THE FOURTHWAY MANHO E-JOURNAL Volume 159 February 19, 2022 |
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THE LEGALANAIC TRIAD - THE PLAINTIFF, THE DEFENDANT AND THE JUDGE By Professor Dr. Tan Man-Ho (An excerpt from the original work, Real World Views, Book 8, by Professor Dr. Tan Man-Ho entitled, "To Know, To Understand, To Be; The 'I's and 'it's of Man; Commentaries, Thoughts and Aphorisms on the Social Life of Man," April 1977 - September 1977 Discourses, Chapter 5, Section J: "The Legalanaic Triad - the Plaintiff, the Defendant and the Judge," pp. 170~182)
J.
THE LEGALANAIC
TRIAD THE PLAINTIFF, THE DEFENDANT AND THE JUDGE
1 ‘Legalana’ here means legal + asana, and asana(s) is the inner reasonings or mind postures formed into a perfect legislative, judiciary and executive legal system of governance of the state-stopinder (SO) the nation-stopinder (LA) and United-Nations-stopinder (TI) and stabilized as a legalanaic tri-octave superstructure system during the FA-Historical Period of Capitalism in transition to the SO-Historical Period of Socialism at best the legalanaic transitional aberration is severe during the current polar FA-SO-LA-TI Historical Periods of Capitalism and Socialism. As to the first triadic legalana force, the lawmaking legislative stopinder, all the power-possessing lawmaking solau, lalau and tilau rulers and their legal consultative experts including the sojing, the lajing and the tijing gather together from time to time to wiseacre on the body of these produces of this legislative body, and of course consists of just these three-brained hethormen human beings of special kind. Bear in mind in the earlier epoch of the polar MI-FA-SO-LA/TI Historical Periods of Feudalism and Capitalism, the power-possessing sodi, ladi and tidi rulers also together with their lawmaking experts and the sokong, lakong and tikong hethormen human beings of the epoch have created these laws during the lawmaking process and perfection for governance to their sociocosmic kingdom-stopinder (SO), dynasty-stopinder (LA) and imperial/empire-stopinder (TI). Note that in the feudal society of feudalism, there exist family governance (MI) independent of SO, LA and TI governances due to a stay and rest of the ascending 'gravity-center' at MI-family of the growing fundamental sociocosmic octave at that epoch. However, these fundamental regulatory sociocosmic stopinders of that epoch are comparatively smaller in demographic population and geographical sizes, distances and reaches, as compared to the same parameters of the fundamental sociocosmic stopinders of our polar FA-SO-LA-TI Historical Periods of Capitalism and Socialism which already covers the whole of mother Earth surface. As to the second triadic legalana force, the judicial stopinder or the court or judge for the laws man-made by man which separate being-administration of such judicial inquiries to reach judgment and subsequent redress in justice with penalty outcomes. A different group of judgment beings in similar solaujinggong, lalaujinggong, tilaujinggong configuration of the judiciary court are created and stabilized for this second legalanaic force vivification. As to the third triadic legalana force, the executive-stopinder or the law enforcement body, yet another separate solaujinggong, lalaujinggong and tilaujinggong for this executive body is created, normally, a fine in dollar-terms peculiar to Capitalism's new God known as 'money' much believed by these three-brained beings of this money-God epoch, and only for this epoch, not of other epoch where property capitalism is on indispensable transit to finance capitalism. Besides being-money penalty, other punishments are also inflicted and the ill-fated 'bad' three-brained beings are imprisoned in small cages under a big prison-building for a period of time or for life depending of the severity of the legal violation to which costs must be bear ultimately by society-at-large within the fundamental sociocosmic stopinder of reference. The most severe type of punishment is the death penalty or capital punishment of Capitalism and true also to most other '-ism' of the earlier epoch - Ancient Slavism, Feudalism or the future Socialism each with these man-made laws substantially changed, amended or removed by man himself from epoch to epoch. The legalana triads whether in the fundamental sociocosmic octave or the 2 lateral sociocosmic octaves split into 3 parts due to the presence of the MI-FA Interval, the “SO-LA Interval” and the TI-DO Interval. Thus all the legalana matters – the legislative, the judicial and the executive - are handled by the regulatory State (SO) or the regulatory Federal/Central Nation (LA) or the regulatory United Nations (TI). Thus the whole legalana presence for the three-centered man obeys the sociocosmic triad laws and the sociocosmic octave laws. Thus here is established foundation in the storyline for the basic nature of the triadic legalana existence and life of man; and the possible octave-becoming in wait! Legalanaic postures are the legal postures of yoga or the yoking of essentially 2 opposing inimical bulls known as the Plaintiff versus the Defendant, a unity-of-opposites with unequal losses in search of justice to restore or redress then balance within the sociocosmic relational entities or socially accepted and recognized octave stopinders such an individual vs another individual or a group or