Sunday, 22 April 2018

Disillusioned Law Professor Enlightens Us All - Part III



Here is the third and final part of the Disillusioned Law Professor's brilliant and searing critique of Anglo-Saxon Common Law, the true fountainhead of male oppression in the Anglosphere:



To make things worse, great and sustained demographic damage is done to family formation and retention by the anti-Western cultural poison of conflict theory, which casts solid families and especially white and Asian-American families as “the enemy”. There has been a lot of press on the way the birthrate in the US has been dropping sharply, but look at a graph and you’ll see, the fertility for the white and Asian segments has been in a steady fall since the 1970’s. Such drops are not unusual in the developed world and they happen in both Western and non-Western societies. But Anglo societies are also unique here in their vulnerability to the cheap labor demands of neoliberal economists, which like their cultural marxist counterparts in academia, undermine the heart of Anglo society by in effect, demanding it must be replaced for the sake of “economic growth”, “sustaining the state” or other facile claims. This too feeds the vicious cycle of white (and Asian) demographic decline, as mass immigration from hostile 3rd world cultures compounds the financial dangers of marriage and family formation in the cultural marxism-dominated world of Anglo family law, pushing down wages and value of work, making it even harder for both skilled and unskilled workers to start families.

This is what gives apostles of cultural marxism, foreign policy neoconservatism and economic-based neoliberalism in the US Congress, such as Charles Schumer and Marco Rubio, and their counterparts such as Justin Trudeau elsewhere in the Anglo world, the excuse they need to claim they need mass Muslim and other 3rd world immigration to prop up Soc. Security since “the natives won’t start families for some reason”. Even though, of course, they know the true reason: their cultural marxist and globalist neoliberal circles are what created the problem, deliberately. Also take note, the same de facto law-making powers that Anglo common law hands to family court judges, also applies to the judges who, by example, overturn Trump’s immigration restrictions and thus force mass immigration upon the US and the rest of the Anglo world. Again immune to the public’s wishes and shaped only by the elite “right thought” of US law schools and PC trends. The new-comers have larger families as they’re less culturally affected by the cultural marxists’ war on families in the Anglo world. And so now you can connect all the dots—Anglo common law in its family law form is the greatest cultural wrecking ball for family formation and thus any basis for a Western society in the Anglo world, opening the door for globalist politicians and judges to impose open borders and mass migration, to displace the Western population and culture in these countries.

The civil law of the rest of the world, by stripping judges of the power to make law through the elite thinking of their court opinions, gives rise to a powerful and important shield for society from the dangerous anti-Western ideologies that the Frankfurt-School has normalized in Anglo law schools, legal journals and general academia. The very different, more practical focused structuring of European and South American and Asian universities, is one factor blocking the cultural marxist ideologues from indoctrinating family law judges in the family-wrecking anti-Western doctrines that hold power in the Anglo world. But more important, the presence of the civil law barrier means that the misandrist, anti-Western “right thought” of cultural marxist ideologues in academia and the media cannot be translated into practical force of law or weight of precedent, since judicial opinions and thus case law in the civil law world do not stand as citable law to start with. From an historical perspective, we can see the foresight of the Romans who created the civil law. In removing the power of law-making from an unaccountable elite—the judges and magistrates—whose thinking can be shaped by radical ideologies instead of the democratic constraints of statutory law, the civil law places a brake on law and courts as a whole from straying into excessively ideological territory, making them more reasonable and consistent with the will and needs of the people and the families that form the bedrock of the community.

And when get back to family courts in civil law countries, we can also see why they produce decisions that are more limited, fairer, common sense and in tune with general popular understanding. It's because they are. In the civil law world—almost all of Europe, Latin America and most of Asia, as shown on the linked map above—both the judges and the makers of statutes are much more tightly bound to a body of law forged from the careful workings of generations of deliberative bodies, which are bound to the will and demands of basic fairness as voiced by the people. Extreme, conflict theory-driven elite ideologies, which so often become trendy in the bubble worlds of American and Anglo academia, are ruthlessly walled off from the legal doctrines that translate into statutes and the decision-making of magistrates. As I stated before, and even more so with the “new common law” since the 20th century, it is in practice impossible to reform the extremist ideological doctrines that shape judges’ thinking and precedent-making in Anglo family courts. This is why expatriation into the civil law world is the only realistic remedy for starting a family.

