nhaliday + the-founding   24

Imagine there’s no Congress - The Washington Post
- Adrian Vermeule

In the spirit of John Lennon, let’s imagine, all starry-eyed, that there’s no U.S. Congress. In this thought experiment, the presidency and the Supreme Court would be the only federal institutions, along with whatever subordinate agencies the president chose to create. The court would hold judicial power, while the president would make and execute laws. The president would be bound by elections and individual constitutional rights, but there would be no separation of legislative from executive power.

Would such a system be better or worse than our current system? How different would it be, anyway?
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april 2018 by nhaliday
Christian ethics - Wikipedia
Christian ethics is a branch of Christian theology that defines virtuous behavior and wrong behavior from a Christian perspective. Systematic theological study of Christian ethics is called moral theology, possibly with the name of the respective theological tradition, e.g. Catholic moral theology.

Christian virtues are often divided into four cardinal virtues and three theological virtues. Christian ethics includes questions regarding how the rich should act toward the poor, how women are to be treated, and the morality of war. Christian ethicists, like other ethicists, approach ethics from different frameworks and perspectives. The approach of virtue ethics has also become popular in recent decades, largely due to the work of Alasdair MacIntyre and Stanley Hauerwas.[2]

...

The seven Christian virtues are from two sets of virtues. The four cardinal virtues are Prudence, Justice, Restraint (or Temperance), and Courage (or Fortitude). The cardinal virtues are so called because they are regarded as the basic virtues required for a virtuous life. The three theological virtues, are Faith, Hope, and Love (or Charity).

- Prudence: also described as wisdom, the ability to judge between actions with regard to appropriate actions at a given time
- Justice: also considered as fairness, the most extensive and most important virtue[20]
- Temperance: also known as restraint, the practice of self-control, abstention, and moderation tempering the appetition
- Courage: also termed fortitude, forebearance, strength, endurance, and the ability to confront fear, uncertainty, and intimidation
- Faith: belief in God, and in the truth of His revelation as well as obedience to Him (cf. Rom 1:5:16:26)[21][22]
- Hope: expectation of and desire of receiving; refraining from despair and capability of not giving up. The belief that God will be eternally present in every human's life and never giving up on His love.
- Charity: a supernatural virtue that helps us love God and our neighbors, the same way as we love ourselves.

Seven deadly sins: https://en.wikipedia.org/wiki/Seven_deadly_sins
The seven deadly sins, also known as the capital vices or cardinal sins, is a grouping and classification of vices of Christian origin.[1] Behaviours or habits are classified under this category if they directly give birth to other immoralities.[2] According to the standard list, they are pride, greed, lust, envy, gluttony, wrath, and sloth,[2] which are also contrary to the seven virtues. These sins are often thought to be abuses or excessive versions of one's natural faculties or passions (for example, gluttony abuses one's desire to eat).

originally:
1 Gula (gluttony)
2 Luxuria/Fornicatio (lust, fornication)
3 Avaritia (avarice/greed)
4 Superbia (pride, hubris)
5 Tristitia (sorrow/despair/despondency)
6 Ira (wrath)
7 Vanagloria (vainglory)
8 Acedia (sloth)

Golden Rule: https://en.wikipedia.org/wiki/Golden_Rule
The Golden Rule (which can be considered a law of reciprocity in some religions) is the principle of treating others as one would wish to be treated. It is a maxim that is found in many religions and cultures.[1][2] The maxim may appear as _either a positive or negative injunction_ governing conduct:

- One should treat others as one would like others to treat oneself (positive or directive form).[1]
- One should not treat others in ways that one would not like to be treated (negative or prohibitive form).[1]
- What you wish upon others, you wish upon yourself (empathic or responsive form).[1]
The Golden Rule _differs from the maxim of reciprocity captured in do ut des—"I give so that you will give in return"—and is rather a unilateral moral commitment to the well-being of the other without the expectation of anything in return_.[3]

