Category Archives: Law

What’s the connection between Bruce Pascoe and Cardinal Pell?

Bruce Pascoe’s history of the Aboriginals before European settlement is the way the story should be. His DARK EMU is the story that best fits the times and the prevailing ‘moral’ mood. Cardinal Pell is in jail convicted of child sexual abuse because that’s the way the story should be. That’s the story that suits the mood and the feelings of his accusers. The established and observable detail makes no difference in both cases. Those established and observable details just give one particular scenario of what is alleged true and just. It is a narrative that has no privilege.

One may ask where this madness comes from. Well, the immediate source is the academic precinct where the purveyors of Marxism and postmodernism tell their students what to say and think. More remote is the dialectic of Hegel whose metaphysics has a line back to the Greek Heraclitus. The idea is that reality is in constant flux, constant change. In Marx’s materialist dialectic reality is conflictual.

Hegel, and Marx following him, proposed that the world is not only in flux but constantly evolving. The social ‘truths’ of Marx’s superstructure are generated by the production relations and economic base. If the base is bad, so are the ‘truths’. Capitalism, a market economy for most of us, is a very bad base. In time, we will evolve (perhaps with some violent help) away from that badness.

Of course, few people who swallow the Marxist and postmodernist scenarios will be ready to defend their social creed with chapter and verse of their Scripture. No, most have only a vague idea of the theoretical tangle. But they have a concrete-solid mentality and they feel the vibe. That’s the important thing.

That’s why Louise Milligan does not reply to criticism of her poisonous book about Cardinal Pell. Nor does she answer the heavy criticism of the court case and the appeal by legal academics and professionals around the world. We’re all just a pack of unfeeling monsters who sympathise with clerical paedophiles rather than the victims – heartless people who don’t feel the prescribed vibe.

The same holds for Bruce Pascoe who refuses to explain why he calls himself indigenous when the records shows no Aboriginal origin. Indeed, the records show, as does his pink complexion, that his ancestors come from the British Isles.

All this explains why Australia finds itself in 2019 dumbed-down and degraded. We are in an age of unreason.

Our political Sissies

Big George Brandis, the Attorney-General in the Turnbull government, sobbed when denouncing Pauline Hanson’s Burka stunt in the Senate. The stunt was wearing a full identity-crushing Islamic cover to make a point the majority of Australians would agree with. In a similar spirit, Sydney University’s Vice-Chancellor Michael Spence could not suppress a sob when speaking about the concocted report about rape and sexual harassment on Australia’s campuses. Bettina Arndt, for one, demolished that delusional report. Yesterday we were treated to sobs from WA’s Health Minister Roger Cook over the success of the government’s suicide bill.

My message to those estrogen-soaked male politicians: Get a grip and stop drinking soy milk. It’s embarrassing.

Summary of the Pell Papers

Chris S Friel working from the other side of the world has done outstanding work on the Cardinal Pell Affair. He has produced a series of sharp compelling analyses of all the important features of Cardinal’s conviction for the sexual abuse of a minor. Friel’s work will be in the frontline of any research serious investigators undertake in scrutinising of one of the most shocking sets of circumstances in Australia’s history.

On the eve of The High Court of Australia’s decision about allowing an appeal, Friel has posted an extremely useful summary of the work he has done. One can access it on the Academia website. I have reproduced it on my primary website.

A corroboree of jobbery: Daniel Andrews’ First People’s Assembly

By J.D. Morecambe

This article appeared in a September issue of Spectator Australia. The author has kindly allowed me to post it here.

On Monday morning (16 September), voting began to elect the new ‘First Peoples’ Assembly of Victoria‘. This ‘voice for Aboriginal communities’ seeks to represent all ‘self-identifying’ Victorian aboriginals in a process which will establish a ‘treaty or treaties’ with the Victorian State Government.

The election will decide 21 of 32 ‘gender-balanced’ seats on the new Assembly, with the remaining 11 set aside for a kind of aboriginal House of Lords, appointed (or ‘self-determined’) by a network of ‘Traditional Owner Groups’ or ‘Aboriginal Corporations‘.

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Edmund Burke and the Magna Carta

A reading by Gerard Charles Wilson at the Savage Club celebrating the 800th anniversary of the sealing of the Magna Carta on 15th June 1215.

In the eighth chapter of his Abridgment of English History, Edmund Burke provides us with an account of King John’s reign. He records that it was near the end of John’s reign that the barons forced him to place the royal seal on provisions and undertakings that form the document call Magna Carta, Latin for Great Charter. The Abridgment of English History is a little known and almost entirely disregarded work of Burke’s. He began it in 1757 as a commission from publisher Robert Dodsley. It was one of the projects taken up when he abandoned the law to devote himself to a literary career. He never completed the planned series of books. Indeed, chapter eight is the final full chapter. The eight chapters plus a fragment of chapter nine, ‘An Essay Towards An History Of The Laws Of England’, appeared after his death.

The reader should take the ‘abridgment’ seriously. Burke is not engaged in writing a mere short history of England. Through the sometimes sparse historical details, the reader finds a concentration on the effect of the different settled arrangements (like custom and tradition) on the development of the law governing the English people. The contrast, though nowhere near as explicit in his later writings, is between law as developed out of the concrete circumstances of a people being a people and law as the product of abstract speculation.  The fragment of chapter nine confirms this analysis.

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