatever Power wants. They allow Power to control people with sensemaking. But, sensemaking has nothing to do with Truth and/or Justice. Sensemaking is just Power’s manifestation.

This is what it is happening inside the Social Sciences (Legal System; Psychological constructs; Finance; etc…).

As Nietzsche wrote: “This world is the will to power — and nothing besides! And you yourselves are also this will to power — and nothing besides!” (Nietzsche, Will to Power).

RULE OF LAW

Rule of Law “is an ambiguous expression” that can have different meanings for different writers (Hood Phillips O. and Jackson P., 1987).

Hence, a clarification of the concept (advised by analytical jurisprudence and philosophy) is indispensable, at the present tense.

In absence, we could just enhance entropy. Everyone will speak about different things, using same words.

At the present time, there is no agreement among lawyers about the nature of Rule of Law. Lawyers, Judges and Academics, defined Rule of Law differently. Moreover, Rule of Law presents different conceptualizations: both, among the legal Traditions and Systems; and, inside the each legal Tradition and System (such as: English Common Law; Canadian Legal System[4]; etc…).

For instance, according to American constitutionalism: “the rule of law promises predictability in social life by placing constitutional limits on the kinds of power that governments may legitimately exercise, as well as on the extent of those governmental powers” (Shapiro I., 1994). Otherwise, this cannot be true for Countries such as: Australia. Australian Constitution simply regulates the exercise of the sovereignty. It does not state any legal principle and/or value able to lead and to bind the Power. Hence, Rule of Law is a mere principle of formal validity (like Hart’s rules of recognition) for those Nations with an “amoral constitution”. Everything is valid, if the Power acted under the Law.

American conceptualization of Rule of Law has its foundation in a written constitution. This is ontologically constituted by two corpora (parts). The first corpus gathers the regulations about the exercise of sovereignty (exempli gratia, the relation among the Constitutional Bodies). The second corpus gathers a set of political and legal principles that bind the actions of Sovereignty. This latter was the hard core of the Social Contract. So, if the Sovereignty acts against those values, each Judge can refuse to apply those Acts and/or commands.

Law rules Nations only, and only if, each person (it does not matter his/her social strata) can “win” the Sovereignty each time the Sovereignty acts above the Law. But, this must happen in a substantial way. It is not enough that it exists only theoretically speaking.

Rule of Law has also another aim: to prevent any kind of despotism, also that one of the pro tempore Majority above the Minorities. But, this could happen only, and only if, Nations are ruled by constitutional principles (Schwartz B. 1955).

Allan (1993) considered this point inside English Discourse. He recognized that “… the problem lies (in) the difficulty of articulating a coherent doctrine which resists a purely formal conception of legality – according to which even brutal decrees of a dictator, if formally “valid”, meet the requirements of the rule of law – without instead propounding a complete political and social philosophy”. Allan (1993) confirmed that Rule of Law, inside English constitutionalism, looked like a secondary rule of Hart, as: “rule of law is able to distinguish between commands of a legitimate government from those of anyone else”.

Allan (1993) stated that it is “very doubtful whether it is possible to formulate a theory of rule of law of universal validity”.

On the contrary, the present writer affirms that it is possible. It is enough to exit from the Babel Tower. It is enough to go back to the original and real meaning of Rule of Law: Supremacy of Law above the Power.

Nevertheless, Allan (1993) affirmed that Rule of Law is a living part of the English Constitution. It is able: both, to bear some legal moral values and principles; and, to bind the sovereignty of the parliament. But, Allan is hugely wrong. According to English Constitutionalism, Westminster Parliament has no limit (Barendt,1998). In other words, “there is no legal limit to what the “Queen – in – Parliament” can enact in a statute” (Wilson, 1979).

This is historically well proved.

Rule of Law like Universal Principle of any Legal System

The present writer disagrees with Allan. He believes that it is possible to formulate a theory of Rule of Law of Universal Validity. It is enough to remember its original and deep meaning. Rule of Law is the principium of Supremacy of Law. This principium states the SUPREMACY of LAW ABOVE the POWER.

