Why We Are Divided - The Rise of Positive Law

Discernable® News and Editorials

Ethics: Why We Are Divided - The Rise of Positive Law


While everyone is arguing the surface issues (support for lockdowns, vaccine passports, illegal playgrounds, protests) we are ignoring the underlying warring perspectives.

When people claim ‘I have human rights that no law can abridge’ they are appealing to a Natural Justice perspective, which has informed much of our historical development in the West – certainly in the field of human rights.

Modern human rights stances can be traced to Thomas Aquinas, and his ideas underpin everything from Occupy Wall St protests to Black Lives Matter protests and now to the anti Lockdown protests and anti vaccine passport protests. Even though politically disparate, they all rely on a Natural Justice narrative.

When people claim ‘I’m just following orders/doing my job’ they are appealing to a Positive Justice perspective, which arose with Thomas Hobbes and his ideas of ‘Social Contract Theory’. Jeremy Bentham furthered Hobbes’ work on Positive Justice (and hatred of Natural Justice) in setting our culture of government surveillance, fines, community policing one other, and Chief Health Officer directives.

This momentum of replacing Natural Justice with Positive Justice is seen in our legal systems where legislation increasingly usurps common law and politicians, media and voters all clamour to ‘create a new law’ to fix the latest problem.

It is also mirrored in economics where the well accepted ideas of Adam Smith (supply vs demand etc) are replaced with Modern Monetary Theory and various other ideas with inductive reasoning.

It is further mirrored in the decentralisation of truth (‘your’ truth), gender and race identification by intent only, moral relativism and other movements which seek to ‘create’ rather than ‘discover’.

Not that Positive Justice is wrong, or doesn’t deserve a place at the table, but we must be aware of the underlying friction to understand why people are so partisan on human rights, lockdowns, mandatory vaccinations etc.

NB: for the purposes of this brief and narrow explainer video, histories and details have been compressed and narrowed and I fully acknowledge the unexplored depths of Socrates, Plato, Aristotle, Cicero, Aquinas, Hobbes, Bentham, Locke and Smith.

Matt Fox - Charged by Police for #LetUsPlay

The Discernable Interviews

Matt Fox - Charged by Police for #LetUsPlay

34 Minutes

Matt Fox is a former pro athlete, personal trainer and ‘Fitness Influencer of the Year 2020’. He publicly threw away a council ‘play ground closed’ sign to much applause but unfortunately QLD Police turned up on his doorstep the following morning and have now charged him with ‘stealing’ which carries a maximum sentence of 5 years in jail.

I interviewed Matt to find out why he did what he did, whether he regrets it, and the ramifications. We also explore fitness and diet during lockdowns.

1:45 Matt Fox has been liberating playgrounds
2:20 The offending video
3:35 Speaking up for the children
5:00 Charged by QLD Police
5:46 Police rummaging through our bins
7:06 10,000 calls to Kid’s Helpline
8:54 #LetUsPlay is about more than playgrounds
10:54 Matt Fox did not pull down the sign
12:00 Up to 5 years in prison
15:00 The world is laughing at Australia
15:40 People fleeing Melbourne
18:15 The upcoming court case
20:51 Why is Matt still fat?
21:43 Giving up on gyms
24:15 Eating what you want to eat
25:22 Diet vs Exercise
26:38 Why do people fail their body goals?
28:44 The psychology of going from overweight to shredded
33:13 An example of real fatherhood

Season 5 Episode 7: Arguing About Nazi Germany

The People's Project

Season 5 Episode 7: Arguing About Nazi Germany

1hr 19min

In episode 7 of The People’s Project:

  1. Victoria Police call Victorians ‘Pussies’
  2. Secret footage of Police Curfew Soldiers
  3. We are shooting animals in the name of Covid
  4. Australian mocked on the world stage
  5. Quiet, civil disobedience the only way out
  6. Matt Fox threatened with jail for #LetUsPlay
  7. Children can no longer escape abusive homes
  8. Social conformity – why we comply to non sensical directives
  9. Vaccinated vs Unvaccinated Debate – are passports ethical?
  10. Professor Doug Little wants to ‘crush resistance’, force compliance’ with government mandates
  11. The most vaccine hesitant group is PHDs
  12. The Tesla Bot
  13. ACT Magistrate encourages Extinction Rebellion to continue property destruction
  14. Nirvana being sued by the baby on their Nevermind album
  15. Afghanistan and losing perspective
  16. Expose yourself to opposing views

Respect the Health Advice - Keep Outdoor Playgrounds Closed

Discernable® News and Editorials

Respect the Health Advice - Keep Outdoor Playgrounds Closed


An alarming number of messages, pictures and videos have been flooding in of parents disobeying the health advice of Victoria’s Chief Health Officer by cutting tape and restoring children’s access to outdoor playgrounds.

I note that it is a fineable offence to touch or otherwise use outdoor playground equipment, and that the Chief Commissioner of Victoria Police has made it clear that his members will be patrolling parks and enforcing these health directions to keep us all safe.

By removing caution tape, cutting zip ties and restoring outdoor playground function you are effectively inciting children to break the law and perhaps more importantly – endangering us all by spreading the virus.

I cannot condemn it strongly enough. Respect the health advice, keep playground equipment taped up, and report any children playing on outdoor playgrounds to the Police Assistance Line on 131 444 or visit onlinereporting.police.vic.gov.au to lodge a report against those offending children.

