American Law Is Becoming an Ass, by Fay Voshell.
Whatever objections may be leveled at Ayn Rand’s objectivist philosophy, she certainly knew what arbitrary law looked like. Her father’s business was seized during the Bolshevik Revolution, and she herself was purged from Petrograd State University because she was considered a member of the bourgeoisie.
When arbitrary law is established, the law becomes an ass. In other words, the law as created by legislatures and administered by the courts cannot be relied upon to reflect common sense or to be fair.
As Rand later wrote: “The threat of sudden destruction, of unpredictable retaliation for unnamed offenses, is a much more potent means of enslavement than explicit dictatorial laws. It demands more than mere obedience; it leaves men no policy save one: to please the authorities; to please — blindly, uncritically, without standards or principles; to please — in any issue, matter or circumstance, for fear of an unknowable, unprovable vengeance.”
America is gradually acceding to the arbitrary law Rand knew so well. Be it unwitting transgressions against the latest permutation of leftist ideology or ignorance of sheer bureaucratic complexity, any American peaceably sitting in the family living room can be accused of breaking the law. Under capricious law, the citizen cannot know when he or she will be charged with some offense against the powers that be. The result of chronic uncertainty is perpetual anxiety leading to ulcers of the spirit. …
Traditional law is being replaced by leftism:
Speaking generally, the justificatory bases for Western law can be divided into two categories; one basis being the Judeo-Christian law as summarized by the Ten Commandments and undergirded by the realities of natural law. The other, especially in the last century or so, is arbitrary law decided by a political party’s ideology. ….
One “insect” among many in the teeming American Christian anthill is Jack Phillips, the baker whose case will be ruled on before the Supreme Court. An insect like him dared to act according to his conscience, angering a same-sex couple who believed that ant Phillips must be crushed underfoot and his business destroyed. Phillips was basically presented with a choice: Convert his thinking to conform with LGBT ideology or effectively perish as a functioning member of society.
Thought crimes such as Phillips was accused of create a category of capricious law that has been and are particularly useful for what is essentially retooled Bolshevism done American style. There is no end to legal arbitrariness if thoughts are crimes, for thought crimes make a mockery of the rule of law. Actual guilt or innocence are completely unmoored from the law, which traditionally is supposed to assign guilt to actual transgressions. Anyone can be charged as guilty if he or she will not speak the Newspeak, now characterized by gender-neutral terminology.
Now one can, by attributing a wrong thought or word, make a man out to be guilty, as Canadian Professor Jordan Peterson found out when he refused to use gender neutral pronouns on demand. The idea was that Peterson must employ the language utilized in transgender liturgy or be declared heretic and worthy of excommunication from academia. …
What rational observer cannot observe the unyielding assault on the rule of law as the left inexorably and relentlessly seeks to eliminate any distinction between the law and the left’s will? Who cannot see that as the law is increasingly detached from its traditional Western moorings, it has increasingly become a mere manipulative tool to persecute and oppress political and religious opposition … ?