Category: Law

  • Who Was Hegel & Why Should We Care?

    Georg Wilhelm Friedrich Hegel was born in Germany in 1770 and formed his philosophical thinking thought during the turmoil of the French Revolution. Jean-Jacques Rousseau, a philosopher in Geneva, developed speculations about freedom and the General Will which influenced Hegel to a large degree. In his early years, Hegel anticipated making the confusing concepts of philosophy more available to the general public.

    He attended a leading seminary and received theological credentials but had problems with the restrictive nature of Protestant theology. Notwithstanding his early ambition to make formal philosophy more available to the public, his arguments are very difficult for the average reader to follow. Nevertheless, his works had great success in winning over theologians in Europe and the United States.

    Hegel emphasized “Spirit” (Geist) in his writings. Hegel presented Geist as humankind coming to know itself through a historical process. Hegel is often associated with dialectics. Dialectic theory goes back to Plato but Hegel refined previous speculations representing world history as a series of dialogues by demonstrating that each new idea contained elements of the previous paradigms.

    Modern theology, as opposed to orthodox Biblical teaching, is to a large extent, the offspring of Hegel. Hegel acted as a hinge that opened many universities and seminaries to concepts that had a profound influence on education in many spheres of endeavor (especially the big Presbyterian-funded Ivy League universities (such as Harvard & Yale) and many law schools. Harvard Law adopted the Socratic  method of legal education invented by Langdell, Dean of Harvard Law from 1870-1895.

    Langdell’s “dialectical” Socratic method, still used today in most law schools, involved the law professor asking questions about judicial case law and reasoning. Although there is no evidence that Christopher Langdell was a Hegelian, he was profoundly influenced by Darwin’s theories and believed that law evolved in ways that sound very much like Hegel’s theory about the General Will and the development of the State as an organic result of historical processes.

    Most people tend to focus on the practical as opposed to theoretical aspects of life. This causes many of us to underestimate the pervasive impact of certain philosophies in many spheres of life. By equating case law with common law, a whole new orientation to jurisprudence developed at Harvard. Eventually, the change in emphasis at Harvard impacted legal education throughout most law schools and transformed the architecture of American law.    

    One of my critics suggested that, despite not being an expert in theology or philosophy, I post this article explaining why Hegel is relevant today. Hegel uses religious sounding terminology that seems to say that the State is the ultimate expression of the divine mind. Hegel’s vast philosophical undertakings have a religious connotation. By means of conflicting cultural forces, human culture becomes progressively conscious of freedom. As expressed in the General Will, the State is posited to be the highest expression of such consciousness.  

    Many so-called “mainstream” denominations saw their Bible schools taken over by Hegelianism disguised as Modern theology — what many might call Liberal theology. Karl Marx based his dialectical materialism on Hegel’s dialectal theories. Opposing natural forces evolve into social forces manifested in conflict between social classes. Hegel’s major works, including the Phenomenology of Spirit (1807) and the Science of Logic (1812–1816), detail his vision of world history as progress toward the consciousness of freedom. Segments of both Catholic and Protestant church organizations have promoted Liberation Theology which can be simplified as Marxism camouflaged as deliverance from economic and social oppression.

    However, Hegel’s influence is not limited to such Marxist “theology.” There is a pantheistic element to modern theology that is embedded in Hegel’s approach to Spirit as the driving force behind social evolution.

    In 1806, Napoleon battled Prussian troops in the Battle of Jena. On the day before the battle, Napoleon entered the city of Jena. Hegel recounted his impressions with the use of the term Weltseele (“world-soul”) in reference to Napoleon (“the world-soul on horseback”, die Weltseele zu Pferde).

    “I saw the Emperor – this world-soul – riding out of the city on reconnaissance. It is indeed a wonderful sensation to see such an individual, who, concentrated here at a single point, astride a horse, reaches out over the world and masters it.”