The concept occurs in some form in nearly every religion[4][5] and ethical tradition[6] and is often considered _the central tenet of Christian ethics_[7] [8]. It can also be explained from the perspectives of psychology, philosophy, sociology, human evolution, and economics. Psychologically, it involves a person empathizing with others. Philosophically, it involves a person perceiving their neighbor also as "I" or "self".[9] Sociologically, "love your neighbor as yourself" is applicable between individuals, between groups, and also between individuals and groups. In evolution, "reciprocal altruism" is seen as a distinctive advance in the capacity of human groups to survive and reproduce, as their exceptional brains demanded exceptionally long childhoods and ongoing provision and protection even beyond that of the immediate family.[10] In economics, Richard Swift, referring to ideas from David Graeber, suggests that "without some kind of reciprocity society would no longer be able to exist."[11]

...

hmm, Meta-Golden Rule already stated:
Seneca the Younger (c. 4 BC–65 AD), a practitioner of Stoicism (c. 300 BC–200 AD) expressed the Golden Rule in his essay regarding the treatment of slaves: "Treat your inferior as you would wish your superior to treat you."[23]

...

The "Golden Rule" was given by Jesus of Nazareth, who used it to summarize the Torah: "Do to others what you want them to do to you." and "This is the meaning of the law of Moses and the teaching of the prophets"[33] (Matthew 7:12 NCV, see also Luke 6:31). The common English phrasing is "Do unto others as you would have them do unto you". A similar form of the phrase appeared in a Catholic catechism around 1567 (certainly in the reprint of 1583).[34] The Golden Rule is _stated positively numerous times in the Hebrew Pentateuch_ as well as the Prophets and Writings. Leviticus 19:18 ("Forget about the wrong things people do to you, and do not try to get even. Love your neighbor as you love yourself."; see also Great Commandment) and Leviticus 19:34 ("But treat them just as you treat your own citizens. Love foreigners as you love yourselves, because you were foreigners one time in Egypt. I am the Lord your God.").

The Old Testament Deuterocanonical books of Tobit and Sirach, accepted as part of the Scriptural canon by Catholic Church, Eastern Orthodoxy, and the Non-Chalcedonian Churches, express a _negative form_ of the golden rule:

"Do to no one what you yourself dislike."

— Tobit 4:15
"Recognize that your neighbor feels as you do, and keep in mind your own dislikes."

— Sirach 31:15
Two passages in the New Testament quote Jesus of Nazareth espousing the _positive form_ of the Golden rule:

Matthew 7:12
Do to others what you want them to do to you. This is the meaning of the law of Moses and the teaching of the prophets.

Luke 6:31
Do to others what you would want them to do to you.

...

The passage in the book of Luke then continues with Jesus answering the question, "Who is my neighbor?", by telling the parable of the Good Samaritan, indicating that "your neighbor" is anyone in need.[35] This extends to all, including those who are generally considered hostile.

Jesus' teaching goes beyond the negative formulation of not doing what one would not like done to themselves, to the positive formulation of actively doing good to another that, if the situations were reversed, one would desire that the other would do for them. This formulation, as indicated in the parable of the Good Samaritan, emphasizes the needs for positive action that brings benefit to another, not simply restraining oneself from negative activities that hurt another. Taken as a rule of judgment, both formulations of the golden rule, the negative and positive, are equally applicable.[36]

The Golden Rule: Not So Golden Anymore: https://philosophynow.org/issues/74/The_Golden_Rule_Not_So_Golden_Anymore
Pluralism is the most serious problem facing liberal democracies today. We can no longer ignore the fact that cultures around the world are not simply different from one another, but profoundly so; and the most urgent area in which this realization faces us is in the realm of morality. Western democratic systems depend on there being at least a minimal consensus concerning national values, especially in regard to such things as justice, equality and human rights. But global communication, economics and the migration of populations have placed new strains on Western democracies. Suddenly we find we must adjust to peoples whose suppositions about the ultimate values and goals of life are very different from ours. A clear lesson from events such as 9/11 is that disregarding these differences is not an option. Collisions between worldviews and value systems can be cataclysmic. Somehow we must learn to manage this new situation.

