The Rule Of Law The Good And The Illiteration Doctrine

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The Rule of Law, the Good, and the Illiteration Doctrine By Anthony J. Fejfar, B.A., J.D., Esq., Coif © Copyright 2009 by Anthony J. Fejfar, B.A., J.D., Esq., Coif The Rule of Law is ordered towards The Good. The Good is not the Common Good but instead is really the Individual Good. Each individual law must be ordered toward The Good. Even so, because we live in a complex world, even if a law in the abstract is ordered toward The Good, in an individual case the Good or the Individual Good might not be accomplished. When The Good cannot be accomplished in an individual case then an Equitable Exception or Logical Exception on Illiteration must be made on the basis of Natural Law or Public Policy. For example, a law might require that a child of age 11 go to school every day during the school year, but, if the school has steps and the child is in a wheel chair and the school cannot be made handicap accessible, then alternative arrangements must be made for home schooling or some other reasonable alternative. The notion of the Common Good is too conservative and repressive. Often the Common Good just boils down to irrational mob rule. The real Common Good is simply the aggregate of the Individual Good.

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