Law professors naturally overlook DEI's gift: the call for necessary goodness

 

https://lawliberty.org/podcast/from-equality-to-dei-and-back-again

Perhaps it’s been 10 years since lawliberty.org published public commentary such as mine. Some review board must have decided citizens ought not be considered academically “serious”. So much for “higher learning”.

In the first sentences of “From Equality to DEI—and Back Again?”, I thought word choices by James Patterson and Robert VerBruggen prevent them from exploring the gift of DEI or wokism as the latest development from liberation theology. I surmised there was no way they could make the leap to necessary goodness as humankind’s purpose. Too bad for their opportunity to aid churches.

I use an outline style to address their extensive coverage.

Phil’s points:

1.       Tolerance is not a civic word: in civic dialog, each party owns their opinion. The party who perceives tolerance pities the other, often changes the topic to avoid belittling them.

a.       “Serious” commentary on law and other opinion is rendered by civic citizens.

                                                               i.      Law professors may and do ignore civic citizens.

b.       Citizens may be appreciative and responsible but are not free of physics and psychology.

c.       Tolerant people deserve to chat about LSU sports or recent hurricanes.

                                                               i.      I don’t tolerate tolerance offered to me.

2.       Perpetrators of harm cannot be justly included in civic society.

a.       When harm is discovered, it must be adjudicated with statutory discrimination.

b.       Pursuit of law requires civic citizens to discover and legislate statutory justice.

3.       DEI stands for diversity, equity, and inclusion. A faction wants it to be mandatory, to constrain institutionalized white supremacy. Another faction holds that DEI imposes incompetence.

a.       Much of DEI has always been illegal.

b.       In practice, DEI is failure to accept humankind, that species with synapse-connected neurons that accommodate, language, grammar, and pursuit of necessary goodness.

c.       Collaborating humankind pursues good behavior. Factions require justice.

                                                               i.      Civic citizens support good behavior.

                                                             ii.      Dissidents and rebels may be encouraged to reform.

                                                           iii.      Criminals may be constrained.

                                                           iv.      Wickedness can be resisted and opposed.

                                                             v.      Evil can be annihilated.

d.       Civic citizens aid government to litigate and maintain statutory justice.

                                                               i.      Discovery of injustice inspires the work to establish justice.

e.       Race has never been a valid way to divide humankind.

                                                               i.      DEI seems a development from affirmative-action law.

                                                             ii.      And wokeness is only used to divide humankind on race.

                                                           iii.      Civic citizens collaborate for good behavior rather than divide.

                                                           iv.      The 1964 Civil Rights Act is about humankind, not race.

1.       Allowed to discriminate against bad behavior.

2.       Not authorizing modern division because of history’s oppressions.

a.       Slavery is as old as Homo sapiens.

b.       Factions, such as vocal minorities outside civic integrity, are a consequence of not collaborating to necessary goodness.

4.       Education begins with necessary goodness and the human desire for integrity.

a.       Humankind’s purpose on earth is to discover, journal, and apply necessary goodness.

b.       Necessary goodness is often unknown.

                                                               i.      Is nuclear fusion beneficial for energy on earth?

                                                             ii.      Is opportunity necessary to civic integrity?

                                                           iii.      Is civic integrity the ultimate national goal?

1.       Can a nation own integrity when some citizens are dissident, rebel, criminal, wicked, or evil?

2.       Does reform begin with legislation?

                                                           iv.      Can a person demand their favorite food from a bureaucrat?

c.       Higher education is bound to fail when necessary goodness is not inculcated in youth.

                                                               i.      Therefore, reform is needed in homes, churches, lower education departments, and in employment practices.

                                                             ii.      There is opportunity to inculcate in youth the comprehension and intention to pursue necessary goodness for life.

                                                           iii.      Employment may then be based on natural abilities and choices and the employer’s desire to hire the best candidate for their job opportunity.

1.       Meanwhile, institutions promote, inspire, and facilitate non-civic citizens to reform to necessary goodness.

2.       Refusal to reform lessens opportunity.

3.       Simplicity lessens legal costs; does not increase law careers.

d.       Educating human beings rather than racial factions lessens segregated housing.

                                                               i.      Yet factions may responsibly create communities they prefer.

1.       Black pride need not lessen white pride.

                                                             ii.      Choosing government contractors on merit spurs qualification for the work.

5.       Necessary goodness lessens bigotry and disparity by inspiring good behavior.

a.       The present generation cannot take responsibility for achievements of past generations.