For a long time, liberal democratic optimism in the West has been shored up by suppositions about other cultures and their differences from us. The cornerpiece of this optimism has been the assumption that whatever differences exist they cannot be too great. A core of ‘basic humanity’ surely must tie all of the world’s moral systems together – and if only we could locate this core we might be able to forge agreements and alliances among groups that otherwise appear profoundly opposed. We could perhaps then shelve our cultural or ideological differences and get on with the more pleasant and productive business of celebrating our core agreement. One cannot fail to see how this hope is repeated in order buoy optimism about the Middle East peace process, for example.

...

It becomes obvious immediately that no matter how widespread we want the Golden Rule to be, there are some ethical systems that we have to admit do not have it. In fact, there are a few traditions that actually disdain the Rule. In philosophy, the Nietzschean tradition holds that the virtues implicit in the Golden Rule are antithetical to the true virtues of self-assertion and the will-to-power. Among religions, there are a good many that prefer to emphasize the importance of self, cult, clan or tribe rather than of general others; and a good many other religions for whom large populations are simply excluded from goodwill, being labeled as outsiders, heretics or … [more]
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april 2018 by nhaliday
Religion in ancient Rome - Wikipedia
Religious persecution in the Roman Empire: https://en.wikipedia.org/wiki/Religious_persecution_in_the_Roman_Empire
The religion of the Christians and Jews was monotheistic in contrast to the polytheism of the Romans.[16] The Romans tended towards syncretism, seeing the same gods under different names in different places of the Empire. This being so, they were generally tolerant and accommodating towards new deities and the religious experiences of other peoples who formed part of their wider Empire.[17] This general tolerance was not extended to religions that were hostile to the state nor any that claimed exclusive rights to religious beliefs and practice.[17]

By its very nature the exclusive faith of the Jews and Christians set them apart from other people, but whereas the former group was in the main contained within a single national, ethnic grouping, in the Holy Land and Jewish diaspora—the non-Jewish adherents of the sect such as Proselytes and God-fearers being considered negligible—the latter was active and successful in seeking converts for the new religion and made universal claims not limited to a single geographical area.[17] Whereas the Masoretic Text, of which the earliest surviving copy dates from the 9th century AD, teaches that "the Gods of the gentiles are nothing", the corresponding passage in the Greek Septuagint, used by the early Christian Church, asserted that "all the gods of the heathens are devils."[18] The same gods whom the Romans believed had protected and blessed their city and its wider empire during the many centuries they had been worshipped were now demonized[19] by the early Christian Church.[20][21]

Persecution of Christians in the Roman Empire: https://en.wikipedia.org/wiki/Persecution_of_Christians_in_the_Roman_Empire
"The exclusive sovereignty of Christ clashed with Caesar's claims to his own exclusive sovereignty."[4]:87 The Roman empire practiced religious syncretism and did not demand loyalty to one god, but they did demand preeminent loyalty to the state, and this was expected to be demonstrated through the practices of the state religion with numerous feast and festival days throughout the year.[6]:84-90[7] The nature of Christian monotheism prevented Christians from participating in anything involving 'other gods'.[8]:60 Christians did not participate in feast days or processionals or offer sacrifices or light incense to the gods; this produced hostility.[9] They refused to offer incense to the Roman emperor, and in the minds of the people, the "emperor, when viewed as a god, was ... the embodiment of the Roman empire"[10], so Christians were seen as disloyal to both.[4]:87[11]:23 In Rome, "religion could be tolerated only as long as it contributed to the stability of the state" which would "brook no rival for the allegiance of its subjects. The state was the highest good in a union of state and religion."[4]:87 In Christian monotheism the state was not the highest good.[4]:87[8]:60

...

According to the Christian apologist Tertullian, some governors in Africa helped accused Christians secure acquittals or refused to bring them to trial.[15]:117 Overall, Roman governors were more interested in making apostates than martyrs: one proconsul of Asia, Arrius Antoninus, when confronted with a group of voluntary martyrs during one of his assize tours, sent a few to be executed and snapped at the rest, "If you want to die, you wretches, you can use ropes or precipices."[15]:137

...

