God, Communism, and the Rule of Law A Tract Book Essay By Anthony J. Fejfar, B.A., J.D., Esq., Coif © Copyright 2007 by Anthony J. Fejfar The Rule of Law, is a Metaphysical Law, which exists independent of any knower, in the World of The Forms. This is the Platonist position. The Aristotelian position is that the Rule of Law, is a Metaphysical Law, which exists independent of any knower in Substantial Form. For Theists, the Forms exist in the Mind of God. The Forms are guides, not cookie cutters, and they manifest probabilistically. The Rule of Law contains within it all the laws necessary for a Just and Equitable legal system. Common Law Rules relating to Property, Contract, Tort, and Procedural Law, all exist in the World of the Forms as an aspect of the Rule of Law. Thus, I argue that God favors the Rule of Law and Metaphysics. Karl Marx, in the Communist Manifesto, argued that Law is a sham, and merely reflects economics or politics. This is absurd. Law is ordered toward Justice, and Equity is ordered toward Social Justice. While Law may take economics or politics into account as factors to be considered, from time to time, Law cannot be reduced to mere economics or politics. Law is based upon four Natural Law Ethical Principles: Reciprocity, Utility, Proportionality, and Equity. These are neither economic nor political principles.
Finally, I would simply note that even in corrupt Communist societies like the Soviet Union, the masters of that society still felt that Law was needed. There was a Soviet Constitution and a Soviet Judicial System, however, flawed.