The U S Constitution — John Eidsmoe Falls Short Of Proving It’s A Christian Document

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According to John Eidsmoe, the U S Constitution was heavily influenced by Christianity. That is the thesis of his book Christianity and the Constitution. Published in 1987 by Baker House, the book is 415 pages in length.

The book leads off with a survey of various philosophical schools popular in the 18th Century, not least of which was Calvinism. John Eidsmoe states that a majority of Americans were Calvinist, but fails to demonstrate its influence on the Founders.

The book deals briefly with “John Locke’s social contract theory,” which is said to be the “secular expression” of the covenant. Mr. Eidsmoe equates the two, a usual tactic of Christian Federalists to explain away the obvious secularism of the U S Constitution.

For example, he glosses over Locke’s humanism with the assertion that he was “a Puritan by background” who “based his political theories on Rutherford’s Lex Rex.” Thus he excuses Locke’s humanism and Latitudinarianism to arrive at an very tenuous conclusion. John Locke was a Puritan prodigal, not a faithful son.

Mr. Eidsmoe’s repeated confusion of social contract theory and Bible covenant is his biggest problem. He naively mistakes the preamble of the U S Constitution as a commitment to Bible covenantalism, instead of the godless social contract which it is. This confusion is typical of Christian Constitutionalists, who frequently equate the U S Constitution and the Word of God.

Another chapter looks at aspects of 18th Century Puritanism such as optimistic eschatology and the application of Biblical law to all of life. John Eidsmoe wants his reader to draw the conclusion that these were incorporated into the U S Constitution. But this does not follow. The first Great Awakening of 1742 is described as a revival of Puritanism. This tenuous conclusion supports the non sequitor that Puritanism was built into the U S Constitution of 1787.

Several aberrant philosophies of the time are also discussed, including Freemasonry and Deism. Freemasonry is introduced and then waved off as an innocent social club, useful for political and business networking. John Eidsmoe simply ignores the anti-Christian oaths integral to Freemasonry.

It is hard to summarize all the problems in the chapter on “Law and Government”. For one thing, Mr. Eidsmoe presents Montesquieu as a champion of Biblical law. In reality Montesquieu took the Bible as but one among many authorities, with all subject to natural law.

Likewise Blackstone’s Common Law is presented as a compendium of Biblical law par excellence. The fact of the matter was it had morphed into a barnacle- laiden anachronism by the 1750s. For example, some 200 mostly petty crimes carried the death penalty. Most juries refused to enforce it because it was so obviously unjust.

In reality Blackstone rarely even mentioned the Bible in his Commentaries. We assume John Eidsmoe has read Blackstone, so he should be aware of that.

Returning to Locke, Mr. Eidsmoe justifies his humanism and “blank slate” theory of the mind, which denies original sin. Again he draws the faulty conclusion that Locke’s “social compact theory is similar to the Calvinist idea of covenant.” This is a misleading statement because the two ideas are diametrically opposed. They represent the authority of man versus the authority of God.

All of these misperceptions color the religious biographies of the founders which comprise most of the book. For example, of John Witherspoon he notes that “He devoted his life to instilling the principles of Holy Scripture into the minds and souls of young men who then used these principles to shape America.”

It is difficult to see how anyone who has read Witherspoon’s class notes for his moral philosophy class could draw such a conclusion. Moral philosophy was the culminating class of the curriculum that Witherspoon taught personally to all the graduating seniors at the College of New Jersey. They are an exposition of natural law and secular social contract theory, with very little reference to Holy Scripture.

Typical of Christian apologists for the U S Constitution John Eidsmoe spends a good deal of time arguing that the Founding Fathers were all solid Christians. The usual assumption is that if we can prove the founders were Christian, the document they gave us must of necessity be Christian. But this is a non-sequitor. Space does not permit us to say all that could be said of these biographies.

At the end, John Eidsmoe lists all of the alleged biblical principles he has found in the U S Constitution. But most of what he cites is Enlightenment theory of the natural rights of man, egalitarianism, and natural law. The “consent of the governed” is the source of governing authority rather than God.

Mr. Eismoe is correct in concluding that knowledge of the sinfulness of man prompted the Constitution’s limited, delegated powers. This is the one point at which the Founders got it right, and we have Witherspoon to thank for that. But overall the complexities of this book should limit its use to the advanced student who is well-versed in the issues involved.

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Investing In China Proposed Labor Contract Law

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If you are considering setting up a company in the People’s Republic of China (the PRC) you should be aware that Chinese law is more protective of employees than the laws of many western nations, particularly the United States. The current PRC Labor Law was enacted in 1994; however, a new PRC Labor Contract Law, intended to supplement the Labor Law, is expected to come into force at the end of 2006. This new law contains both bad news and good news from the point of view of the foreign investor; however, in general it further strengthens the protection of employees.