Political leaders in the Roman Empire were also public cult leaders. Roman religion revolved around public ceremonies and sacrifices; personal belief was not as central an element as it is in many modern faiths. Thus while the private beliefs of Christians may have been largely immaterial to many Roman elites, this public religious practice was in their estimation critical to the social and political well-being of both the local community and the empire as a whole. Honoring tradition in the right way — pietas — was key to stability and success.[25]
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november 2017 by nhaliday
Dead Souls: The Denationalization of the American Elite
- Huntington, 2004

https://twitter.com/tcjfs/status/889953571650891776

The views of the general public on issues of national identity differ significantly from those of many elites. The public, overall, is concerned with physical security but also with societal security, which involves the sustainability--within acceptable conditions for evolution--of existing patterns of language, culture, association, religion and national identity. For many elites, these concerns are secondary to participating in the global economy, supporting international trade and migration, strengthening international institutions, promoting American values abroad, and encouraging minority identities and cultures at home. The central distinction between the public and elites is not isolationism versus internationalism, but nationalism versus cosmopolitanism.

...

Estimated to number about 20 million in 2000, of whom 40 percent were American, this elite is expected to double in size by 2010. Comprising fewer than 4 percent of the American people, these transnationalists have little need for national loyalty, view national boundaries as obstacles that thankfully are vanishing, and see national governments as residues from the past whose only useful function is to facilitate the elite's global operations. In the coming years, one corporation executive confidently predicted, "the only people who will care about national boundaries are politicians."

...

In August 1804, Walter Scott finished writing The Lay of the Last Minstrel. Therein, he
asked whether

"Breathes there the man with soul so dead
Who never to himself hath said:
'This is my own, my native Land?'
Whose heart hath ne'er within him burned
As home his footsteps he hath turned, . . .
From wandering on a foreign strand?"

A contemporary answer to Scott's question is: Yes, the number of dead souls is small
but growing among America's business, professional, intellectual and academic elites.
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july 2017 by nhaliday
American Spring | Museum of the American Revolution
“The use of pseudonyms or pen names by contributors was not at all unusual in those days, but just why writers adopted them is an interesting question. There usually was little mystery — among the well informed, at least — as to the true identity of an author. Newspapers were leaky sieves of gossip and innuendo. Libel laws may have been of some concern, but prosecution was usually reserved for blatant assaults on individual character rather than advocacy of general political views. Such presumed anonymity tended, however, to allow authors to express views more pointed and accusations more personal than if they had signed their own names. Some authors no doubt also felt that such pseudonyms — particularly when they referenced noted Roman statesmen or were otherwise Latin flavored — added a mark of distinction and gravity to their words.

“Samuel Adams appears to have used at least twenty-five pseudonyms, including Candidus, Populus, and A Son of Liberty, and Alexander Hamilton (Publius, Americanus), Benjamin Franklin (Silence Dogood, Richard Saunders), Robert Livingston (Cato), and James Madison (Helvidius) all employed pen names. Another advantage, according to journalism historian Eric Burns, was that the more pseudonyms an author used, ‘the more likely it was that readers would think of him as several authors [and] his views, therefore, would seem to be held by many rather than simply one man with a prolific pen.’

https://en.wikipedia.org/wiki/List_of_pseudonyms_used_in_the_American_Constitutional_debates
https://www.jstor.org/stable/3125034

http://press-pubs.uchicago.edu/founders/documents/amendI_speechs16.html
Benjamin Franklin, An Account of the Supremest Court of Judicature in Pennsylvania, viz., The Court of the Press

...

Of the Checks proper to be established against the Abuse of Power in these Courts.