It was a Revolution when Power believed to be above Law. It happened, exempli gratia, in France during the Ancient Regime. Sovereigns, Nobles and whoever had some kind of Power, believed to be above Law. They were used to act above Law. Viola P. (1994) gave an example of this. He reported an anecdote happened between the Duke of Orleans and the King of France. When the Duke of Orleans said to the King: “Majesty, but it is illegal!”, the king answered: “No, It is legal because I will”.

The principium of Supremacy of the Law had the aim to end these kinds of Legal Systems. It states that everyone is under the Law. Sovereigns, Nobles, Judges, Courts, Bureaucrats, Officers, Banks and Financial Powers, are all under the Law. In other word, they have to comply with the Law. If they do not, they are an Arbitrary Power. The latter is a Power that: either, it is not given by a Law; or, it is used without following the right procedures, which bind the exercise of that power. As Power tends to go beyond its limitations, there is Arbitrary Power also inside our modern Legal Systems. The principium of Supremacy of Law, hence, is still frequently violated. It is proved by some recent events happened inside the European Union and Institutions. For example, when the President of Euro-group decided to exclude Greece, Varoufakis told him to be illegal (as the Duke of Orleans told to the King of France during the Ancient Regime). So, Varoufakis asked for a legal advice. The lawyers and bureaucrats of the European Union answered him that the President of Euro-group could act as he/she wants. This is as the Euro-group does not exist for the Law!! Hence, they argued the Euro-group is above the Law!!!!! In other words, the European Union answered like the King of France during the Ancient Regime. But, if the Euro-group does not exist, it does not mean that it is above the Law!! Actually, it means that all the Powers, Decisions and Acts, of the Euro-group are illegal, unlawful, illegitimate. This is told by the principium of Supremacy of Law. On the contrary, the European Union is a New Ancient Regime. Nothing more! Nothing less!

So, how is it possible that the principium of Supremacy of Law is still violated, nowadays?

This is as the principium of Supremacy of Law was reduced by Power to be a simulacre a là Bauderillard (1981).  Power makes people forget its true meaning. It was done with a very easy game. A new set of meanings were put inside Supremacy of Law. All of them were pleasant, agreeable and fashionable, principles. But, they were also void principles as much as they were pleasant. At the end, we have arrived to the present time. Lawyers are lost inside nebulous concepts. Power has started again to act a là Ancient Regime.

English constitutionalism is used like example for understanding how it has happened.

[1] Supra means above in Latin.

[2] Power is used a là Foucault.

[3] Exempli gratia, Bentham wrote this about Blackstone’s books (one of his “masters”).

[4] Exempli gratia, Rule of Law has received three different approaches in Canadian Constitutionalism: rule of law like impartial administration of rule; rule of law like procedural fairness; rule of law like substantive justice (Conklin W. E. 1989).

Rule of Law and English Legal System (APPENDIX: A Student’s Complaint. How the University of Cambridge deals with Students’ Complaints. An Ordinary Case)

APPENDIX

If someone wants to take a real sample, of how a Legal System works; one has to go in a place, where the MOST CLEVEREST Lawyers and Criminologists are.

I went to the University of Cambridge. There, I took my sample.

At that time, the University of Cambridge was second in the World Rank. The Institute of Criminology (which is part of the Faculty of Law) was at the first place in the World Rank like Discipline.

Hence, it was a very good sample of Lawyers and Psychologists.

The FACTS are REAL, even if: they are written with satirical and ironical style; and, names are avoided.

Although the Lawyers were unable to defend and to guarantee Legality (Fairness and Individual Rights), the worst things have been done by Criminologists.

University of Cambridge and Law’s Mystification   

We are Girton, Super Girton, No one likes us but we do not care

Girton College’s song.

PROLOGUE

Up on the time …

… there was a wonderful, gorgeous and nice, Graduate Student, who went to the University of Cambridge for studying Criminology.

He wanted to learn to defend Liberty and Freedom against wicked felons. He believed, strongly and firmly, to meet the Most Honest, Brave and Upright, Peoples there, but … a capricious and unpredictable Fate wanted to show Him something else!