a family or an organization or a state or a nation or a UN entity, and includes also the horizontal and vertical upward and downward legal actions. A non-octave legalanaic division is natural to man’s legal thinking during the pre-octave notion periods of history of the legalanaic minds. The yoke of legalanaic opposites of the three-centered hethormen human Plaintiff and the three-centered hethormen human Defendant is the Judge who is also another hethormen three-centered being. The peculiar legal-moralian fluid flows amongst these tensely opposing opposites – thesis and anti-thesis in tense fights – ultimately synthesizing into a Judgment based on the ‘correct’ interpretation of the law by the three-centered hethormen human Judge with all the redresses and punishments including the death penalty. The historical life of legalanas is not eternal – they are born, live and die over historical periods of thousands of years to date. Some old legal-asanas that were previously strong, all power-possessing and deposited in abundance in the human essence body of the power-possessing beings have negated completely if not in negation of the negation or amended forms. What we have today of our legalana postural network essencely welded into our body with legalanaic psyche hydrogens filled, deposited and strongly crystallized is the legalana system of the current polar FA-SO-LA-TI Historical Periods of Capitalism and Socialism. Legalanas before and in the future will not be similar over historical periods and there would certainly be substantial ‘negation of negation’ of legalanaic essences or removal and amendment to existing laws and enactment of new laws. Laws are essentially man-made and have to be changed by no other than man himself if they are found outlived within the context of the historical period or periods for them to continue and survive or be wiped out, and by the power-possessing man himself. Humans made social laws themselves, which type is called a legal case depends on the crystallization formed from a triad ‑ the plaintiff, the defendant and the judge. Such legalanaic crystallization deposited in every man in the group, in the organization and in the society as a whole and which form a crust of necessary social laws has become the legal industry. Laws are electrical; when spun in a place called court, it alters the currents in the crystallization into a total phenomenon called resolving the legal case or the settlement of dispute. The settlement of dispute could be mysteriously concluded. It is incomprehensible sometimes to sane logic. A beggar could become a candidate for jail. In this same court itself, many defying beggar beings would not receive a just judgment and would be jailed for sure. I think, if a beggar with its other world logic utters “Poloo ka ri tete; si ti ta ke” and if such being psyche hydrogens enter into the court atmosphere, the judge would be jailed in any of the next coming case. Law is always a being-law. It is beings exercising power over the other beings through the third neutralizing position strategy. The power position of the court – another masterism.
2 Man uses the laws and does many misdeeds in the name of the law. Law is material vibration reflecting an ‘I’ in the “executioner”. It is a special legal-asana vibration in the body of man and the aim is the same ‑ to realize an ‘I’ of resolving a dispute. Legal-ana, education-ana, logic-ana, religio-ana and the like are all lateral sociocosmic vibrations and reciprocal social relations amongst humans in the realm of the human minds. Truth is a continuation of just these vibrations of social battles by other means. ‘You’ move a chicken to a place 2 inches away from your body with payment made by you to the “seller” because you have bought it. Yet, this chicken might already be purchased by someone else already by this same “seller”, and that purchaser has not sold it to you in law. You are having a chicken 2 inches away from you with your payment to the “seller” who has no chicken to sell. This chicken is not yours. So, you must not simply buy things already sold – they won’t be yours. The first move is called legal but the second is called illegal. And you would be punished if you just take. But don’t say that my first movement is also legal because after all what is legal is that just a sound called ‘with the intention to growl at another”. You will make things confusing and incomprehensible. When a big organization itself becomes criminal …….. more loopholes in world of laws would release a thousand more poisonous snakes. The laws obey the fundamental laws of reciprocal feeding and reciprocal destruction.
3 The brave of ‘I’-shoot-offs is subtler than any enforced laws against man. You can hang a hundred criminals but crime remains an eternal occurrence in man as if a permanent aspect of the inner life of the Great Sociocosmos is everpresent. We live in this unbecoming trioctave-lemma world of legislation – triad because the law of motion of the plaintiff, the defendant and the judge makes the legalanaic motion possible and octave because the sociocosmic octave discontinues the motion and stopinder the legal cases into temporary mini-judgments, ……….. the total cumulative mini-judgments become a human disaster unto themselves that ultimately evokes the same great Triad Law of the Motion of the man-made laws to revive into a higher mega-judgment level.