Hitherto there are none. But since so much has been written and published on the federal Constitution, and the necessity of checks in all other parts of good government has been so clearly and learnedly explained, I find myself so far enlightened as to suspect some check may be proper in this part also; but I have been at a loss to imagine any that may not be construed an infringement of the sacred liberty of the press. At length, however, I think I have found one that, instead of diminishing general liberty, shall augment it; which is, by restoring to the people a species of liberty, of which they have been deprived by our laws, I mean the liberty of the cudgel. In the rude state of society prior to the existence of laws, if one man gave another ill language, the affronted person would return it by a box on the ear, and, if repeated, by a good drubbing; and this without offending against any law. But now the right of making such returns is denied, and they are punished as breaches of the peace; while the right of abusing seems to remain in full force, the laws made against it being rendered ineffectual by the liberty of the press.

My proposal then is, to leave the liberty of the press untouched, to be exercised in its full extent, force, and vigor; but to permit the liberty of the cudgel to go with it pari passu. Thus, my fellow-citizens, if an impudent writer attacks your reputation, dearer to you perhaps than your life, and puts his name to the charge, you may go to him as openly and break his head. If he conceals himself behind the printer, and you can nevertheless discover who he is, you may in like manner way-lay him in the night, attack him behind, and give him a good drubbing. Thus far goes my project as to private resentment and retribution. But if the public should ever happen to be affronted, as it ought to be, with the conduct of such writers, I would not advise proceeding immediately to these extremities; but that we should in moderation content ourselves with tarring and feathering, and tossing them in a blanket.

If, however, it should be thought that this proposal of mine may disturb the public peace, I would then humbly recommend to our legislators to take up the consideration of both liberties, that of the press, and that of the cudgel, and by an explicit law mark their extent and limits; and, at the same time that they secure the person of a citizen from assaults, they would likewise provide for the security of his reputation.

https://twitter.com/ThomasHCrown/status/902616970784370689
https://archive.is/yGAKs
1/ Americans, especially journalists, don't really understand why the First Amendment exists or how it came to be.
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july 2017 by nhaliday
Amendment I (Religion): Edmund Burke, Speech on Conciliation with the Colonies
It happened, you know, Sir, that the great contests for freedom in this country were from the earliest times chiefly upon the question of taxing. Most of the contests in the ancient commonwealths turned primarily on the right of election of magistrates; or on the balance among the several orders of the state. The question of money was not with them so immediate. But in England it was otherwise. On this point of taxes the ablest pens, and most eloquent tongues, have been exercised; the greatest spirits have acted and suffered.
https://twitter.com/tcjfs/status/882269939461181441/
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july 2017 by nhaliday
Proto-Indo-European society - Wikipedia
Linguistics has allowed the reliable reconstruction of a large number of words relating to kinship relations. These all agree in exhibiting a patriarchal, patrilocal and patrilineal social fabric. Patrilocality is confirmed by lexical evidence, including the word *h2u̯edh, "to lead (away)", being the word that denotes a male wedding a female (but not vice versa). It is also the dominant pattern in historical IE societies, and matrilocality would be unlikely in a patrilineal society.[1]

Inferences have been made for sacral kingship, suggesting the tribal chief at the same time assumed the role of high priest. Georges Dumézil suggested for Proto-Indo-European society a threefold division of a clerical class, a warrior class and a class of farmers or husbandmen, on his interpretations that many historically known groups speaking Indo-European languages show such a division, but Dumézil's approach has been widely criticised.[citation needed]

If there was a separate class of warriors, it probably consisted of single young men. They would have followed a separate warrior code unacceptable in the society outside their peer-group.[citation needed] Traces of initiation rites in several Indo-European societies (e.g. early Slav, Volcae, Neuri and their lupine ritualism) suggest that this group identified itself with wolves or dogs (see Berserker, Werewolf, Wild Hunt).

The people were organized in settlements (*weiḱs; Sanskrit viś, Polish wieś "village"; Ancient Greek woikos "home"; Latin vicus), probably each with its chief (*h₃rēǵs—Sanskrit rājan, Latin rex, reg-, Gaulish -riks). These settlements or villages were further divided in households (*domos; Latin domus, Polish dom), each headed by a patriarch (*dems-potis; Ancient Greek despotes, Sanskrit dampati, Polish pan domu).

...

