Constructive Fraud

Infant circumcision is PAINFUL (trauma scientists note that the body keeps the score, mind memory or not), it is elective surgery without CONSENT, it STEALS the victim of their decision of personal preference. It is ARCHAIC.

What human does that to his fellow man. What human threatens expulsion for not doing it; Adolf & Moses. Warlords do it, but when their time passes, we can return to being humane. As Victor Frankl notes i n his experience of Nazi concentration camps (From Death-Camp to Existentialism), a man’s group affiliation does not convey who will act with compassion vs viciousness. We see this everyday in the fight for human rights for newborn citizens. One may expect to be met with hostility and find an allie, or expect an allie, and be met with hostility.

The elements of Constructive Fraud are:

  • a duty owing by the party to be charged to the complaining party due to their relationship (A fiduciary duty is the highest standard of care in equity or law.)
  • violation of that duty by the making of deceptive material misrepresentations of past or existing facts or remaining silent when a duty to speak exists;
  • reliance thereon by the complaining party;
  • injury to the complaining party as a proximate result thereof; and
  • the gaining of an advantage by the party to be charged at the expense of the complaining party.

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