Law is based on Values not Politics By Anthony J. Fejfar, B.A., J.D., M.B.A., Phd.

, Coif Perpetual Copyright (2011 C.E.) by Anthony J. Fejfar, and Neothomism, P.C. (PA). And The American People and The People of God, as a Public Domain Copyright. Duncan Kennedy argues that Law is based upon Politics. But, the question immediately arises, what are the principles underlying politics. Surely, base politics are ruled out. Base politics only support the base emotions and base values. Obviously, such unprincipled notions cannot be the basis for politics. Aristotle and Thomas Aquainas tell us the Politics are to support the Common Good, which is at once, both individual and social. Philosopher, Bernard Lonergan tells us that Politics are to promote the Truly Worthwhile. Plato tells us that Politics are to support the Individual Good. Of course The Good involves positive values such as a person having good food, clothing, education, transportation, recreation, physical and mental health, good medical treatment, good dental treatment, enjoyable selfacutalization projects such as enjoyable hobbies and fulfilling work, good vacations.

Thus, we can say that Politics are supposed to promote a Liberal Scale of Values, which include the positive values stated above, but involves, in the first instance, the following values: My Liberal Scale of Values: First: Two: My own Autonomy, Freedom, Liberty, Free Will My own rational self-interest or Rational Self Interest

Three: My own self-actualization and Self-Actualization Four: My own Cognitive Self-Transcendence In relation to the foregoing, Free Will is the Free Will to choose relative good over relative evil, or relative evil over relative good (Or, Relative Good over Relative Evil, or Relative Evil over Relative Good). Also, Cognitive Self-Transcendence means to choose to know what is going on, rather than choosing to be ignorant. As Lonergan puts it, a person should not allow base values and base emotions or base selfishness to bias his or her or hae knowing in such a way that his or her or hae thought processes are warped and thus produce biased, fraudulent information. Instead, you are to use the Transcendental Precepts in your knowing: Be Attentive, Be Intelligent, Be Reasonable, Be Responsible, Be Loving, Be Intuitive, Be Wise. Now, it is also important to adequately define the term values. A Value is that which if felt to and reasoned to be valuable or important and positive.

The Values stated above such as good food, clothing, a home, etc., are obviously positive and good, and meet the requirements of Midwest Logical Positivism, where it is asserted that reality is better known through the cognitive operations of Experience and Logical Reasoning therefrom. Given the foregoing, we can see that Duncan Kennedys assertion that Law is simply base politics, is wrong. Law is based upon values and good legal reasoning. Thus, lawyers learn to use good legal reasoning and to Think like a Lawyer, by learning good factual analytic skills, and both analytic and analogical reasoning skills, and good judgment.