I should note finally for this point, that although “conflict theory” is something of a catch all term, at its heart it represents a basic way of viewing the driving forces of society, and thus concepts of justice and fairness. It cannot be falsified or fought with evidence, and efforts to do so will lead to ostracism and loss of status and often livelihood itself. It’s part of why we in the academic world, who are “red pilled” as I suppose my students like to say, still have to tiptoe when we speak up. Its very nature is also why conflict theory dangerously warps otherwise praiseworthy concepts like justice and fairness in the common law and family law in particular, and why conflict theorists and critical theorists in general have done and continue to do so much damage in the Anglo world. 3rd wave feminism, cultural Marxism, critical theory and conceptions of Britain and North America as being driven by minority races and ethnic groups, struggling against an oppressive white majority (though soon to be a minority itself in the USA and most of the Anglo world)—all of these are sub-sets of conflict theory.

It is conflict theory that helps much to explain why Anglo and especially US family courts are typically so misandrist, and why white and Asian men, as disfavored groups in the social justice hierarchy, are so hard hit. Conflict theory, originally a product of the Frankfurt-School, truly has become the dominant social doctrine of Anglo academia. And it rules law schools. Those classes that law schools feature on 3rd wave feminist theory and resisting oppression by historically dominant groups? They translate into the decision-making of the judge at your divorce court, and also of the clerks and assistants who actually write the statutes that lawmakers in legislatures pass—or think they are passing. Divorce is financially, emotionally and socially wrecking for men in general, but particularly for those in white and Asian groups, and conflict theory explains why.

There are some additional features to this, beyond the weapon of Anglo common law itself, that can help explain why the family law situation and societal structure in the Anglo world have become so hostile. One is that residents of the Anglo world are, disproportionately, in countries where the white population is descended from settlers instead of the indigenous people, in Australia and North America. This makes them especially vulnerable to the attacks of injustice levied at the heart of conflict theory, and in a bitter irony, Britain has been swept up in the same Anglo settler guilt narratives of its former colonies, which in turn translates itself into the common law. The civil law countries of Europe and the heart of Asia in particular, in addition to the protection of the civil law itself, have the advantage that the people there are native to the land, so this essential line of conflict theory has no power there. An additional irony is that, as I indicated before, not only men but countless women and families in Anglo societies are also harshly targeted, particularly from the white and Asian groups, no matter how much we try to pretend this doctrine does not exist. It absolutely does, and it’s a direct outcome of the Frankfurt-School and conflict theory doctrines.

3: On the profiteering of the “business of divorce”, it appears that previous contributors have mostly covered this, and I’ve referenced it a good deal before. But it should be stressed here, that as responsible as the corruptions and perversions of common law-based Anglo family law have become in making family formation unviable in the Anglo world, the crippling damage of Anglo family courts would not be possible without the profiteering the system allows and encourages. It is unfortunately true, that the rich profits of divorce for attorneys, courts and even government jurisdictions that effectively have shares in the divorce profits, create a perverse and dangerous system of incentives for it. It’s a major part of why divorce is so common and so utterly damaging the Anglo world, in sharp contrast to civil law countries outside the Anglo world, where it is not only far less frequent, but much less damaging and simply quieter and simpler overall.

Go up and down the list of things that differentiate the world outside the Anglo countries in the realm of divorce, and you can see the societal benefit that results from making sure that circling vultures can’t profit from it. Mediation is the standard approach, couples usually have a waiting or “cool-off” period, the default in custody is sharing of child-rearing, prosperous and financially successful spouses hold on to what they have saved up (not to mention their homes and cars), alimony is minimal or (in most countries) forbidden outright, child support is leashed according to strict formulas and halted at a low maximum, the “living standard during marriage” practice leading to ludicrous alimony demands in Anglo countries is mocked and rejected, gold-digging is harshly scorned and legally forbidden, millionaire and especially well-off spouses are protected from major asset loss (the “playboy principle” I believe some other contributors have called it), divorcing spouses are not allowed to profit from wealthier spouses but are given social support to land on their feet… This is all made possible because divorce cannot be a source of profit in these countries.