Proto-Indo-European society depended on animal husbandry. People valued cattle (*péḱu – Vedic Sanskrit páśu, Latin pecu- *gʷōus – Sanskrit go, Latin bo-) as their most important animals, measuring a man's wealth by the number of cows he owned (Latin pecunia 'money' from pecus). Sheep (*h₃ówis) and goats (*gʰáidos) were also kept, presumably by the less wealthy. Agriculture and catching fish (*písḱos) also featured.[original research?]

The domestication of the horse (*h₁eḱuos – Vedic Sanskrit áśvas, Latin equus, Greek hippos) (see Tarpan) may have originated with these peoples: scholars sometimes invoke this as a factor contributing to their rapid expansion.

Trifunctional hypothesis: https://en.wikipedia.org/wiki/Trifunctional_hypothesis
The trifunctional hypothesis of prehistoric Proto-Indo-European society postulates a tripartite ideology ("idéologie tripartite") reflected in the existence of three classes or castes—priests, warriors, and commoners (farmers or tradesmen)—corresponding to the three functions of the sacral, the martial and the economic, respectively. The trifunctional thesis is primarily associated with the French mythographer Georges Dumézil,[1] who proposed it in 1929 in the book Flamen-Brahman,[2] and later in Mitra-Varuna.[3]

...

According to Dumézil (1898-1986), Proto-Indo-European society comprised three main groups corresponding to three distinct functions:[2][3]

- Sovereignty, which fell into two distinct and complementary sub-parts:
* one formal, juridical and priestly but worldly;
* the other powerful, unpredictable, and also priestly but rooted in the supernatural world.
- Military, connected with force, the military and war.
- Productivity, herding, farming and crafts; ruled by the other two.

The Trinity and the Indo-European Tripartite Worldview: http://www.jedp.com/trinity.html

Proto-Indo-European religion: https://en.wikipedia.org/wiki/Proto-Indo-European_religion
Various schools of thought exist regarding the precise nature of Proto-Indo-European religion, which do not always agree with each other. Vedic mythology, Roman mythology, and Norse mythology are the main mythologies normally used for comparative reconstruction, though they are often supplemented with supporting evidence from the Baltic, Celtic, Greek, Slavic, and Hittite traditions as well.

The Proto-Indo-European pantheon includes well-attested deities such as *Dyḗus Pḥatḗr, the god of the daylit skies, his daughter *Haéusōs, the goddess of the dawn, the Horse Twins, and the storm god *Perkwunos. Other probable deities include *Péh2usōn, a pastoral god, and *Seh2ul, a Sun goddess.

Well-attested myths of the Proto-Indo-Europeans include a myth involving a storm god who slays a multi-headed serpent that dwells in water, a myth about the Sun and Moon riding in chariots across the sky, and a creation story involving two brothers, one of whom sacrifices the other to create the world. The Proto-Indo-Europeans may have believed that the Otherworld was guarded by a watchdog and could only be reached by crossing a river. They also may have believed in a world tree, bearing fruit of immortality, either guarded by or gnawed on by a serpent or dragon, and tended by three goddesses who spun the thread of life.

...

The Functionalist School holds that Proto-Indo-European society and, consequently, their religion, was largely centered around the trifunctional system proposed by Georges Dumézil,[5] which holds that Proto-Indo-European society was divided into three distinct social classes: farmers, warriors, and priests.[5][6] The Structuralist School, by contrast, argues that Proto-Indo-European religion was largely centered around the concept of dualistic opposition.[7] This approach generally tends to focus on cultural universals within the realm of mythology, rather than the genetic origins of those myths,[7] but it also offers refinements of the Dumézilian trifunctional system by highlighting the oppositional elements present within each function, such as the creative and destructive elements both found within the role of the warrior.[7]

...

Another of the most important source mythologies for comparative research is Roman mythology.[8][10] Contrary to the frequent erroneous statement made by some authors that "Rome has no myth", the Romans possessed a very complex mythological system, parts of which have been preserved through the unique Roman tendency to rationalize their myths into historical accounts.[11] Despite its relatively late attestation, Norse mythology is still considered one of the three most important of the Indo-European mythologies for comparative research,[8] simply due to the vast bulk of surviving Icelandic material.[10]

...