4 In the big days of sacrifice, how many of us ever thought the number of lives that have been sacrificed? Sacrifice of the life of beings is the form of killing according to customary laws, the law that were found in the Mi-Historical Period of Feudalism and the RE-Historical Period of Ancient Slavism –a sacrifice for the God(s). Sacrifice is invisible killing just like any recognized “official sentence to death” of any beings from the organic to the human sociocosmic. It is killing that is done quite invisibly and done as a superstition. For instance, in the hangman’s hall or slaughter house for which human beings are sacrificed in the name of a God or a supernatural being, but in the FA-Historical Period of Capitalism, it is a would be a sacrifice to a ‘Justice’, yet three-brained beings bearing the name murderers would still continue as usual at a higher level of legalanaic action. Hidden in the minds of these beings of the slaughter house, are just those very dangerous ‘I’s. And if you chance go near such a being you have to be very careful because who knows yesterday one new law has been announced that if you step-on-a-tortoise’s-shell you must be given rattan canings plus one year’s hard labor for disturbing sociocosmic harmony to tortoises not in line with the acceptable accord of the said new societal order of now a new ruling power. If you dare step on one of these tortoises’ shells within their vision, you shall be arrested and “finished off.” Laws are often invented by these power-possessing beings for their own interest as they prepare for strategic politicking and possible future wars even though they have no confidence of winning.
5 Many of these human-made, synthetic or artificial society “laws” are invented to regulate behaviors of all that are acceptable to the creators and enforcers of the “laws”. Some have already become anti-human beings. I think it is very ‘silly’ to make laws against the basic requirements of man and against human beings. Yet, such behavior still exists in our life circumstances.
6 Laws proceed out especially from social organizations of production and regulation, from their indispensable extensions and necessarily along all stopinders in the sociocosmic octave. For instance, during the FA-Historical Period of Capitalism, the production of TV and radio and payment for use produces the condition for license, which on violation leads to the creation of laws and the meted out punishment associated with it. Laws are inventions of man-being and are corrected through the mechanism of checks and balances which are always present in society. No one must claim monopoly to checks and balances — they are yin-yangly present for society.
7 Man-made laws are always said and implemented by the few who have made them on behalf of humanity in general. The few who are free, have a lot of time studying the behavior of the masses and then make laws, just to make themselves feel “big” in relation to the docile, quiet and harmless masses or to seek truths in the process of law. And some of their laws are just egoistic.
8 Under the name of the state, the nation, the laws and the God, the gravest justice crime has been committed unconscionably and in unproven burial ground. The destroyers of criminals could be “criminals” themselves depending on how the action stick is held. When criminals rule a nation, they could only be called the white and those opposing them who are white and could only be called the black because there is no white end of the stick left to hold.
9 A jail or prison is a special substopinder organ entity, and like every other sociocosmic stopinder beings it must deliver its social responsibility service of confining the cancersociodynamic beings or “criminal beings” that sprout out of the continuously disharmonious tendencies within the body of our Great Sociocosmos. In this organ is developed various punishments to various parts of the body of a prisoner in accordance to the decisions of the court after the concluding trialectical process between the plaintiff and the defendant, an event that could only occur after an earlier cancersociodynamic event that has occur in the real world between the plaintiff and the defendant. The methods used to repair these abnormal individuals are thought to be the best methods available for making sure these “troublemakers” do not come in a second time. And some hardcore ones do come in again a few more times.
10 Human laws are made by man and by man alone, not god, not monkey. And they are the power-possessing beings, the legalists who operate partly in the open and partly hidden. Laws are made by the powers of the “guns”. That is why the ugly heads in the laws regarding money, constitution, criminals, politicians, the rich, the poor, the unemployed, etc. can take root.