These features are all but universal for divorce outside the Anglo world, in otherwise radically different cultural spheres. Italy, France, Spain and the Mediterranean world, Austria and Hungary, Poland and the Czech Republic, Slovakia, the Baltics, Finland and Scandinavia, Luxembourg, Belgium, Holland, all throughout South America and central America, across eastern and southeastern Asia. Even in India, Sri Lanka and Nepal, which do have some features of common law from the period when the British administered portions of their countries, the divorce system more-and-more follows the continental civil law model. This is in measure due to the civil law itself (and customary law in places like South Asia and South America). But it’s also due to the economics of divorce being such a complete contrast outside the Anglo world. They disallow profit-making in the divorce process, and this not only makes it more humane and far less of a wrecking force, but also makes it happen much less. In addition as I know has been mentioned before, correctly, you cannot overcome the predatory American and Anglo family court system by importing a spouse from overseas or “marrying religiously”—so long as you are in an Anglo country, your marriage will be chipped away at by a system that is designed to make it fail, and then you will suffer disaster when the family courts step in. Expatriation, again, is unavoidable for family formation.

4: The embarrassing failure of law schools to impart knowledge on the new economic situation in the US in particular, as a way of more intelligently determining maintenance imputations. This one likely needs little elaboration, but suffice to say, this failure is at the heart of why the United States, Canada, Britain, Australia and the Anglo world in general persist in the grotesque practice of sentencing ex-spouses to prison for contempt, unheard of outside the Anglo world. My son was at recurring risk of this despite being otherwise prosperous, as are millions of American and other Anglo men after their divorces. This is partly because of the perversions of the common law system covered before, which permits such extremes in child and spousal maintenance imputations unlike civil law systems. But it’s also because judges in family courts are unacceptably ignorant of real-world modern economics and even the notion of fluctuating income.

I have been far from alone among legal faculty in calling out for curricular reform to better address courses on finances in law school, perhaps because such truly useful coursework is crowded out by all the conflict theory courses that have become the norm since Frankfurt-School disciples took over US and Anglo academia. But the terrible result is that, in practice, too many judges especially in family courts are still stuck with a dangerously outdated, 1950’s view of permanent, stable jobs and steady employment, with little understanding of how uncertain income can be year to year. There is little understanding of not only the gig economy, but also the waxing and waning of business profits, contracts, extra jobs and the variations in income from one year to another. This is why imputations for alimony and child maintenance in American and other family courts are often so outrageous. The judges too often truly are ignorant of the realities of varying income and the difficulties of maintaining steady employment, will often impute wildly unrealistic expectations of annual income, and then send an ex-spouse to prison when they unavoidably fall short. Again, the strict limitations in civil law countries grant another layer of protection against this, another reason why expatriation is necessary.

5: The strange puritanic side to US and Anglo culture. I believe your contributors have covered this in detail and I confess to knowing not so much about it, but from the little I do know, I believe you have a point. My take on it, the puritanic essence of so much of Anglo culture turns sex itself into something dirty and shameful, and the currents of sin and shame then join with radical conflict theory ideologies and the perversions of Anglo common law to create an environment in which otherwise successful spouses, husbands in particular, are immediately presumed to be objects of blame, guilt and undeserved punishment. I do also believe this is behind many of the “metoo” movement excesses, which incidentally have hit many US law schools recently even when the accused are innocent. It is more evidence that the 3rd wave feminism of the Anglo world, even outside the anti-Western poisoning effects of its cultural marxism links, is especially toxic and hateful. In my travels, from eastern Asia to South America, Sweden to Russia, Germany, France, Italy, yes I've met "feminists" but they're tame and even pleasant compared to the Anglo version. The feminists there just seem to want to have the freedom to do their thing, do unusual jobs and maybe be a little more sexually flirty, you don't get the misandry and hatred of the "Western oppressors"—conflict theory again—that's the norm for feminists, and what my students like to call virtue signallers or "social justice warriors" (the SJW I believe is the acronym) in Anglo societies. But it is another part of the range of factors that make the Anglo world unviable to start families in, making expatriation unavoidable.

To finish up, I would like to be more optimistic about family formation prospects in the Anglo world, as I have been reared in it. Despite its flaws, I still find much to like in some of its legal and societal doctrines. But the worsening perversions of the common law as expressed in the corrupt, family and career-wrecking family courts are such a fundamental breakdown in such a fundamental element of society, that for now, expatriation really is essential to start a family. My wife and I have even stipulated that we will support our other children’s plans to marry and start families only on the condition that they expatriate, and they are already learning the languages and taking the other preliminary steps to make it happen.