The usual scheme is that one of these celestial deities is male and the other female, though the exact gender of the Sun or Moon tends to vary among subsequent Indo-European mythologies.[38] The original Indo-European solar deity appears to have been female,[38] a characteristic not only supported by the higher number of sun goddesses in subsequent derivations (feminine Sól, Saule, Sulis, Solntse—not directly attested as a goddess, but feminine in gender — Étaín, Grían, Aimend, Áine, and Catha versus masculine Helios, Surya, Savitr, Usil, and Sol) (Hvare-khshaeta is of neutral gender),[38] but also by vestiges in mythologies with male solar deities (Usil in Etruscan art is depicted occasionally as a goddess, while solar characteristics in Athena and Helen of Troy still remain in Greek mythology).[38] The original Indo-European lunar deity appears to have been masculine,[38] with feminine lunar deities like Selene, Minerva, and Luna being a development exclusive to the eastern Mediterranean. Even in these traditions, remnants of male lunar deities, like Menelaus, remain.[38]

Although the sun was personified as an independent, female deity, the Proto-Indo-Europeans also visualized the sun as the eye of *Dyḗus Pḥatḗr, as seen in various reflexes: Helios as the eye of Zeus,[39][40] Hvare-khshaeta as the eye of Ahura Mazda, and the sun as "God's eye" in Romanian folklore.[41] The names of Celtic sun goddesses like Sulis and Grian may also allude to this association; the words for "eye" and "sun" are switched in these languages, hence the name of the goddesses.[42][38]
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may 2017 by nhaliday
Tocqueville: Book II Chapter 8: HOW THE AMERICANS COMBAT INDIVIDUALISM BY THE PRINCIPLE OF SELF-INTEREST RIGHTLY UNDERSTOOD
When the world was managed by a few rich and powerful individuals, these persons loved to entertain a lofty idea of the duties of man. They were fond of professing that it is praiseworthy to forget oneself and that good should be done without hope of reward, as it is by the Deity himself. Such were the standard opinions of that time in morals.
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february 2017 by nhaliday
Tocqueville on Mexico | Marginal Restoration
The Constitution of the United States resembles those beautiful creations of human industry which insure wealth and renown to their inventors, but which are profitless in other hands. This truth is exemplified by the condition of Mexico at the present time. The Mexicans were desirous of establishing a federal system, and they took the Federal Constitution of their neighbors, the Anglo-Americans, as their model, and copied it entirely. But although they had borrowed the letter of the law, they could not introduce the spirit and the sense which give it life. They were involved in ceaseless embarrassments by the mechanism of their double government; the sovereignty of the States and that of the Union perpetually exceeded their respective privileges, and came into collision; and to the present day Mexico is alternately the victim of anarchy and the slave of military despotism. … To the south, the Union has a point of contact with the empire of Mexico; and it is thence that serious hostilities may one day be expected to arise. But for a long while to come, the uncivilized state of the Mexican people, the depravity of their morals, and their extreme poverty, will prevent that country from ranking high amongst nations.

https://en.wikipedia.org/wiki/1824_Constitution_of_Mexico

Influences from the United States on the Mexican Constitution of 1824: http://sci-hub.tw/http://www.jstor.org/stable/40167747

Beyond the indirect influence of Americans on the shaping of the Mexican constitution was the fact that its draftsmen made extensive adaptations from the American instrument of 1787. In some parts theConstitution of 1824 was almost a transcript of its Philadelphia prototype, but viewed in the whole it was not a slavish copy. Much substance and many particular provisions were taken from the liberal Spanish Constitution of 1812.37 Although the Mexican lawmakers may have reposed a naive faith in the American system, they certainly altered the borrowed provisions to fit the peculiar situation in their own country. A comparison of the two documents will demonstrate this.