We are all in this together Victoria, and with your assistance we can stop children from endangering everything we’ve worked so hard to achieve.

Interview with Matthew Guy MP on the closure of Playgrounds: https://discernable.io/letusplay-with-matthew-guy-mp

Discernable’s report into the crashing mental health of children in Australia due to Lockdowns: https://discernable.io/what-about-the-children-the-looming-epidemic-in-our-young

Twiggy vs Swoop Digital: a Modern David and Goliath Story

The People's Project

Twiggy vs Swoop Digital: a Modern David and Goliath Story

26 Minutes

This is the story of Twiggy Forest vs Swoop Digital.

It’s a story of theft, dishonesty and moral hypocrisy.

Watch to hear how Australia’s beloved billionaire Andrew ‘Twiggy’ Forest’s company Tattarang is crushing small Aussie business Swoop Digital by stealing their logo, assuming their reputation in the marketplace and pushing the same services by stealth.

Just how much of an Aussie hero is Twiggy really if this is how his companies conduct themselves?

#LetUsPlay with Matthew Guy MP

The People's Project

#LetUsPlay with Matthew Guy MP

22 Minutes

20 August 2021

Matthew Guy MP is the former leader of the Liberal Party in Victoria. Today he accepted an invitation to visit an outdoor children’s playground with me and explain why politicians are not standing up for our kids over the immoral, unscientific and – until they release health evidence – illegal closure of playgrounds across Melbourne.

We discussed the crisis in mental health, the stupidity of closing outdoor playgrounds, the legality of such disproportionate actions, and the evidence that schools should safely open NOW, long before any vaccination targets are reached.

Discernable’s report into the crashing mental health of children in Australia due to Lockdowns: https://discernable.io/what-about-the-children-the-looming-epidemic-in-our-young

LIVE Panel: David Limbrick, Tim Quilty, Samir Banga, Bill Lang, Richard Riordan, Ken Phillips

The People's Project

LIVE Panel: David Limbrick, Tim Quilty, Samir Banga, Bill Lang, Richard Riordan, Ken Phillips

1 Hour 36 Minutes

Breaking the story of David Limbrick MP and Tim Quilty MP protesting on the steps of Parliament in Victoria, Australia.

After Premier Dan Andrews shut down parliament, these two MPs took the only action they could – continue to legally work in their workplace (parliament), albeit on the steps, standing up for the children of Victoria who have been crushed by lockdowns.

Their only demand? Open the outdoor playgrounds and let the kids play. Interestingly, David and Tim are the ONLY legal protestors in the state due to lockdown. They are actually legally still ‘working’ at their workplace as politicians ‘conducting parliamentary business’.

During this panel we were joined by:

Matt from Discernable
Emily from Voice for Victoria
Topher Field
Damian Coory from The Other Side Australia
Richard Riordan MP
Samir Banga from Banga Legal
Bill Lang from Small Business Australia
Ken Phillips from Self Employed Australia

Discernable’s report into the crashing mental health of children in Australia due to Lockdowns: https://discernable.io/what-about-the-children-the-looming-epidemic-in-our-young

Season 5 Episode 6: No End in Sight, Religious Fervour, Disease Hall of Fame

The People's Project

Season 5 Episode 6: No End in Sight, Religious Fervour, Disease Hall of Fame

1hr 24min

In episode 6 of The People’s Project:

  1. The Ministry of Truth Expands to Australia
  2. No End in Sight for Au/NZ Lockdowns
  3. Religious Fervour for the Lockdown Cult
  4. Rules for Thee but not for Me (and why the mainstream are giving up on following them)
  5. A Glitching Prime Minister
  6. The Disease Hall of Fame
  7. Stop Relying on Big Platforms

What About The Children? The looming epidemic in our young

Discernable® News and Editorials

What About The Children? The looming epidemic in our young


We’re safe. Great.

Thank you Dan Andrews, Gladys Berejiklian, Mark McGowan and Anastasia Palaszczuk. There are other Premiers and a Prime Minister, sure, but you four are the most responsible for ‘keeping us all safe’ from Covid-19 with your ‘fast and hard’ lockdowns, consequences be damned.

You are therefore also responsible for those consequences. Here is a looming one: the mental health crisis in our children, which is rapidly spiraling into a physical health crisis.

In this sit down with Dr Carolyne Bosak and David Limbrick MP we completely ignored the ballooning weight and other markers of sickness in our children associated with a sedentary and isolated lifestyle. We focused on the elephant in the room – exploding cases of depression, self harm, and suicide ideation caused by lockdowns. These are slowly being proven in the statistics and it was always going to take time because of the lag built into this type of data collection.

Harms from Covid-19 may be more immediate and therefore more apparent, but that does not mean they are more severe than what we must now watch unfold for the coming years. The emerging data showing the mental health disaster is not predicted to peak until mid 2022.

There is a long road to travel.

So, just how ‘safe’ did our governments keep us?

If you or someone you know is struggling with mental illness, please contact Lifeline on 13 11 14 https://www.lifeline.org.au

Season 5 Episode 5: NSW Non-Lockdown, VIC Lockdown 6.0

The People's Project

Season 5 Episode 5: NSW Non-Lockdown, VIC Lockdown 6.0


In episode 5 of The People’s Project:

  1. NSW and the tale of two different types of lockdown.
  2. Australia’s National Cabinet no longer a secret! FOI will reveal all.
  3. Brain Bias – looking at the way our brains notice and miss information.

The Twitter Mega Thread we mentioned;