The Bad News:

Severance Pay

Because it is difficult under the PRC Labor Law to terminate open-term labor contracts, employers usually prefer fixed terms. The Labor Contract Law will address this issue by requiring employers to pay severance compensation to employees on fixed term labor contracts if these contracts are not renewed at the end of the contract term. The proposed compensation is at least one month’s salary for each year of service.

Company Rules/Employee Handbooks

No provision in the employee handbook or other rules affecting the employee’s “personal interest” may be put into force absent consultation with the labor union or other employee representative body (under Chinese law, virtually all employees are required to be unionized).

A Shorter Probationary Period

Currently, the probationary period may be agreed between the employer and employee in the labor contract, but the maximum probation may not exceed 6 months. The Labor Contract Law shortens this period to one month for non-technical work and two months for most technical work (the six-month maximum is still retained for senior technical work, probably because these highly skilled employees are seen as less vulnerable in the employment market. This is significant because it easier to fire an employee during the probationary period than afterwards.

Non-Competition Clauses

Foreign invested companies in particular have tended to insert post-employment non-competition clauses into labor contracts in order to protect their intellectual property rights in China’s wild west business atmosphere. Although the Labor Contract Law allows post-employment non-competition restrictions, it will limit their enforceability to two years and restrict the geographical area of applicability to areas where actual competition is likely to occur. In this respect the reform will render Chinese law more similar to US law, since the current Labor Law does not impose any geographic restrictions at all (but does permits a maximum duration of up to three years). The Labor Contract Law goes even further, however, by requiring the employer buy a non-competition clause by paying a minimum compensation equal to the employee’s annual salary upon termination of the labor contract. It is still unclear what, if any compensation will be due the employee if the period of restriction is less than a year.

Contract Interpretation

Any ambiguous term in a labor contract will be construed in favor of the employee. This rule does little more that codify what has long been the prevailing practice in PRC courts.

Representative Offices

The current Labor Law requires Representative Offices to go through designated agencies such as FESCO (similar to Manpower in the United States) in order to hire employees. The new Labor Contract Law offers Representative Offices greater flexibility by allowing them to directly contract with employees for their first year of employment.

In summary, the new Labor Law will restrict foreign investor’s flexibility and make it more expensive for them to operate. The only good news is that Representative Offices will find it somewhat easier to operate. Typically, the new Labor Contract Law does not bother to define terms like technical, senior technical; and personal interest However, foreign investors have long been used to waiting months and even years for ambiguous terms in Chinese law to be defined through the further issuance of implementing regulations to supplement the main law; meanwhile the government’s actual implementation of the law in particular cases will be closely watched.

Legal Process Outsourcing’s Point Of Inflection

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Depending on what you are reading and who you are talking to it can be unclear whether or not legal process outsourcing is making true headway in the legal industry. A report on some sites surfaced this week which discuss apparent reluctance to sending even simpler legal tasks offshore. The Lawyer reported how Integreons operations both in Fargo and in Bristol was cost prohibitive to the firms operations since clients do not prefer the LPO to send any work overseas. Its quite interesting that the LPOs clients, who give their business to Integreon, want the provider to perform work onshore rather than reap benefits of the lower cost offshore model which they signed on to profit from in the first place. Is this a trend in legal process outsourcing which has been largely synonymous with transmitting work overseas to the lower cost centers in India, Philippines and beyond? Or rather, does this story reflect the eve of an inflection point that will breed LPO differentiation to new service delivery models moving forward?

The reason for the differentiation question lies in the case seen in the Integreon story. Providers will adjust and offer service as dictated by their clients when it makes sense. Its a fact of doing business. Otherwise turning your back on clients doesnt bode well for your future business, and in turn helps your competitors who adjust and offer accordingly. But does this story actually make sense – to essentially abandon the offshore model which is the foundation for the cost savings and is at the heart of the law firm attraction to LPO?

Onshore arms do make sense to the LPO model if the delivery model finds a way for it to make it economically viable. Paying up to 90% of revenues to onshore salaries does not, but it could if fees could be raised to justify the overall service being provided. Or perhaps volumes will allow them to achieve economies of scale thus pushing them into the black. But this does call for another look at the overall legal outsourcing value proposition.

Cost savings, increased productivity, access to back office capacity – and the list could go on – but these are some of the driving forces behind the value of legal process outsourcing. However were witnessing a transformative period for the industry if the offshore reluctance holds true. It will, if it hasnt already, cause legal process outsourcing providers to ask themselves how they continue driving their operations and maintain the value to the client. The answer will lie based on their internal capabilities, their ability to react, and most importantly their innovative view of the service model. The winning model will achieve greater inroads in improving the central word of the industry name; Process. The industry as a whole must improve the process in which it interacts with clients and delivers their work products.