At that time, Fate was walking in Elysium. While Luis Velez de Guevara and Alain-Renè Lesage were arguing about a book, He met them. Fate thought to be unusual, inside that Place of Peace and Harmony, so Much Ado for Nothing! Therefore, he moved forward them. After they explained Him, the most important reasons of their right disagreement, Fate decided to read: both, the Luis Velez de Guevara’s book (El Diablo Cojuelo)[1]; and, Alain-Renè Lesage’s book (Le Diable Boiteaux)[2].

Fate found both of them so enjoyable that, after having learnt about hypocrisy, falseness and insincerity, of Spanish and French peoples, … he asked to the writers: “why don’t we give a look at English elite’s hypocrisy?”.

Both the writers, … for some forgotten historical reasons …, were so pleased and delighted at the idea, who prayed and implored Fate to make this happen!

Hence, they chose like sample, the best English Elitist University, the University of Cambridge. But, they had a disagreement about the protagonist. Luis wanted a Spanish one; Alain-Renè a French one.  Therefore, Fate decided to call another writer, William Shakespeare, for making the choice. Shakespeare said: “No English person can write like Italians do. Actually, Italians do everything better than others. I was indeed (surely not English but) Italian. My real name is Michelagnolo Florio. Hence, I choose that gorgeous, witty and ironical, Italian Student”. Michelagnolo indicated an Italian One, who was arriving at Wolfson Court (Girton College’s Graduate Accommodations) right at that moment.

Fate said: “so, we decided; so, it is; so, events will be”.

*** *** ***

METAPHORICALLY SPEAKING … AFTER “STAR WARS” A NEW SAGA: “CAMBRIDGE WARS”!!!!!

Whereas people believe University of Cambridge to be a “paradise” (which is inhabited by gentle, pure and honest, bright people), it should be also described (metaphorically speaking a là Star Wars) like a Sith’s Academy (where the Chancellor and his Senate passed to the Dark Side of the Force!!).

If I want to describe you everything, I will need the time to run a new Star Wars’ Saga.  Hence, I will be very brief. I will describe you, few of the events that become object of a legal proceeding, which is strongly connected with the principium of Supremacy of Law.

But, thanks the metaphorical language, you can understand why … one Cambridge’s Student decided to: become a Rebel; and, refuse his title and his sit at the Senate offered by the Chancellor!!

Like Master Yoda, he preferred the exile from the Empire!!!!!

This is the History of how an enjoyable Girtonian Student (who has never ever been a dissident) became Rebel against Power!!

*** *** ***

THE REAL MEANING OF “RULE OF LAW” FOR CAMBRIDGE OFFICERS AND LAWYERS

Although the Cambridge Academics and Lawyers (such as: Allan) stated “in the Public Squares and Streets” that Rule of Law encompasses ideas about: Individual Liberty; Natural Justice; Substantial and Procedural Fairness; Equality; etc…; etc…; … their real idea is another one.

They believe themselves above the Law. They believe Power above the Law. They do not apply Rule of Law: either, like a principle of Formal Validity; or, like a principle of Substantial and Procedural Fairness, etc… .

Does “Rule of Law” mean Supremacy of Law above Power? NO, of course! Are You Fool for believing this? Remember my son, … People, who disagrees with Power, are Deviant and Mentally Insane.

At the University of Cambridge, Rule of Law is NOT applied like Supremacy of Law above Power.

Some examples are here infra (below).

Example number 1: Degree Committee of Law

The Statutes and Ordinances of the University of Cambridge give to the Degree Committees some powers. The Degree Committees can exercise them, but they must respect the Law. According to the principium of Supremacy of Law, Degree Committees’ decisions are valid only, and only if, Degree Committees respect the procedures, which discipline their activity.

Well, the University of Cambridge’s Degree Committees were used to make decisions without respecting the procedures. Exempli gratia, they were used to decide without having the quorum, the legal members’ number that must be present for having a lawful deliberation!! Moreover, members were used to sit and to vote when they were in conflict of interest!! Furthermore, members were unable to see that some of the Reports, which they had to consider for their decision, were missing!! In addition, other information, which were reported, were false!!

Even the Board of Graduate Studies, which has the duty to verify the regularity of the procedures, made all its decisions: on one hand, without having most of the Reports (!!); on the other hand, using false information (!!). Some members of the Board were also in conflict of Interest. The Board was used to act above the Law.