    In Bamberg, Hegel was editor of a pro-French newspaper where he praised Napoleon. It is evident that he saw Napolean as an expression of the Spirit of the Age. Zeitgeist (or the Spirit of the Age) was introduced to the European public by Johann Herder and Johann Goethe. Hegel preferred to talk about the National Spirit (Volkgeist) and World Spirit (Weltgeist). Needless to say, Hegel’s influence was profound and divisive. After his death, his followers split into opposing political movements. The Marxists and Anarchists on the Left adapted his dialectical method for attacking religion and society. Fascists and Nazis also had roots in Hegel’s claims that the State expressed the General Will or Volkgeist.

    In the twentieth century, Hegel has been associated with critical theory (Critical Legal Studies and Critical Race Theory), and provided elements of French existentialism. How many people realize that Sartre was an ardent Marxist who supported brutal Communist dictatorships, including Castro’s Cuba, during the time Sartre was being lionized along with Mao and Che Guevera, on universities across Europe and America!

    Hegel had a particular attraction to the subject of cultural unity. “Unity of life” with oneself, with others, and with nature related to the highest good. The oneness with nature was a strong element of German Romanticism. Division (Entzweiung) or alienation (Entfremdung) was also a salient factor in Rousseau’s philosophy. Rousseau, who considered himself to be a follower of John Calvin most of his life, argued that private property corrupted society and alienated modern mankind in ways that make society corrupt and perverted by selfish ambition.

    Notwithstanding Rousseau’s profession of Calvinist faith, he denied the concept of original sin and claimed that humanity is ennobled when humanity is closest to nature. Hegel made no secret that Rousseau laid the groundwork for many of Hegel’s speculations. The violent events of the French Revolution that Hegel mostly extolled were summoned from the thoughts of philosophers, of whom Rousseau was preeminent. It isn’t immediately apparent to most people that the French Revolution manifested the spirit of revolution against traditional social institutions, including private ownership of real estate, that embodies Marxist-Leninism.

    If we get some feedback to these notes on Hegel, we hope to demonstrate the impact of Hegelian thought within some seminaries where Modern Theology has become endemic. Hegel discussed “failures of recognition” by which he meant not recognizing the humanity of other people. Such alienation demands reflection upon the past as a way “to understand what is required of us at the present.” The re-interpretation of “religion as the collective reflection of the modern community on what ultimately counts for it” sounds suspiciously like Critical Theory.

    In theology, this is known as “Higher Criticism” by which, for example, Scriptural prophecy that has been fulfilled is deemed to have been inserted into the Bible after prophetic events have already occurred. Hegel demonstrates the point about Modern Theology and Higher Criticism by asserting that this “historically, socially construed philosophical account of that whole process” elucidates the genesis of a distinctly “modern” standpoint. Comments will be appreciated. We expect to look next at some history of modern seminary and Bible schools to see how Hegel’s ideas came to make camp there and why pantheism, Statism (including but not limited to Socialism), and Hegelian thought are all birds with similar feathers that flock together.

    -End-

  • Posse Comitatus Act

    Will the Marines Stand With the President in a Dangerous War Against the American People and the Second Amendment? Which branch of the military constitutes the remnant most likely to uphold the oath to the U.S. Constitution against domestic and foreign enemies?

    The following is a summary of a document entitled The Posse Comitatus Act and Related Matters: The Use of the Military to Execute Civilian Law, by Charles Doyle and Jennifer K. Elsea. A 2012 report prepared for the Congressional Research Service. We will identify any opinions and conclusions that do not ysimply summarize the history & legal precedents contained in the source document.

    The U.S. Constitution provides for use of the militia to execute the Laws of the Union to suppress insurrections and invasions and to protect the states from usurpation of their “republican form of government.” Additionally, state legislatures may request federal military intervention to suppress domestic violence. Congress enacted the Insurrection Acts and other laws pursuant to its express Constitutional authority.

    Insurrection Acts. The Insurrection Acts have been invoked many times in history and outlining such events clears up some of questions while also raising a number of issues. There are several federal laws that also deal with authorizing land and naval forces. The most important law for purposes of the present discussion is the 1878 Posse Comitatus Act.

    Posse Comitatus Act. The Posse Comitatus Act prohibits use of the military to execute the law unless authorized by Congress within its Constitutional authority to suppress insurrection and invasions; thus, the Insurrection Acts and other laws that provide exceptions to Posse Comitatus Act. Violation of Posse Comitatus is a criminal offense.