No matter the industry, business process exists in one way or another, and it in fact is almost always enhanced through the implementation o f technological solutions that make life easier for all those involved. It requires studying the end-to-end process between client and provider, and determining the areas of pain and opportunity to marry up with new tools, perhaps not yet envisioned. The fact is that technology has undoubtedly facilitated the LPO industry, but this inflection point is calling for a push to the boundaries of what technology will do for LPOs maturity in the face of client demands for onshore support. More mature, cutting edge platforms coupled with some level of onshore support must contribute to the value proposition and offer a complementary service to the overall offering of the provider.

If pieced together properly, the suite of services that the LPO provides may in fact dictate higher fees through the realization of increased service value. Or it may just at least maintain legal process outsourcings cost competitive edge. Either way it will create a factor of differentiation between pure play LPO providers who compete solely on cost, and those providers who seek to stand apart from the pack and offer an innovative approach to legal outsourcing.

What To Know About Hiring a Criminal Lawyer

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If you have been accused of committing a crime, you should consider hiring a criminal lawyer. No matter how severe or minor your charges may be having an experienced attorney to fight for you is a necessity. Facing a charge of any kind is always a serious matter, and it should be treated as such. Many attorneys in this field of the law provide free consultations, so you should be able to speak with a professional to get a better idea about your defense before facing the judge.

When you’re faced with a charge, it is important to you enlist an attorney to provide you the representation that you need. Whether you were arrested recently, or you have been charged with a crime, it is natural to feel confused and alone. An experienced attorney will work hard to protect your rights and provide you with guidance through the ordeal. From state traffic violations to federal offenses, it is essential that you get the legal guidance that you need during this difficult time. A criminal lawyer works to represent people who have been accused of committing a crime. Depending on the type of charge you are facing, you may want to hire an attorney who focuses on a specific area of the law. For instance, if you were arrested for drunk driving, you may want to schedule a consultation with a DUI attorney. If are facing drug related charges, an attorney who specializes in drug crimes can help you. Some professionals help clients who have been accused of breaking state laws, while other concentrate solely on federal law. Before you schedule a consultation at any firm, you should determine the kind of attorney you need. Do your research to find the right attorney for your case. Determine what qualities are important to you. You will most likely want a professional with lots of experience in your specific area, a successful track record, and someone who is easy to communicate with. When you sit down with attorneys for consultations, you should ask them about their success with past cases and inquire about the specifics of past cases handled. Ask if he or she is a part of any associations or organizations, and ask about their educational background.

You can find a criminal lawyer through a referral from friends or family members, through online directories, or through professional organizations. Always meet the attorney through a consultation and discuss the details of your case and get an idea of the fees that will be charged before hiring anyone.

In legal trouble? This Flint criminal lawyer will protect your rights: .

Applying The Law Of Attraction For Your Thoughts

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Rhonda Byrnes best-selling book, The Law of Attraction, uncovered umpteen things concerning how our thoughts determine what our life can be. The theory of The Law of Attraction claims that what we project to the universe directly comes back to us to affect our way of life either positively or negatively. Its the old adage of, What goes around comes around.

Developing a better life by thinking through yourself means that you will need to rid your thoughts of negativeness and thought process about things that are occurring or may be imminent happenings in your own life. You become what you think about most of the time. Understanding that, you can see that your thinking could have a primary force on your life.

So, alter your approach and youll change your life. Thats not as easy as you may think. Much like winning a gold medal in the Olympics will take time and application, the same is true for thinking positive thoughts in order that it gets to be a habit in your own life.

The following are some Law of Attraction strategies to turn ideas around and get what you would like out of life:

1.Think as to what you’ve always dreamed of. Do you require a new job? An outstanding relationship? Shed weight? Then, you have to think as if its already there rather than wishing and the resentment you’re feeling of being without those things. How does one act if you are CEO of your own company? What type of clothing could you wear had you been thin?
Picture yourself in those scenarios and think deeply about how it could feel and how others would look at you. Feel those feelings. Keep practicing and those feelings will ultimately transform into reality when you put action behind the thoughts.
2.Think of emotions which include gratitude, passion and love. These are definitely positive thoughts that could invite positive things and reactions into your life. The trick here is when something occurs thats negative in your life – even though youre thinking positive – you need to be the one to take control and not permit the negative happenings control your life.
3.Create positive thought patterns. Positive thinking exercises will enable you to attract more of what you want. Should you contemplate it consciously, your unconscious mind actually starts to create situations that can bring people and circumstances which you will want in your life.

There are several ways to exercise your brain toward positive thinking. Online help is available, as are some very well-written books about the topic. Begin now to use The Law of Attraction to transform your life in to the best it can also be.

Watch the video at http://goo.gl/dWVXeN