Myths of Law

For some doctrines, the stability of Law derives from its eternality, the generally-accepted paradigm of which are Mathematical relations. In such doctrines, the derivation of Laws from a presumed irrefutable origin suffices to demonstrate their immutability. The issuance of Laws from a Divine source, e. g. the Ten Commandments, as presented in a religious document, is the most familiar example of such a rigorous derivation. Analogously, Kant attempts to deduce a set of Laws from the very concept of Reason alone. And, the United States Constitution is offered as an elaboration of some 'self-evident Truths'. But, all of these efforts have been challenged at their roots: Moses may have authored the Ten Commandments, Reason is an arbitrary behavioral criterion, and the conception of 'Human Rights' may be no more than inspirational. Nietzsche has perhaps most thoroughly demystified Law--the effort to eternalize it has always been part of the myth-making that is taken as essential to effective governance. But true Democracy entails transparency, to which Myth, and perhaps even Majesty, are antithetical. The true portion of the glib 'Laws are made to be broken' is that Laws are made, so, hence, they can also be unmade, just as if one Constitutional Amendment can be repealed, so can any other. Between the awe of Law and the disdain for it, there is respect for it, and nothing breeds respect for it better than the understanding of it as an effective dimension of a healthy society, the product of wise leadership.