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  • United Nations Reaches Into Local Schools

    United Nations Reaches Into Local Schools

    Many people, with some justification, believe the United Nations is just a harmless debating society without any teeth to it. The reality is that there exist a variety of conduits by which educator associations, UNESCO, International Planned Parenthood Federation (IPPF), and a host of UN and global NGOs influence American education. Woke education in Alaska looks just like the Woke education in New Jersey looks just like the Woke education in Kenya or some other Third World nations where UN influence more directly impacts the daily lives of citizens. DEI along with more or less subtle undermining of U.S. sovereignty (climate change propaganda and so-called Social Justice initiatives) are a global cultural onslaught in education, not just an American Progressive anomaly. Such initiatives need to end ASAP.

    The incoming administration is going to work like Eliot Ness and the Untouchables, exposing and indicting all these global educational initiatives—including Education for Global Citizenship, SDGs (Sustainable Development Goals) in education, Education for Sustainable Development, and Comprehensive Sexuality Education (CSE), not to mention any vestiges of Common Core–derived from the UNESCO World Core curriculum. Many of the ideas summarized here have been culled from James Lindsay and he deserves kudos for his insights.

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  • Open-Carry of a Shotgun: A Good Idea in an Apartment Complex?

    Open-Carry of a Shotgun: A Good Idea in an Apartment Complex?

    The day before Thanksgiving (2023), the Law Office of Mark Knapp PLLC obtained an acquittal in a case alleging Second Degree Assault (with a firearm enhancement) in Snohomish County today. The three-day jury trial focused on open-carry issues and whether the complaining witness (the alleged victim) was justified in grabbing a loaded shotgun from our client. Grabbing a weapon is only justified where a threat of imminent deadly force exists.

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    Self-Defense or Criminal Assault? Grabbing a shotgun—other than in self-defense—constitutes Assault in the Second Degree and could include Robbery charges, and a Firearms Enhancement. Our client told the police and the jury that he just went to the parking lot to check on his motorcycle when his neighbor approached him aggressively, demanding to know why he was carrying a shotgun in a common area.

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  • Firearms Freedom Could Have Stopped Hamas

    Firearms Freedom Could Have Stopped Hamas

    A recent NY Times story tells a lot about Israel and the restrictions Israeli government imposes on its citizens:

    “They were rounded up and shot like animals within hours of losing themselves, and the pressures of Israeli life, in thumping soundtracks of mystical peace and love. “There were these crazy maniacs with guns and people falling one by one,” Ms. Fakliro said. “It was like a shooting range.”

    Authorities Lulled Into a False Sense of Security. The gruesome reports of how Hamas and Islamic Jihad infiltrated Israel’s well regarded security perimeter are shocking to the world. Despite the extreme risk of terror attacks from Gaza, Israel’s government apparently believed that Hamas was focusing on social programs to help the Palestinians living within Gaza’s borders.

    Disarmed Israeli Civilians. Israel’s government had been taking steps to disarm civilians who possessed rifles and still requires the few rifles permitted in a Kibbutz or other danger zone to be stored in a way that denies hinders access to the weapons in an emergency.

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  • Restoring Gun Rights & Vacating Convictions

    Petitioning for restoration of gun rights in Washington. We handle criminal cases, including felonies, and firearms law. We can also help get some convictions vacated:

    INSTRUCTIONS FOR VACATING MISDEMEANOR AND GROSS MISDEMEANOR CONVICTIONS

    Washington law permits vacating some misdemeanor or gross misdemeanor convictions.

    When the court vacates a conviction, you are released from penalties and disabilities resulting from the offense- but not from the prohibition against possessing firearms.

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  • High-Capacity Magazines & Gun Trusts in Washington State

    High-Capacity Magazines & Gun Trusts in Washington State

    Can an NFA gun trust protect you and your family from potential penalties imposed if you loan a “high-capacity” magazine to a co-trustee or leave a high-capacity magazine to your beneficiaries when you die? Transfer or sale of magazines holding more than ten rounds will be a gross misdemeanor with civil penalties in Washington state after July 1, 2022. Even transfers of guns designed and manufactured with an “ammunition feeding device” holding over ten rounds that cannot be detached, such as a tube magazine or an extended magazine tube for your shotgun, will be prohibited. The only exception will be for .22 caliber rifles with tube magazines and all calibers of lever action rifles.