So, we should not be surprised if even the Board, which declared to have deeply verified the regularity (!!), did NOT recognize HUGE ILLEGALITIES, which were self-evident by the same documentation they: either, received; or not received (for the missing reports!!). Actually, the Board itself created and added most of those irregularities and illegalities to hide the previous unlawfulness!!

But, they are simply very few of the irregularities and unlawfulness, which were made by the Degree Committee of Law and Board of Graduate Studies. Actually, they did not comply at all with any of the rules they had to follow and to obey!!

In other words, the Degree Committee of Law (which is composed by the most outstanding lawyers and criminologists) and the Board of Graduate Studies believed themselves to be above Law. Hence, they did not have any problem to make unlawful decisions.

Example number 2: Board of Graduate Studies

The Board of Graduate Studies of the University of Cambridge had the duty to pass the complaint, which the Graduate Student sent to the Review Committee, to the Review Committee.

The Board of Graduate Studies did NOT have any discretional power. Well, the Board of Graduate Studies refused to pass the complaint, which the Graduate Student sent to the Review Committee, to the Review Committee!!

The Board of Graduate Studies acted completely against Law. The Board of Graduate Studies believed to be above the Law.

Example number 3: Secretary of the Review Committee

The Secretary of the Review Committee of the University of Cambridge must pass to the Members of the Review Committee all the documents, complaints and grievances, which Graduate Students submit to the Review Committee. She has not any discretional power. She must simply pass the papers. Actually, It is a quite easy job.

When the Graduate Student discovered that the Board of Graduate Studies refused to pass to the Review Committee the complaint, which the Graduate Student submitted, he sent that complaint also to the Review Committee. He wanted to inform the Committee about it. Well, the Secretary of the Review Committee refused to pass to the Committee’ s members the complaint and the documents that were sent by the Graduate Student.

The Secretary of the Review Committee believed herself to be above Law. She exercised a power that she did not have. Hence, she violated the principium of the Supremacy of the Law.

 Example number 4: Administrative Secretary

The Administrative Secretary of the University of Cambridge is the Head of the Secretariat of the University of Cambridge. The Legal Office of the University is a part of the Secretariat.

When a Student submits a Formal Complaint, the Administrative Secretary must nominate the Reviewer without delaying.

Well, the Administrative Secretary was used to NOT nominate the Reviewer at all. It was a method to force students to give up with their Formal Complaints!!

The Administrative Secretary acted, more than once, against Law. He believed (and learned at Cambridge) to be above Law.

Therefore, the principium of the Supremacy of the Law was violated also in this case.      

*** *** ***

Only once, the Administrative Secretary nominated the Reviewer. This happened ONLY as the Administrative Secretary was forced to nominate the Reviewer.

First of all, The Graduate Student had to submit a Formal Complaint versus the Administrative Secretary’s abuses. Then, the Graduate Student had to submit three formal requests for opening a Disciplinary Enquiry versus the Administrative Secretary. They were sent to: the Vice-Chancellor; the Registrary; and Proctors; … of the University of Cambridge.

These requests were indispensable as the Administrative Secretary stopped the complaint versus Himself, acting: against Law; and, in conflict of interest.

Only at that point, it was decided that: the Administrative Secretary would not be charged, if he nominated the Reviewer within **/**/****.

As a result, the Administrative Secretary nominated the Reviewer in the last useful day!

But, this has been a rare exception.

Indeed, the Administrative Secretary did not nominate the Reviewers for the others complaints. He did not pass also to the Council of the University the request, which was made by the student, for receiving financial help for paying legal advices. Indeed, at that time, the University of Cambridge wanted appearing a fair place. So, it was decided that: if students had had to complain versus the University, the Council would have considered helping them to pay for the legal advice. Of course, it had never happened. The Administrative Secretary did not pass even those requests to the Council. It was just part of … VOID PROPAGANDA. Actually, after our student submitted that request, the University abolished that regulation few months later!!

This shows how Cambridge People dislike strongly and deeply the principium of Supremacy of Law!! This indicates also that: most of nice values, they tell to people, are just VOID PROPAGANDA.