                                                               i.      The Civil War ended slavery.

                                                             ii.      The Civil Rights Act of 1965 ended discrimination.

                                                           iii.      Meritocracy is the present generation’s responsibility.

1.       Necessary goodness increases human capital.

2.       Statistical integrity is essential.

a.       Make certain the controlling variable is included.

b.       Avoid creative falsehoods like “audit study”.

c.       Or “reverse discrimination”.

b.       It seems tragic that education departments don’t inculcate the importance of family.

                                                               i.      Focus on black men disparages civic obligation to humankind.

                                                             ii.      Marriage is trust and commitment for life, rather than a reported ceremony.

                                                           iii.      Using a stereotypical name is a personal choice, e.g., Vivek Ramaswamy.

1.       Focus on black choices seems like discrimination.

2.       Human independence to choose is defensible.

3.       But name choice is important to the person.

c.       Necessary goodness, which is pursued by the civic faction, We the People of the United States, constrains both constitutional opinion and statutory rule.

                                                               i.      DEI flees necessary goodness

                                                             ii.      The court seems to accommodate racial preference as a class issue.

1.       Unjust to favor Hispanics over Asians.

                                                           iii.      Public opinion, lacking civic integrity, does not pursue necessary goodness

1.       Americans pursue justice rather than fairness.

2.       But not everyone contributes; some insist on illiteracy.

3.       They have no chance when education departments fail necessary goodness.

6.       The Trump administration seems to be on the right march.

a.       Even handed.

b.       Solving the problems created by the left

c.       Compromise can yield to collaboration to necessary goodness.

d.       But DEI employees have no incentive to collaborate.

e.       Public opinion is unqualified to civic integrity, and fairness is not justice.

7.       It seems DEI and wokeness are synonymous.

a.       Debate “since the 1960s” harkens back to liberation theology.

                                                               i.      Evolution is progressing such that the oppressed will become oppressors.

                                                             ii.      It seems a Marxian imposition onto Roman Catholicism.

b.       The political gift of DEI is to point out that no person, much less a pope, has the prerogative to impose soul onto the life of a human being.

c.       By dismissing churches’ opportunities to respond to DEI, law professors miss an opportunity to re-direct 200 thousand years’ Homo sapiens misdirection.

                                                               i.      Instead of constructing mysteries with which to divide humankind.

                                                             ii.      Aid humankind’s quest to discover necessary goodness.

                                                           iii.      Educate, encourage, and facilitate every child to pursue good behavior.

Copyright©2025 by Phillip R. Beaver. All rights reserved. Permission is hereby granted for the publication of all or portions of this paper as long as this complete copyright notice is included.

The civic faction may & can celebrate 250th anniversaries without lessening the United States Constitutional Republic

 

The preamble’s faction, We the People of the United States, appreciate independence and practice good behavior; in other words, a civic people celebrate the English colonies' declaration of independence from England (1776) yet accept the power, authority, and responsibility to pursue the intended United States Constitution, ratified on December 15, 1791.

Introduction

                The article, “The American Revolutions of 1776”, by Vincent Phillip Muñoz, looks back 250 years. But more than 450 years is essential to his 3 revolutions: consent of the governed, natural rights, and true worship. It’s good that Muñoz cites colonial American thinkers. Beforehand, Europeans commented about Christian opinion from 1530’s Geneva about 200’s Roman authority. They advance 500 year old Protestant opinion selected from England, Scotland, Ireland, Holland, France, Sweden, and others. Even Aristotle’s 350 BCE opinion is insufficient to necessary goodness. Colonial America’s potential reaches both backward 5500 years to the invention of writing and grammar with which to collaborate and forward 14 years, to December 15, 1791, when the civic faction of 14 states ratified the intended United States Constitution to "ourselves and our Posterity".

                The thesis of my writing at this time is that humankind’s purpose is to research the laws of physics and apply the consequences to necessary goodness. Thereby, the individual, their societies, and the majority may and can collaboratively pursue good behavior during their generation. Something constrains the consequences of human choices, and humankind’s duty is to avoid repeating mistakes. Perhaps necessary good is the end of evolution, or the ultimate humility by humankind, or something unimagined. To insist on divinity, call it “The God”. To the extent that the Holy Bible represents necessary goodness, it is a reliable aid to just human rule. The amendable United States Constitution expresses intention to pursue statutory justice among fellow citizens and within the world.