In certain broad aspects the two constitutions were strikingly similar.38 The basic principle of a confederation of semi-sovereign states into a single political entity - with a balance of power between executive, legislative, and judicial departments - was the same in both Moreover, each charter expressed the same general aspirations toward liberalism in providing for the advancement of education and science the establishment of patents and copyrights, the freedom of the press, and the abolition of such abuses in the administration of justice as torture, confiscation of property, ex post facto laws, search and seizure without a warrant, conviction without proper legal procedure, and imprisonment on mere suspicion. The Mexican constitution, however, did not guarantee the peculiarly Anglo-American institution of trial by jury.

https://twitter.com/tcjfs/status/901528359313735680
Mar 6, 1882, Sen James George:

If it were true (which I deny) that this bill is in conflict with the logic of the political theories in regard to the rights of mankind, which have heretofore prevailed in this country, that is no insuperable objection to its passage. I do not deny that every measure should be weighed and considered in the light of accepted and recognized principles, but I do deny that every measure, however necessary to the welfare and the happiness of the people of the United States, however accordant to the teachings of experience and history, should be condemned because it conflicts with the theories of a speculative and Utopian scheme for the administration of the affairs of this world.

Our Government has attained its present astonishing grandeur and vigor because it is the result of the growth and development of Anglo-Saxon ideas, put into practical operation by Anglo-Saxon common sense. It has not grown according to a rule prescribed by an inexorable logic, reasoning from premises which assumed an ideal perfection in human nature and attainable in human institutions. Our Constitution is the work of men, intended for the government of men, not of angels or demi-gods. It recognizes human frailties and human passions, and seeks no unattainable perfection. It was made by the American people for themselves and their posterity, not for the human race. It was ordained by the American people for their own happiness and their own welfare, and the welfare of such others as they should choose of their own free will to admit to American citizenship. That our institutions are stable; that they attain the ends of good government-security to life, liberty, and property, the progress and happiness of the American people; that they can stand any strain, however great, occasioned by unlocked-for and calamitous emergencies, is because they were evolved and were modified as circumstances demanded, and were not the result of the a priori reasonings of political theorists."

But even more striking than the similarities were the differences. The most significant of these were in the provisions that defined church-state relations, and in those that outlined the powers of the president. A foundation-stone of the American system was the guarantee of freedom of religious thought and worship. Although the United States Constitution contained no expression of this principle, the First Amendment in 1 79 1 specified that Congress could make no law respecting "the establishment of religion" or the prohibition of worship. In direct contrast was Article III of the Mexican Constitution, which read: "The religion of the Mexican Nation is, and shall be perpetually, the Apostolic Roman Catholic. The Nation protects it by wise and just laws, and prohibits the exercise of any other." Purity of religion had been one of the tenets of the Plan of Iguala in 1821, and this fact rendered it difficult if not impossible to omit such a provision in the Constitution of 1824.

Because they had experienced the evils of a weak central authority under the Articles of Confederation, the founding fathers of 1787 invested the office of president with strong powers. Exactly the reverse was true in Mexico in 1824. The Mexican framers had before them the example of the dictatorial rule of Iturbide, and consequently they hedged the executive office with restrictions so that the incumbent could not legally exercise extreme power. As in the American system, the Mexican president would serve four years; but unlike his northern counterpart he could neither succeed himself nor again hold the office until four years had elapsed. He was designated commander-in-chief of the national forces, but could not command in person without the consent of the federal legislature. His "regulations, decrees, and orders" were not effective until signed by the secretary of the department to be governed by them, and he had no appointive power over the courts. The judges of the Supreme Court of Mexico were to be elected by the majority vote of the state legislatures.

related: https://pinboard.in/u:nhaliday/b:f6ee8773e981
(Greg mentioned common law in one interview)

https://twitter.com/NoamJStein/status/952598279359000582
https://archive.is/D68Vm
https://archive.is/GcsWK
https://archive.is/kJMAa
it's not even a hypothetical: newly independent Latin Americans in the 19th century copied the US constitution, sometimes word for word. didn't work, obviously

The word "Institutions" has become a form of stopthink.
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december 2016 by nhaliday

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