Remember my son, … People, who disagrees with Power, are Deviant and Mentally Insane.

How does Power act above Law? How does Power deny people’s rights? How does Power prevent and stop people’s protests, complaints and remonstration?

At the University of Cambridge, some of the most outstanding criminologists have created and taught a very simple and easy to handle method to allow Power to eliminate whoever protests and complains against its abuses, violations and illegalities. Power can act above Law as people, who protests against it, are accused to be: both, deviant; and, mentally insane. This is as … whoever complains against Authority should be: either, “deviant”; or, “in an abnormal mental state”. Authority is always right for them!! Moreover, they believe that: deviant is whoever does not comply with Authority!! It does not matter if Authority acts illegally!! It is a pretty easy game!!

This was the only thing they “taught” to Me. Exempli gratia, when I spoke with one of them about the irregularities and a possible complaint, it was told Me: “I do not advise You to complaint against Authority. You can, but the complaint will not be considered. Listen to Me carefully. Remember, … People, who disagrees with Power, are Deviant and Mentally Insane. Only people, who are stressed, disagree with Authority”.

At the end, you shall not be surprised about what it is happening in the World, nowadays. If people receive this education, exempli gratia, at Cambridge, we will surprise to find a better World!!

Hence, what it is happening, nowadays, between European Union and Greece is about this. Power (e.g. financial power; European bureaucratic power, etc…) wants to prove that it is above Law. Power wants to prove that its interests are more valuable than human rights, people’s liberties, democracy, … . Power wants to see if it can act above Law without responding for this. European Union is acting unlawfully several times. Actually, we should exit as soon as it is possible from this kind of Union.

Does “Rule of Law” mean Substantial and Procedural Fairness as Allan teaches? NO “idiot”, of Course not! Do you really believe in Fables and Fairy-Tales that we tell to people?!?! Do you still believe in Christmas Father as someone told You that?!?!?!?

Rarely is the principium of Supremacy of Law applied at the University of Cambridge. Far more rarely is it applied like Substantial and Procedural Fairness a là Allan!!

Exempli gratia,

  1. it is NOT procedural and substantial fairness to pass to the Degree Committee of Law false information!! It was done to manipulate the decisions and actions of the Degree Committee.
  2. It is not procedural and substantial fairness to pass to the Degree Committee false letters/emails to libel (slander) students!! It was done to destroy student’s reputation among the members of the Degree Committee!! Years later, the same Degree Committee recognized that the emails were: false; and, NOT written by the student, but other person (the identity of the latter was also proved)!! It is not procedural and substantial fairness to libel and to slander students!! This was done by a Criminologist!! She, then, accused other Officers of the University to have done this!!. But, the latters did NOT. It was proved without any doubt that, who slandered and libeled, was that criminologist!! Actually, she did most of the illicitness and abuses.
  3. It is not procedural and substantial fairness to hide those false letters/emails to students!! It was done to prevent that students could prove that those emails/letters: either, were false; or, were written by others!!
  4. It is not procedural and substantial fairness to give erroneous applications to the Degree Committee for guiding its decision. Exempli gratia, it was changed the Research Proposal!! In other words, the Research Proposal, which the Student sent to the Degree Committee, was not given to the Degree Committee!!. The Degree Committee received another one, which did not have any connection with the subject !?!?!?
  5. It is not procedural and substantial fairness to omit to give some documents, which had to be given!!
  6. It is not procedural and substantial fairness to take letters and documents that are sent to other persons!!
  7. It is NOT procedural and substantial fairness to give students false information about the complaint procedures!!
  8. It is NOT procedural and substantial fairness to force students to NOT submit complaints about illegalities done by the University!!!!
  9. It is NOT procedural and substantial fairness that University Officers ask to everyone in the University to make the student give up with his complaint, instead of considering it within the right procedures!!
  10. It is NOT procedural and substantial fairness that the Secretary of the Board of Graduate Studies (who has to guarantee the respect of the regulations) asks to the Student’s Tutor to open another procedure (without informing the student) that would have stopped the complaint submitted by the student!!
  11. It is NOT procedural and substantial fairness to deny students any access to documents for: forcing them to give up with their complaints!!; preventing them any possibility to verify the regularities and/or IRREGULARITIES made by the University Officers!!
  12. It is not procedural and substantial fairness to persist in those behaviours for years!! Actually, this proves (without any doubt) the bad faith and intentionality of those people!!