Ancient literature

                In Mesopotamia, 5500 years ago, history became possible when Sumer Civilization invented writing and its servant, grammar. Sumerian kings opined that the gods were too busy with other-worldly politics to take responsibility for order on earth. The 4100 year-old Code of Ur-Nammu serves polytheism and addresses civic concerns unresolved today, like reducing poverty and caring for widows. Mesopotamian political philosophy is parochially expressed in Genesis 1:26-28, 31:  On earth, female and male humankind has the power, the authority, and the responsibility to rule, and that is good.

                A flood event convinced some people the world was controlled by anger. About 3900 years ago, a Semitic-speaking people left Ur to escape the religion of killing humans to obtain blood and meat for burning. The sacrifice was offered to bargain with the gods. A faction wrote, in Genesis 2 to 3 an alternative story: a speaking god and the fall of man due to his woman’s failure. These Semites continued blood sacrifice, expecting their god mystery to grant them peace in a promised national land. Local survivors developed traditional blood sacrifice, in order to establish and maintain obedience. In return, their god would usurp the people’s responsibility to behave.

Generations later, the God of Abraham promised that Hagar’s offspring would be as numerous as the sands and bargained with the offspring of Sarah for obedience. Male descendants of Abraham would be distinguished by circumcision. Traditional descendants of both Hagar and Sarah practice male circumcision today. A faction from Sarah divided into 12 tribes, Israel. One tribe, Judah, suggested a future anointed one would unite the 12 in an obedient kingdom. The writer of Psalm 82 thought civic people, gods facing death, oppose wicked people.

Before, about 2500 years ago, Agathon said a god’s greatest power is to do no harm, and Socrates asked if The God is appreciated for good behavior. About 2400 years ago, Aristotle suggested that behavior, good or bad, may be chosen. Also, ineluctable truth trumps friendship. Note also that ineluctable truth trumps reason. The literature recording these stories was translated into Greek, about 2300 years ago in the Septuagint. Therein, the patriarch Joshua is cited in Greek as Ἰησοῦς.

                About 2000 years ago, Rabbi Hillel said, "Do not do unto others that which you hate done unto yourself." In Galilee, a prodigy, Yeshua, was born to Aramaic-speaking Yosef and Myriam. Yeshua did not write, so contemporaries were free to imagine-and-craft stories. He reportedly said, “Be perfect” in pursuing necessary goodness. Religious leaders convinced the civil authority to execute Yeshua. Afterwards, entrepreneurs projected Yeshua onto prophecies and myths mentioned in the Hebrew Bible. Consequential entities include the Word, Jesus, the Jewish Messiah, the Christian Messiah, Christ, The Trinity, Jehovah, Isa, the good, and more.

Yeshua’s ancient and continuing influence to good behavior confounds if not contradicts ancient writers like Paul, Peter, John, James, Matthew, Luke, and others. Paul promoted the executed Yeshua as one anointed for blood sacrifice for the souls of all believers, circumcised or not, rather than to unite the 12 tribes of Israel to a kingdom. Paul, self-styled champion of pagans, opposed male circumcision, which separates his influence from both Judaism and Islam, descendants of Semites.

Books about Aramaic-speaking Yeshua are first canonized in Greek. Yeshua, translated Ἰησοῦς, obviously is not the then ancient Joshua. The Greek New Testament, 367 CE, presents Ἰησοῦς as the anointed one, Christou. The Roman Catholic Church published the Vulgate translation in 414, using Iesu Christi. The Wycliffe Bible, 1382, used Jhesu Crist. The Coverdale Bible, 1535 used Iesus Christ. The Geneva Bible, 1557, used Jesus Christ. Thus, “Jesus Christ” is only 468 years old. I prefer “Yeshua”. I think Yeshua’s influence is my lord.

Sumerians took responsibility for ordered living. Contemporary Semitic-speaking people sought to escape human sacrifice then used animal sacrifice to obtain blood for bargaining with their God. Their patriarch commemorated the bargain with male circumcision. His descendants divided according to matriarch Hagar, or matriarch Sarah, and others. A small faction of Sarah’s descendants became Israel, and the tribe of Judah prophesied one anointed to unite the 12 tribes in obedience to Israel’s God. Orthodox Jews await the Messiah. Peter, an apostle chosen by Yeshua, established a Church who presumes to improve the Holy Bible’s theology – soul salvation with incidental good behavior to the body of Christ, including Messianic Jews. Paul, a self-styled disciple of Yeshua, established churches predicated on communal, perhaps antinomian salvation of souls, whose persons are elected to believe in Christ’s sacrifice on the cross. Yeshua told the 12 apostles they did not understand him. Adding Paul to make 13 ancient churches, in 2025, there are 45 thousand Christian sects. There are Muslim sects, Jewish sects, and others. It seems few individuals accept the power, authority, and responsibility to pursue good behavior as suggested in Genesis 1:26-28, 31 and affirmed in Psalm 82 and by Yeshua in Matthew 5:48.