11 Laws are discovered and developed to be “above” humanity and for which crooks could use them against their adversaries, competitors and neutrals. For this to happen, laws must be strategically positioned in all minds to be at par with the gods in the universal hierarchy of power. And the administrators must act through them to acquire great referent power for themselves. Laws, in my opinion, no matter how right and accurate it is, cannot acquire the supremacy of real doings by real human beings. This is because laws are made by man, used by man and changed by man in the real world. A law cannot be pronounced without first the existence of a human being. You can pronounce a law called ‘All tigers must learn ballet. If it fails to learn it in 7 days, the punishment is 3 weeks of hard labor!’ Then in real doing, you pick a tiger, examines its ballet, learning and comparing with the “laws” set to see if you can conclude your duty. Law and its imminent inner expansion is a logicnestrian psyche “deposit” in our head. We want them as we would want a spoon and a fork for satisfying higher laws. "Ah! So long as that bastard neighboring being can be punished by the law with something to satisfy by dissatisfaction, I am satisfied. The food is now in my tummy!” The limitation appears and disappears by itself through the process of real doing because limitations are but excrescence of the individuals, the groups and the organizations in their interfacing reciprocal actions. The limitation arises because of this reciprocal doings of men onto one another. And a state, a nation and a world are just these stopindered limitations. The observable doers we called them the power-possessing beings, the beings who hook on a something and expand itself into the “boundary” of other power-possessing beings who are also doing the same thing. And amongst the power-possessing beings, there are levels. Our question is how come these weird “two-legged beings” are found in abundance on planet Earth? Strange isn’t it? Our attitude towards them is the same as their attitude towards us. Their Hasnamussian properties of capitalism include power-craze, money-craze, destructiveness and often commandism.
12 Make the laws first and then get a group of fighters with the best fighting skills (with superior weapons). Apply the laws on your enemy (competitors, real enemies, etc.) only from time to time in order to dominate and contain them. Ah! Everyone uses laws on everyone and in turn everyone is used by laws. You can win in the law and yet you can lose in actual material combat and get wipe out materially. Administration of any law works best in time of peace and order but not in times of war and revolution or a declining state. (The Observer)
13 Behind masters, there can be masters. A master may not be determined by social rank and wealth for it is part of the master’s identity. A great master is still determined by real doing. A truly good master is one who gives more, works harder and takes only sufficient amount for himself. Only this is a Real Master. There are many pseudo-masters and they really survive well in this ill-fated Earth. Well! This is the endlessness of the reciprocal interaction of men. So long as man is a machine with ‘I’s, with a physical coating and lives external to one another, this endlessness will continue. Only when man no longer exists on Earth with the limiting coating of matter and spirit that the grave problems of mankind disappear. But men remain beings, so, the laws of the survival of the fittest will still remain true for man.
14 I saw on the planet Earth the prison institute which, like every other institutes, is a “house” operated by organized individuals from the state. The decision of the court is its enrolment and the police are the administrative operators for the inputs. There are conditions for enrolment and you must know them very well before you are eligible for entry. Tortures are scientific and they are center on the inflicting of inner and outer pain, and hidden organic injuries. Transformation, which is based on learning theory, occurs after the “torture”. The installation of a prison system into the sociocosmic body is part of a grand sociocosmic design independent of man’s will. Depending on the group in power, the prison system is always handy to ensure peace, harmony and justice for long term self-prosperity. Constitutional laws, the court, the civil defense and the prison system go hand in hand as a regulatory weapon for long term peace, harmony, justice and prosperity. When the enrolment in the prison institutes is very high, there is an increase in the negative market demand and the cost of maintaining this system increases. The armed force beings are put on alert. But here the system becomes a universal device for global usage. My objective calculation regarding this planetary system shows its good demand everywhere wherever “cancer cells” tend to breed abnormally. Its great enrolment indicates an alarming state of the society.
15 By approaching the understanding of man-made laws as planetary issuings for an ultimately unknown motive, we see laws in a different way, and we are going to use laws and make them the piano keys and we must be the pianists. This is the objective way of examining laws as statement-creatures of being psyche hydrogen, a special emanation from the human body. Legal intervention is only a part of the total human activities not the whole. Laws like all other human weapons are widely used by all sociocosmic beings to ensure advantageous peace, freedom, justice and harmony for preserving status quo, and especially the “bad” ones. As claimed by three-brained beings, man-made laws are not their (stopinders’) legal instruments but are extracts of sociocosmic reality in their administration of the neutralizing principle in a sociocosmic conflict as their regulators. If A murders B, the law says: “Thou shall be punished by death for taking the life of others in the form called murder” and C, the regulatory neutralizer in the third principle shall “murder” A too in the form called “administration of justice”. “You don’t kill a chicken, you eat a chicken!” This is how three-brained beings wiseacre with their man-made laws.
16
Written law is the tool to be used
for reciprocal engagement of all forms of sociocosmic entities. Laws
are made from “animal tension”
in threes ‑ the plaintiff, the defendant and the judge. Legal or not,
respected or not, it is a phenomenon of this strange sociocosmic behavior of
man. Part of the life of man is the active legal animal.
Wherever possible each power-possessing being would get a recognized set of
laws for its own justice. A group that claims to represent all
humanity may only represent themselves although under the illusion that it
is recognized by all. A monkey hopping about in the woods “sees”
everything differently.
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