Truly, the list is very long!! These are very few examples, but they are enough to prove that the principle of Rule of Law is NOT applied like a principle of procedural and substantial fairness a là Allan!!

Does “Rule of Law” mean that “All law should be prospective” a là Raz? NO, NO, NO, and still NO! Rarely have I seen a desperate case as You are! … But … wait a moment. Who is Raz? Here at Cambridge, we have never ever heard about Him. Here at Cambridge, we do not say that name!

You can wonder if the Lawyers and Officers of the University of Cambridge preferred to apply Rule of Law as Raz (a lectures of the University of Oxford) teaches!!

It seems a crazy idea, but we can verify.

According to Raz, one of the meanings of Rule of Law is: all law should be prospective.

Unfortunately, the University of Cambridge disagrees even about this!!

The Formal Complain Procedure was changed after the Formal Complaint was submitted. New regulations were applied to deal with the complaint. In other words, the University changed the “rules of game” during the “game”!!

This does not comply with Role of Law a là Raz!!

MY CHANCHELLOR! WHAT DOES “RULE OF LAW” MEAN FOR THE UNIVERSITY OF CAMBRIDGE? ANSWER: IT MEANS “POWER IS ABOVE THE LAW AND IT CAN DO WHATEVER IT WANTS”. COME WITH ME TO THE DARK SIDE OF THE FORCE, LUKE.

All in all, Lawyers, Academics and Officers, of the University of Cambridge (behind the appearance of what they tell to people) believe that Power is above Law. Power can do whatever it wants. This is what they teach with their actions.

Metaphorically speaking, it seems a Sith’s Academy, doesn’t it?

NO, MY CHANCELLOR! I REFUSE WHAT YOU ARE OFFERING ME. I DO NOT WANT YOUR TITLE , I DO NOT WANT TO BE A LIVE-MEMBER OF YOUR SENATE. THIS IS … ANOTHER SAGA!?!?

As a result, we had a Power that affirmed to be above Law.

The principium of Supremacy of Law was substantially abolished.

In this situation, One has only two choices. The first choice (the easier) is to accept the Power’s abuses. This choice reinforces and legitimates the Power to act above the Law. The second choice (the harder) is to defend the principium of Supremacy of Law against Power.

Our Graduate Student made this second choice. He chose to denunciate those illegalities. He did not study Criminology for becoming a Criminal!!

Unfortunately, during these years, he discovered that people are passive and weak. They prefer accept any power’s abuse instead of fighting for their Rights and Liberties. This allows Power to go beyond its limitations. But, peoples have the duty to defend the principium of Supremacy of Law as well as their Rights and Liberties. If they do not, they choose to live under an Arbitrary Power. If they do so, they deserve it.

But, if you choose to live under an Arbitrary Power, I will not follow You. My Loyalty is for the Supremacy of Law. My Loyalty is for the Rights and Liberties of everyone. Hence, I will choose the Exile!! I will prefer to be Alone!!

We are Girton, Super Girton, No One likes us but we do not care”.

 

[1] The book was published in 1641 at Madrid. It was written between 1636 and 1640.

The story speaks about a student, don Cleofas Leandro Perez Zambullo, who liberates a devil, who was imprisoned by an Astrologer. The Limping Devil wanted to thank you the student. Hence, he decided to show him the Truth, behind the falseness of appearances of Spanish society.

[2] This book was published in 1707 at Paris. There was a new edition with some corrections and additions in 1726.

The story is similar to Guevara’s book. There are few changes. The young Cleofas liberated a limping devil, who was imprisoned by a Magician. His name was Asmodeo. The devil wanted to thank you the young student. So, he decided to show him the Truth behind the falseness of French Society. Lasage wanted to give an account of the brutality, meanness and dishonesty, of the people, who lived in Paris at that time.  He veiled it, behind a Spanish context.