Choosing a bible theology rather than pursuing good behavior -- in humility to whatever constrains the consequences of human action -- is a trust and commitment I cannot, will not take. Consequently, I hold the Declaration of Independence a national and global treasure in that it declares war against King George II, in order to gain independence from English and religious tyranny over the colonies on the Eastern Seaboard of North America. Thanks to France and Spain, who did not want England to gain control of the Mississippi River, the 13 colonies became independent states in 1783. And added colonial Vermont before ratifying the intended United States Constitution in 1791.

Celebration of 1776 ought not overshadow the United States constitutional republic the Revolutionary War empowered.

Transitions to American thought, then to United States intentions

                Since before 414, Roman Catholicism has dominated Judeo-Christian politics. Intentions were to regain Jerusalem from Muslim rule, in 1099, then to stamp out decent in Europe. The 16^th century’s Protestantism is weakened by sectarianism. The European competition became regal as kings chose either Catholicism or constructed a sect of Protestantism. Sir Robert Filmer (d. 1653) defended the divine right of kings in competition with the Pope. In 1690, John Locke wrote extensive opposition to Filmer and expressed many enduring ideas, including “common – consent, equity, good, interest, law, practice, right, rule, safety, sense, wealth, etc.”. Unused property is an offense against nature. A person enters society “to preserve himself, his liberty and property”.

Individuals in Europe sought freedom from the local religious oppressions they suffered. When they escaped to America, their initial debates addressed European issues. But by 1783, independence was won, and they had been, for 70 years, focused on domestic responsibility. George Washington urged them to let the Atlantic Ocean separate them from European conflicts.

                It is essential to celebrate the United States promise, won on the 1776 Declaration of Independence with the aid of France, Spain and Holland. However, its justification developed on the global happenings since 5500 years ago and before. And the United States intentions are recorded in the amendable, 1791-ratified United States Constitution. I turn now to Muñoz’s article on the Declaration of Independence.

Equality or order?

                Nearly 2100 years ago, Cicero controversially said, “The wise are instructed by reason, average minds by experience, the stupid by necessity, and the brute by instinct.” Perhaps Cicero had not read Psalm 82, which suggests that civic citizens may and can constrain the wicked. Verse 7’s “like every other ruler” may refer to Genesis 1:26, “so that they may rule” in good behavior. The idea that civic citizens may and can constrain human error is not new.

                There’s no clearer suggestion of inequality than when one citizen offends another. The civic citizen improves Yeshua’s process for resolving human conflict, suggested in Matthew 18:15-17. Often, the complainer learns, in Step 1, that he or she wronged the other; on so learning he or she may make amends. Second, the challenge of involving an uninterested third party can convince the conflicted parties to collaborate on a solution. Third, no society arbitrarily condemns a fellow citizen. Locke understood Matthew 18, writing, “In transgressing the law of nature, the offender declares himself to live by another rule than that of reason and common equity, which is that measure God has set to the actions of men, for their mutual security.” However, there’s no humility in a writer expressing personal opinion as characterization of God.

The government claim, “men are created equal” is insincere, except to object to the divine right of kings and to attempt to refuse Genesis-1’s power, authority, and responsibility to rule to necessary goodness on earth. In 1763, Massachusetts’ James Otis erred to claim natural rights held by all men are divinely inspired; divinity is a human construct that may or may not correspond with actual reality. In 1776, Thomas Jefferson asserted that King George was no more god-facing-death (Psalm 82) than a typically responsible colonial American. Yet he ignored both Genesis-1 command to rule on earth and practicable common sense, in order to debate 1776 religion. And he had to write “life, liberty, and the pursuit of happiness” instead of Locke’s phrase (above), to avoid the debate about slaves as property. Also James Wilson’s focus on rights opposes Aristotelian order pursued by responsibility.

Authority by consent and responsibility

                Neither being a person nor having been born/naturalized a United States citizens means you consent to governance or commit to allegiance to the republic. Both the laws of physics and the United States Constitution exist, and the civic citizen pursues safety, security, and statutory justice. When the consequences of choice is injustice, the civic citizen observes the law while aiding potential amendment to establish and maintain justice.

