The Unseen Hand

The exercise of government force in our lives can only be justified by an Unseen Hand.

The Unseen Hand is what determines the destiny of men and nations resulting from what we do or choose not to to.

It is the force that determines the consequences of our acts and failures to act.

It is an essential concept in law.

To be convicted of a crime the court must prove that an individual acted with intention to cause harm. If a harm is not a foreseeable consequence, the accused cannot be proved to have intended it. One cannot intend what one does not foresee.

To be held responsible for a civil wrong an individual must have breached a duty he knew about (or should have known about by the exercise of reasonable care). When one breaches a duty that the law recognizes, he is legally responsible for the foreseeable harm his breach of duty causes.

Our court’s judgments and the exercise of state power are justified only by whether and to what extent the harms being tried by the court resulted from actions that were foreseeable from the standpoint of the defendant.

Courts must establish foreseeability in every case before they can lawfully impose the force of the state to legitimately control us.

None should be legally responsible for the consequence of his actions if the consequence is not reasonably foreseeable from his own personal point of view

The Scales of Justice rest on this bedrock foundation.

In a civilized society we share a duty to act “reasonably” with regard to each other, and what’s “reasonable” or “unreasonable” can only be measured by how carefully we consider the foreseeable consequence of our actions.

In a civil case the consequence must be reasonably foreseeable.

In a criminal case the consequence must be strictly foreseeable.

Jurisdictionary® wishes everyone to understand that governments are only legitimate when they act reasonably, always contemplating the foreseeable consequence of their leaders’ exercise of power over the citizenry.

For courts to exercise power to control us, they should be required to prove by admissible evidence that our actions are un-reasonable, i.e., that we acted without regard to the foreseeable consequence of our actions.

Civilization itself is erected and maintained on this inviolable premise.

When men in positions of authority and power ignore the Unseen Hand, responsible citizens must act to restore and promote this eternal truth through the mechanism of our courts, instead of imagining that complaining loudly or carrying signs in the street could re-establish our intricate system of Justice when its essential order is usurped and abused by self-interested charlatans and money-driven tyrants.

The power of the people to preserve and protect our intricate system of Justice is derived from knowledge of the easy-to-understand rules of evidence and rules of procedure that control judges and command that wrong be remedied by decisions that adhere to this reality.

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