Why Law Is Not Politics

Why Law is not Politics A Tract Book Essay By Anthony J. Fejfar, B.A., J.D., Esq., Coif © Copyright 2007 by Anthony J. Fejfar Critical Legal Studies argues that Law is Politics. I disagree. Law is an autonomous discipline, which has some political aspects, but is fundamentally its own profession, academic discipline, and area of government. Law is fundamentally based upon Values not Politics. Values means morality and ethics. The primary Liberal Values for those in the Legal Profession are Individual Autonomy, Individual Rational Self Interest, Individual Self Actualization, and Individual Self Transcendence. In terms of Ethics, the four primary Natural Law Ethical Principles are Reciprocity, Utility, Proportionality, and Equity. Politics, as such, does not involve morality and ethics the way that law does. Additionally, Case Law involves the notion of following prior judicial precedent. Politics does not. Law also relies upon Analogical reasoning and reasoning by distinguisment, Politics does not. Finally, law is not full of “reified” false concepts as Critical Legal Studies would tell us. In fact, reification is a false concept. The proof for this is as follows: “Reification is itself a reified concept and therefore invalid.” The Critical Legal Studies Project to destroy the Rule of Law has failed, the Rule of Law exists.