Return of the Personality of Law

One idea I am developing in my law and jurisprudence videos and essays is the persistence of natural law, as a source of law, and that perhaps not all law eminates from the state. Another interesting hypothesis is that multiculturalism, and escalating mass migrations of disperate communities from around the world into western states, is mimicking circumstances of “invasion” that occurred at the time of the fall of the Western Roman Empire, leading to the emergence of the “personality of law”, that the law that applies to you depends on your tribe. Our legal system is in denial about such developments, which are outside of its control. This is being masked in the West by the use of legal fictions, such as supposed “fundamental rights” like “religious” freedom, or cultural sensitivity, but no one can deny, increasingly, different laws are being applied in Western states to different people depending on ethnicity, religion and victim status. The “why” is the question. This is a reading from “The Civilian Legacy of the Roman Army: Military Models in the Post Roman World,” chapter 15, by Luca Loschiavo. There are a number or more or less persuassive theories as to how different legal rules come to apply in “multicultural” states, political expediency being one. Losciavo also considers whether special rules applicable to soldiers in the late Empire is an explanation, although the evidence in the West today suggests this is not the sole cause.