The Liberal System likes to adorn itself with the label “the rule of law,” implicitly suggesting that other systems of belief, other non-liberal states or statelets throughout history solely function as lawless entities violating the freedom of their citizens. This is not true. Since time immemorial states worldwide, even the worst tyrannies, have used legislative policies when passing a verdict against political opponents or common criminals. The problem is not whether those illiberal states or statelets are/were just or unjust; the problem is rather the right or wrong choice of words and the subsequent interpretation of those words by the detractors or proponents of those states.
For instance, legislation in communist Eastern Europe and the Soviet Union contained detailed constitutional structures covering all aspects of citizens’ lives. The same goes for Fascism in Italy and National Socialism in Germany (1922–1945), whose leaders considered their country’s laws far more freedom-loving than the laws of the Liberal System. In contemporary America, under the cover of the grandiloquent expression “the rule of law,” the judiciary tends more and more to slide toward excessive legalism—lawfare by any other name, which sooner or later leads to administrative disruption with a possibility of triggering civil unrest. Currently, this process of lawfare can be observed in the US judiciary, as illustrated by numerous indictments against former president Donald Trump, by Letitia James’s crusade against VDARE, the Charlottesville lawsuit, and much else. Moreover, the quasi-Soviet-style trials of thousands of January 6 Capitol protestors are in full swing with defendants becoming subjects of poorly defined and often abstract misnomers (rioters?,