So, too, judicial opinions reflect changes in history and socio-economic developments over time which avail themselves of the Hegelian dialectic as expressed in Capitalist and Socialist theory. Yet, in the spirit of Ludwig von Mises and great thinkers from time immemorial, judges acknowledge the essential qualities of human nature – self-interest, greed, empathy and affection. Judges exercise independent judgment absent partisanship. So, to what do we attribute judicial repeal of time honored legal precedent, especially when these changes in the law coincidentally parallel new economic events and changes in popular will? These theories should be immutable regardless of the nature of economic times, regardless of boom or bust. Unlike legislators, judges are bound by codes of ethics to abide the rule of law first and foremost as it embodies theories of democracy, fairness and justice. Citizens ask for a repeal of burdensome laws in times of business prosperity and, in turn, for social measures in times of hardship. In example, the legislature acts in response to changes in popular will with developments in human history. This is an example of the philosophical construct of dialectical materialism. From the beginning of Colonial America until the current presidency, America has evolved in cycles of “boom and bust,” high surges in Capitalist creativity and profit absent imposing regulation to despairs of economic failure and the lessening burden of governmental business safe harbors and social safety nets. Humans as a species are also affectionate and emphatic. As history indicates, humans are innately inquisitive and acquisitively self-interested. Rather, it is an expression of the Janus dualism in human nature. The current expression in America of this phenomenon, of a demand for government and economic creativity, is not a full destructive critique of Socialist expressions in the American government and economy. Americans who enjoy new goods and services and a sense of patriotism economic creativity engenders ask for reforms in government to facilitate further business development. Entrepreneurs are emerging in all business sectors. Much of the current trend toward a rebirth of Capitalism is a result of new technology and the creativity it has inspired in the area of commerce. This bureaucratic state is currently in a period of contraction, with the undoing of some Socialist theories and returning to earlier thoughts of Capitalism. Through rational, reasoned reform of its Capitalist governing structure overtime, America has achieved its current bureaucratic state. An additional element is the economic Capitalist-Socialist continuum which evolves in dialectical form and is expressed in the governing structure of the community. The many elements include: religion, science, philosophy, art, literature and education. The various elements of the community each evolve along the Hegelian dialectic from existence to critique to synthetic improvement. Regardless of one’s belief in the source or definition of the Idea, humans evolve incrementally, improving life in their community. Hegel, is humankind’s striving toward the absolute freedom of the species in actualization of an unknown Idea, the consummation of evolution. This dualism, the points along a continuum of Capitalism and Socialism, in the philosophy of G.W.F. And, such regulation, though democratic and Capitalistic in spirit and theory, is Socialist in result. In a complex era of high technology and big industry, this Socialist leaning is unavoidable if Capitalism is to survive. This modern bureaucratic state has placed upon the private sector a primary motive of being that departs from the for-profit motive of Capitalism and imposes that of ensuring legal compliance. The President, as a modern Executive, is empowered with an enormous regulatory bureaucracy which is overseen in a manner of checks and balances by the other two branches. Constitution creates three branches of government: the Legislature, the Executive and the Judiciary. In the United States, Capitalism is structurally restrained by bureaucratic reforms based upon theories of the public interest, nationalism and the commonweal, all theories of Socialist empathy. In the Hegelian theory of dialectical materialism of existence, critique and synthesis in remedy and solution, Capitalism is destroyed in part periodically by Socialist reform and then reborn again. Socialism may be impossible yet it is unavoidable and must occur in cycles of reform with Capitalism.
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