"“Due process,” a standard that arose in our system of law and
stemmed from the desire to provide rational procedure and fair play,
is equally indispensable in every other kind of social or political enterprise."
by:
Edmond Cahn
New York University School of Law
Source:
The Predicament of Democratic Man, 1961
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Though I'm a firm believer in Natural Law, I also believe true morality is the tempered principle associated with the law in some what the same vain as Cahn wrote about. Due process is a moral issue (not a natural law edict) set at ultimately trying to achieve a law / justice finality.
 -- Mike, Norwalk     
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    Due process is a wonderful thing. It's overlooked ,however, when the drug cops break down your door because your neighbor said you were dealing dope out of your home.
     -- jim k, austin     
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    Mike, sorry I didn't get back to you. When I read many of the comments on this blog I am reminded of Einstein quote: "the only constant factor in the Universe is change" That which is absolute will always remain absolute the change that takes place is our understanding. And, I have use on many an occasion that other famous quote from about 3500 years ago: "He who understands, understands not, he who understands he understands not understands" The absolute of Natural Law will never be understood, because if we did, we wouldn't exist - have a great day, Robert
     -- RBESRQ     
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    P.s. life is not about a point of process
     -- RBESRQ     
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    Robert, that is a lot closer to the truth than the politico's version. That's part of what makes us human, we'll never get the absolutes. Once we think we've got it, it changes. Science and religion are absolutes until we learn more. That's the trial and error, learning and growing, understanding and adjusting part. As relates to this quote, that's why due process is such a moral requisite; it keeps us seeking for that ever elusive absolute truth. As jim has expressed, due process is a dying concept (ignorance, supported by misinformation and immoral religions / science are now advancing at an ever alarming rate). The, in power fascist theocracy knows no limits of despotism and cares noting for law ethics or morality.
     -- Mike, Norwalk     
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    Due process simply means to me that everyone is treated the same way, according to some SOP. When we know what that SOP is the system can not jerk us around. Now we may not like the SOP or due process and it may be contrary to what Mike calls Natural Law (I still don't know what he means by it) but due process is the same for everyone.
     -- Waffler, Smith     
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    We are living in a time when due process and equal protection are dying on the vine. Government now finds it fashionable to nationalize businesses by use of undefined and unlawful procedures. Government can fire private citizens from supposedly private businesses. Government can abrogate contracts that were freely entered into by independent parties. Supreme court justices are chosen on the basis of whether they are empathetic to some special interest group. In effect they are chosen on they willingness to favor certain groups at the expense of others (in antipathy to equal protection). We are entering into another era of Progressive Fascism much like America experienced under Wilson and FDR (who went so far as to regulate chickens in a coop). Now, of course, the technological know how exists to really enforce fascism like never before. It's a brave, new world.
     -- Ken, Allyn, WA     
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    Mike, we may be confusing the term absolute. Truth is absolute and what is not absolute is our interpretation and our corruption of it. The same applies with honesty, trust, love, and integrity. Process is only absolute in the abstract as soon as we attach our systems and communications to due process then it it becomes bastardized and can no longer be referred to as an absolute.
     -- RBESRQ     
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    P.s Absolute is not up for interpretation or change - I would have like to discuss this with Mr. E.
     -- RBESRQ     
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    P.s.s. It reminds me when my Chairman said in a speech "absolutely unique"
     -- RBESRQ     
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     -- Chris, austin      
    Cahn sees justice as going beyond the law.His contributions is More American than today's" stickler" nation where rules are applied narrowly without regard for fairness
     -- marc heilweil     
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    To acknowledge the right of an individual to due process is to acknowledge the dignity of his or her humanity.
     -- Patrick Henry, Red Hill     
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    "The letter killeth, but the Spirit giveth life". When considering the 9 fruits of the Spirit, Naturally there are No laws against such, but only in edification of. "Do that which is right and you will have praise of the same." The Creator is not a respecter of persons nor is he the author of confusion. Fair play carries the attribute of mercy, that being an attribute of the Creator. Cause and effect. To the merciful He shows Himself merciful. The "Legalist faction" within the socialist mindset show No mercy, Even China's people turn away from that faction within their own government. Habeas Corpus AD Subjiciendum, Extraordinary Common Law and the "Prerogative Writs" shall not be suspended. Amparo De Libertad. Question all authority who would subvert or suspend without just cause. Quo Warranto.
     -- Ronw13, OR     
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    Absolutes are codification throughout all of creation, assuring communication to all generations, understood by few and spoken by less. Confidence of this "understanding" comes being fully persuaded. Truth is an absolute contrary to interpretation. Therefore all Sound doctrine pertaining to liberty and freedom find roots and foundation within the codification of nature. source and presence made self evident.
     -- Ronw13, OR     
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