Kagan’s Philosophy: Legal Positivism
Hession’s comments deserve to be quoted at length.
“Attorney Kagan adheres to a philosophy called “legal positivism”
and applies its worldview to her interpretation of the U.S. Constitution.
Through the lens of the legal positivist, law has no fixed truth,
but must be re-invented and bent to fit the changing needs of society.
She has also associated throughout her life with lawyers, judges,
and politicians who favor that position…
”If interpretation of the law is not based on the actual words in the statute or on the
intent of the lawgiver, then the law comes to mean whatever the legal
positivist wants it to be, and it can be changed at a whim. Expediency
and the existence of a government edict are the only rules. Though
this explanation reduces a complicated philosophy to a caricature,
it illustrates the basic problem: In the view of modern jurists, law
is not based on objective truth or even on the fact that words have
Your right , any Official in Government can be Impeached and convicted for Crimes ...
Tell me if I'm wrong, but the date would fit, I wonder if that was one of the Chase brothers or family of Providence, RI.... of Chase Bank and Chase Manhattan Bank...
My 7th great Uncle sold his last piece of property in Providence town, 1783...... to two brothers in the Stock trade.... then they started their first Bank... on my uncles property on the River (1 block), a Chase Bank still stands on that property... believe he sold it for $100.00 ...