Each citizen owes it to self to comprehend and commit to the preamble to the United States Constitution, in order to choose to participate in United-States-republican governance. I convert the preamble’s predicate phrases to nouns and paraphrase its proposal as follows: The civic faction, We the People of the United States, proffer & practice six public pursuits —- integrity, justice, safety, strength, prosperity, and responsibility, “in order to” pursue happiness “to ourselves and our Posterity”. “Posterity” includes our children and legal immigrants. The preamble invokes neither race nor religion. I am interested in readers’ opinions.

We observe in Genesis 1 the primitive opinion that female and male human being are charged to rule on earth. In the millennia, perhaps six, since that policy was expressed, humankind has achieved astounding discoveries, including that the laws of physics impact if not control psychology as well as physics. The idea that a person may and can consent to governance is laughable. Yet, happily, I voted for President Donald J. Trump in his first primary and thereafter. I think he reformed from any errant personal past and support his administration of the United States republic. When a person hears that a Category 5 hurricane is on the way, neglecting the news risks survival. On the other hand, choosing a religion, including atheism, is futile, and consenting to one is ruinous.

I do not support Muñoz;s first 1776-revolution. I express preference for responsibility rather than rights.

Worship

                Worship and praise is an institutional contrivance rather than a discovery. It purports to bargain for favor rather than pursue good behavior. In Sumer civilization, ziggurats were built high, with a temple on top so the gods could and might choose to live there. Worship and sacrifice were closely guarded by the priests. As polytheism gave way to monotheism, religion proliferated exponentially. There’s only one sun god in this solar system, so discovery that suns are natural nuclear reactors lessens the gods. But imagination to invent gods has no limit. So what does necessary goodness require? Micah 6 suggests justness, mercy, and humility.

                Divinity pursues competitive doctrine rather than the ineluctable truth. For example, one of Harvard Divinity School’s most celebrated graduates, Ralph Waldo Emerson, said that making Jesus divine hid necessary goodness forever, so Harvard banned Emerson for 30 years. Today, Harvard may read about Yeshua in Wikipedia and observe in the Complete Jewish Bible (1998) that Yeshua commends necessary goodness. There’s no excuse for using translation and transliteration to “Jesus” to obscure Yeshua’s civic influence. I doubt there exists a divinity school professor who humbly pursues the ineluctable truth. That is, truth that cannot be avoided, or changed, or resisted.

Consequences of the Revolutionary War

                In 1777 wartime urgency, the 13 colonies issued the Articles of Confederation, as “The United States of America”. They ratified it on March 1, 1781.

France, Spain, Holland, and the contributing 13 English colonies won the war against England. Cornwallis’s army surrendered on October 19, 1781 at Yorktown VA, to both France and the 13 colonies. Treaties were negotiated at Versailles and signed on September 3, 1783. Representatives of King George III of Great Britain signed two treaties with each France and Spain with prior knowledge by the Dutch Republic. Then, the Treaty of Paris was signed with representatives of the states. The Treaty of Paris lists the 13 states by name. The Continental Congress ratified the Treaty on January 14, 1784 in Annapolis, Maryland. Vermont remained independent of the Confederation Congress.

The Articles of Confederation was insufficient to domestic disputes among the 13 states. In 1786-7, Shays’ Rebellion prompted movement toward a federal government. States excepting Rhode Island sent delegates to the Constitutional Convention in Philadelphia during the summer of 1787. The majority, 39 of 55, delegates issued the draft Constitution on September 17, 1787. The required 9 states ratified it by June 20, 1788, provided the First Congress would amend it with a Bill of Rights modelled after the 1689 English Bill of Rights. Congress was seated with eleven states in March, 1789. Vermont was added, and the required representatives of 10 states ratified the Bill of Rights on December 15, 1791, completing the then intended United States Constitution.

I celebrate the colonial war for independence from England, marked by the 1776 Declaration of Independence. However, it may not and cannot overshadow the importance of the United States Constitution, by which the republic stands. No one can recall the Revolutionary War. But every citizen may and can own and commit-to their view of the preamble to the United States Constitution.

Conclusion

                The 1776 Declaration of Independence records colonial America’s declaration to the world to accept them as free and independent states. The Declaration was not intended to establish a revolutionary code of law to any or all of those states.

Copyright©2025 by Phillip R. Beaver. All rights reserved. Permission is hereby granted for the publication of all or portions of this paper as long as this complete copyright notice is included.