    What does it take for the Law Office of Mark Knapp PLLC to be listed in the Who’s Who of Top Attorneys? https://zurl.co/5ce0

    The civil penalties apply to online sales and do not provide an exception for sales to military and law enforcement. While sales and transfers to law enforcement agencies (but not individual officers) are exempt from criminal penalties, law enforcement agencies will probably not be able to purchase such items online if the law is strictly construed with potential triple damages against sellers for unfair or deceptive business practices under the Washington State Consumer Protection Act.

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  • Benefits of a Washington Gun Trust or NFA Trust.

    All Gun Trusts are not equal. A Gun Trust or NFA Trust should be designed for all of your firearms and will provide Asset Protection and multi generational ownership for your firearms.

    The Law Firm of Mark Knapp PLLC focuses on NFA Gun Trusts and working with courts to restore clients’ right to possess firearms in Washington. Mr. Knapp has practiced law since 1989 when he graduated from Gonzaga Law School. The firm emphasizes criminal defense work, Constitutional law and advocacy on behalf of clients needing to fight back aggressively against government overreach.

    No CLEO Signature Required to Own NFA Restricted Items.
    The ATF no longer requires that individuals obtain approval from their Chief Law Enforcement Officer (the “CLEO”) as part of the application process to obtain a Title II firearm from another individual or Class 3 dealer. (more…)

  • Schools are for Educating Students, Not Politics

    Schools are for Educating Students, Not Politics

    For many years there has been a movement aimed at separating children from the traditional authority of the family. Parental rights are the law of the land according to U.S. Supreme Court legal precedent.

    Meyer v Nebraska and Pierce v. Society of Sisters are two landmark cases reinforcing parental rights. In Meyer, the Court struck down a state statute that criminalized teaching students in any foreign language in public or private schools.  In the Pierce case, the Court struck down an Oregon law requiring attendance at public schools.

    In Troxel v. Granville (2000), the U.S. Supreme Court struck down a Washington state law that allowed grandparents to petition state courts for child visitation rights over parental objections. The Court upheld parental rights against statutory grandparent rights. The court found Meyer and Pierce controlling,

    James Payne and his wife are the parents of twin nine-year old boys. The two boys attend a school in the Highline School District which is in the SeaTac-Burien area near Seattle. Mr. Payne retained the Law Office of Mark Knapp PLLC to write a letter to Holly Ferguson and the school board demanding that the District stop posting political propaganda in school hallways and classrooms. The District’s lawyers responded in writing with a December, 2022 letter refusing to remove posters allegedly promoting the transgender, LGBQT agenda. Mr. Payne also objected to Black Lives Matter posters and other material allegedly endorsing Communist figureheads like Che Guevara, a sociopath who killed and tortured many innocent Cuban people.

    Highline School District claims that these signs do not violate parents’ and children’s civil rights by creating a hostile learning environment. Ms. Ferguson, who has a law degree and seems to be the chief diversity officer for the District, responded to one of Mr. Payne’s emails as follows:

    “These signs are not considered “political” for the purposes of policy and procedure 4412.  That policy is talking about “political activity” in the context of lobbying officials, or other overt political acts, such as campaigning.”

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  • Julian Huxley, Second Amendment & UN Suzerainty

    Suzerain- Main Entry: su·zer·ain
    Pronunciation: ˈsü-zə-rən, -ˌrân; ˈsüz-rən

    Function: noun

    1 : a superior feudal lord to whom fealty is due: overlord;

    2 : a dominant state controlling the foreign relations of a vassal state but allowing it sovereign authority in its internal affairs.

    Jeremy Rabkin, a professor of law at George Mason University School of Law, recently authored an article published in Imprimis called “The Constitution and American Sovereignty”. In the article, Rabkin explains how the concept of national sovereignty, as we understand it today, developed during the Seventeenth century along with nationalism. (more…)