When choosing your country, whatever you do, don’t be distracted by ludicrous and grossly inaccurate headlines about the supposed dangers of other first world countries in the civil law world. Your chances of suffering in a terrorist attack are less than 0.01%, and quite against all the nervous wringing about demographic change, every country in Europe is 90% or more populated by the same peoples native to their countries for centuries. (If anything that is the primary challenge with expatriation, since immigration is tightly controlled in Europe—look for ancestors and contact employers especially if you have special skills, which my daughter is currently doing.) Earn money in the US and save up if you must, but think of it as a posting abroad even if you were born here, because if you want a family, it is too dangerous to attempt one here. I hope this will change, but for the reasons I went through before, this will not happen easily with common law, and will likely require radical reform.

Another advantage of civil law countries like France, Spain, Germany, Austria, Italy, Scandinavia, Asia or South America is that you need not fear financial disaster from medical illnesses, university study (as my own US law students can regrettably attest with their horrible loans) or crime, which is much lower in Europe. You’ll also have more vacation time and leave to be with your kids and families there. It’s worth a reminder that especially if you are an American, still caught up in the rhetoric and battles of the Cold War, that you should be careful not to confuse the social based capitalism—also called social market based capitalism or capitalism with socialist features—with cultural marxism. They are fundamentally different phenomena in every way. As I said, even the main economic marxists like Lenin and Stalin hated the cultural marxists and considered them to be decadent slobs, and economic marxists often emphasized social cohesion and strong families and communities.

But the social based capitalism of Europe and much of Asia isn’t economic marxist and certainly not communist either. It’s a well tested and proven system to improve educational and work opportunities as well as the health of the people, and in fact it depends on strong families and communities that rational, civil law-based family law makes possible. The enemy of family formation is not the political left or the right itself, as I made allusion to above, these terms aren’t specific enough and easily confuse different things. The enemy of viable Western societies is the dangerous, convenient alliance of conflict theory-based cultural marxism with immediate term, low wage obsessed big business neoliberalism, both of which for their own reasons, want to break up strong families, make them too expensive or dangerous to form, promote 3rd wave feminism and trap a society’s people in social aimlessness, as an excuse to replace them demographically with hostile groups imported through mass immigration. The opposition to this sick and dangerous anti-Western alliance isn’t strictly right or left in economic terms, and it certainly isn’t neoliberal libertarianism or radical capitalism, both part of the problem. It is a more mixed ideology that focuses on and supports strong families and communities, opposing mass migration that would hurt the social fabric, protecting the environment and people's health, incorporating some socialist elements but also encouraging economic competitiveness, starting businesses and capitalist motivation. In practice in Europe and Asia, this social based capitalism has now become the plank of what are being called the populistic or nationalistic parties there, some with a European or Asian regional “continent-wide” philosophy that goes beyond a single nation. But regardless, the dominant and most popular parties support strong families and rational family law, support some socialist assistance to encourage mobility of the citizens, oppose mass migration and support the fruits of reasonable capitalism, all held together by the rationality of civil law tradition.
The societies you’ll expatriate to are just more humane and reasonable in general, something that then spills over into the realm of family law. My faint hope for the Anglo world is that the inevitable demographic conflicts to come, fueled by the damage done by the family courts, media and the cultural marxists who have given rise to the anti-Western ideology behind them, will finally break the back of the Frankfurt-School. Because it will take nothing less to break the power of the subversive ideologies that have taken hold in Anglo-American academia and mass media as elite thought. But this will take many years to run its course, and you don’t want to wait that long to start a family and get your career going. When you put everything together, you’ll have better prospects in every way for your career and family to stay together in the civil law countries, better protection against financial disasters and better conditions in every other way you can think of. So start making preparations before you've started your family, even more so if you already have one.


This concludes the learned Professor's brilliant contribution to this humble blog. I'm sure I speak for everybody when I say how privileged we are to have a genuine intellectual and legal expert contributing to our corner of the web, on such an important topic. It is also intoxicating to know that law students are asking their professors to address the questions we raise here - I have always said that the only way forward is to focus on the finest young minds; and it seems that strategy is paying off. Who rules elites ultimately rules the masses; and who has the youth has the future.


One question I would like to raise is this: to what extent does Common Law contribute to Anglo women getting away with serious crimes in general? While the learned Professor and other erudite contributors have a lot to say about Divorce, we all know that Anglo-American women can abuse children, commit theft and even murder people with almost complete impunity in America and other Anglosphere countries. Not only the courts but also the police and other related agencies largely turn a blind eye to this behaviour. To what extent does the Common Law tradition sustain this appalling state of affairs?