Saturday, March 28, 2015

The Higher Law

The month of March has been swamped by my directed research writing project. I have to complete 100 hours of research and writing and have a completed draft to show my work. I decided to explore the application of "higher laws" in society. While I was originally more familiar with the higher laws that Christ explained in the Sermon on the Mount:

I chose to explore the higher laws followed by the Navajo Nation. Since I've really worked hard on my paper, I thought I'd post a portion of the introduction:


Living the Higher Law: The Navajo Nation and Civil rights

In 1945, German military leaders were tried for the atrocities they committed against the Jews during World War II. They argued that they should not be punished for obeying the laws of their country and that their “crimes against humanity” had been defined after the fact, thus making their prosecution ex post facto. Although the United States and other nations recognize the importance of obeying the laws of the land and prohibit prosecution ex post facto, they proceeded with the trial. As the lead prosecutor, Robert Jackson explained that even rulers are under God and the law.[1] He stated that international law recognizes certain principles (“the law”) that have been held to be universal, such as the Crime of Plotting and Waging Wars of Aggression, the Crime of Violating a Treaty, Crimes Against Humanity, and the Law of Individual Responsibility. “Does it take these men by surprise that murder is treated as a crime?” he asked.[2]
The laws Robert Jackson cited are what are known as “natural laws” or “higher laws.” These laws are rules of conduct “arising out of the natural relations of human beings, established by the Creator.”[3] They include principles such as honesty, temperance, humility, and cooperation. Rarely to governments hold their citizens to such high standards in all aspects of their lives--rather, they are enforced through more limited laws and ordinances. For example, most nations have enacted laws against murder. Even in ancient times, communities followed the mandate: “thou shalt not kill.”[4] However, when Christ came, he established a higher law, which encompassed the old law: “But I say unto you, that whosoever is angry with his brother without a cause shall be in danger of the judgment.”[5] While most nations will not enact laws against anger, they will enact laws restricting the expression of anger, since anger leads to willful infliction of bodily harm, i.e. assault, battery, etc.
There are few examples of nation-states enforcing higher laws outright, and the Navajo Nation is one of them. Unfortunately, the Navajo Nation has been overlooked in the discussion of higher law, as most scholars have focused on the international and Anglo-European applications of higher law. This paper will provide an introduction to higher law in Navajo culture and encourage legal scholars and legislatures to turn to the Navajo example in discussing the theory of higher law.
Since the creation of the Navajo Nation Supreme Court in 1985, Navajo justices have sought to apply Navajo higher law in the enforcement of civil rights. Over the years, the court has become increasingly confident in the application of higher laws to legal principles.[6]  In 2002, the application of such higher laws was solidified when the Navajo Nation Council (their equivalent of the Legislative branch) passed a statute recognizing the existence of Navajo higher laws and mandating that they be considered first when interpreting statutes.[7] This has led to a broadening of rights guaranteed to both Indians and non-Indians under the Navajo Nation’s jurisdiction.

Rhetorically,
Rebekah




[1] Robert H. Jackson, Opening Statement Before the International Military Tribunal, available at http://www.roberthjackson.org/the-man/speeches-articles/speeches/speeches-by-robert-h-jackson/opening-statement-before-the-international-military-tribunal/.
[2] Id.
[3] “What is Natural Law?” Black's Law Dictionary Free Online Legal Dictionary 2nd ed., available at http://thelawdictionary.org/natural-law/.
[4] Exodus 20:13.
[5] Matthew 5:22.
[6] Paul Spruhan, The Meaning of Due Process in the Navajo Nation, in The Indian Civil Rights Act at Forty 119, 123 (Kristen A. Carpenter, Matthew L.M. Fletcher, and Angela R. Riley, eds., 2012).
[7] Spruhan, supra note 6, at 123.

Saturday, March 21, 2015

Movie Review: Cinderella

Thanks to my cousin for babysitting, we went on our first "extravagant" date (lunch and a movie) since Dash was born. The movie was the live-action Cinderella. I liked the movie a lot more than I was expecting. I was pretty annoyed when I first saw the trailers because I feel like there are so many Cinderella remakes already. However, I think they did a really good job staying true to the animated version while deepening the characters of Ella, the Prince, and the Evil Stepmother. These additions answer questions like:

Why is the evil stepmother so evil?


Why does Ella stay with her step-family?


Shouldn't you get to know someone before you marry them?

I noticed other pieces of fairy tales in the movie, like the fairy in disguise asking for a drink of water.


I also liked how they explored the relationship between the King and the Prince.

Hopefully I didn't spoil anything for those who haven't seen it. I sure hope Disney keeps up the character development in live action remakes, especially since Beauty and the Beast will be coming out in 2017. I'd love to learn more about Belle's past, see a deepening of Gaston's character, and gain a new perspective on the Beast.

Rhetorically,
Rebekah

Wednesday, March 18, 2015

Happy St Patrick's Day!

We had a great day! Besides wearing green, we celebrated by making "Layers of Luck" dessert, using girl scout thin mints as the garnish. It was delicious!


What did you do to celebrate?
Rhetorically,
Rebekah

Friday, March 13, 2015

Don't Cry Over Spilled Milk


I think this phrase originated from a nursing mother who spent hours making and then pumping milk for her baby, only to have the bottle knocked over. The mother, upon seeing the pool of milk on the floor, promptly burst into tears. Then someone, in an attempt to lighten the situation naïvely said, "don't cry over spilled milk!" At which time the mother cried harder, and then ran the person out of town.

I've become extremely protective of my pumped milk (aka "liquid gold") to the point where I don't even want to know if Dash spit up because that means the milk was wasted. Yesterday, a bottle of pumped milk was spilled on our table and I insisted on saving it. Matt was kind enough to use this scraper to get the milk into a shallow bowl, and we used a funnel to pour it back into the bottle. (I would not have done this had the kitchen table not been recently cleaned and sanitized.)

This morning, someone broke into Matt's car because I had accidentally left the driver's door unlocked. Even though they didn't take much ($20 cash, a hat, and some gloves), it was a wake up call to me that I was being too obsessive. I mean, a bottle of spilled milk is nothing compared to our car being potentially stolen.

In both situations, things weren't as bad as they could have been, which is maybe why I was able to handle things better emotionally. I hope I can remember this lesson, though, the next time a bottle spills.

Rhetorically,
Rebekah

Wednesday, March 4, 2015

Dear Dash: Two Months

Dear Dash,

You're starting to notice the mobiles on your bassinet, changing table, and swing. They provide several minutes of entertainment before you are distracted. You are also cooing, smiling, and sleeping (5 hour stretches at night!) more, which is awesome for your parents.

You are rocking out in the 77 percentile for height, which means you have started to fit into 3 month clothes because you are so tall. You still fit in newborn diapers, though, as your weight is in the bottom 25 percentile.

Now that cold and flu season is coming to an end, your next milestone is going to church for the first time this Sunday!



Also, you were soooo cooperative for this month's photo shoot. And I really appreciated it.

Rhetorically,
Rebekah
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