Part 4 What is Law & What is not Law?

Taking on the Corporations (Click here for index)

Part 4: What is Law & What is not law? 

 

In this section I will discuss the most basic aspects of law, what it is, and what it is not...

 

First of all I would like to draw your attention to one distinct kind of Law:

At school, in general science, we learn, for example, about “The Law of Gravity”.  

Furthermore, at all times, day in and day out, in everything we do, we understand what The Law of Gravity means to us. We don’t have any choice in the matter - it means that we are stuck to the surface of the Earth day and night. It means that, to leave the Earth’s surface takes effort, for example jumping, and we will always return to the Earth’s surface.

 

I have pointed this out because it is an excellent example of law. There are others like it, which we could discuss, but the point is that we can collectively call them “The Laws of Physics” or better still, “The Laws of the Universe”.

 

They are inviolate.

They are incontrovertible.

They are implacable.  

They apply at all times, to everyone and everything, without fear or favour.

 

They are LAWS in the truest sense of the word.

 

An important point to note is that humanity does not make laws. All our Scientists have ever been able to do is to ‘discover’ them; and, as far as possible, create mathematical formulae to express them. 

The Laws of the Universe are also the Laws for People - simply because people are affected by the Laws of the Universe - just as much as anything else organic, and everything inorganic.

 

So what else falls into the category of Law?

 

Nothing really, but there is something that almost does and it’s called Common Sense…

 What’s more, we do need some kind of system so as to enable people to “Live together, within a community, without too much acrimony”And most (if not all) of us know what that would entail by virtue of our Common Sense, for example we know more or less what upsets other people and we know what doesn’t…

That ‘knowing’ by virtue of our in-built Common Sense, is known as The Common Law.

 

The Common Law is not, strictly speaking, written down – although its ‘basics’ can be, in the form:

  

1. Do not deliberately cause injury to another, and (as far as possible) take sufficient precaution such that it doesn’t happen accidentally

2. Do not deliberately cause loss to another, and (as far as possible) take sufficient precaution such that it doesn’t happen accidentally

3. Do not deliberately breach another’s peace, and (as far as possible) take sufficient precaution such that it doesn’t happen accidentally

4. Do not employ any mischief in your promises, agreements, and arrangements.

 

 

Common Sense forms our Common Law – which is also known as legem terrae in Latin, or “The Law-of-the-Land” in English. And Our Law, our Common Law, is almost as inviolate, incontrovertible, implacable, applicable at all times, to everyone, without fear or favour - as are the Laws of the Universe.

 

That’s Law, what it is, and where it comes from.

 

How it is applied, within common law, is by means of Juries of 12 ordinary people, listening to facts, and making a combined decision called a ‘Verdict’. And that’s the only difference, in practice, between The Common Law and the Laws of the Universe. In the latter case; no Jury, no vote, no opinion is required – e.g. things fall downwards, and that’s all there is to it.

(It should also be noted that the crime of murder is a Common Law crime. Thus to disavow the Common Law, disavows the crime of murder. The consequence would be that someone could pre-meditate to take the life of another (without, necessarily, requiring any reason whatsoever), and no crime would have been committed in that a circumstance. This is the absurd position we would all be in, without the protection of the Common Law.)

 

Distinguishing between law and non-law

 

We discussed statutes in Part 3 and hopefully said enough to clarify when they apply and to whom.  I am now going to demonstrate the differences between law and legislation, or statutory law as it is often called to mislead us.

 

All legislation, including Statutes, Acts of Parliament, Local Government Acts and Regulations, such as those mentioned earlier such as council tax, TV license, parking fines, speeding fines etc, are not Laws they are statutes and if you do your research you will find that statutory laws are subordinate to the higher constitutional laws of the land. (I will go into more detail on this in part 5).

 

There are two distinguishing characteristics between Law and Statutes/Acts/regulations/Administrative Law etc:

First of all Statutes/Acts/Regulations/Administrative law etc can be repealed... and have been on many occasions.

 

Can you repeal Common Sense? No.

Can you repeal any Law of the Universe? No.

 

I suggest that a characteristic such as ‘cannot be repealed’ is a very powerful characteristic, a ‘distinguishing’ characteristic; thus distinguishing between Law and non-Law.

 

So what are Acts of Parliament, and Statutes et cetera if they are not Law? And what are Judges and Magistrates involved in, if it is not Law? 

The answer to that is ‘Legislation’. To create ‘Legal’ situations, ‘legal positions’, ‘legalities’, et cetera, but NOT Law.

The problem, of course, is that everyone has always been encouraged to refer to legislation as “law”. Thus the ‘inviolate, incontrovertible, implacable, applicable at all times, to everyone, without fear or favour’ attributes of law are taken on by statutes, in everyone’s mind, at least; thus a parking offence, or non-payment of council tax, becomes as serious as breaching the law of gravity.

 

The other distinguishing characteristic between the Laws of the Universe and legislation is that the Laws of the Universe cannot be broken, thus there is no penalty for breaking them. Legislation always includes prescribed penalties for violations.

In the case of Common Law it is possible to break it, but in this case a Jury decides the punishment to fit the crime, once again, by virtue of its innate Common Sense.

 

(NB: Although I’m detailing this from the perspective of someone in the UK it is worth noting that a similar method exists practically worldwide; remember how tiny little Britain once had a Great Empire that spanned the globe?

Well it left quite an impact…

Independence was often granted only on the basis that Britain’s system of control would remain in place after handing colonies back to the rightful owners. Independence is just another illusion, and none more so than America’s - Upon independence the corporation previously known as the Virginia Company simply changed its name to ‘The United States of America’, ‘America’ or simply ‘The USA’. 

A cold hard fact that 95% of Americans are unaware of is that the USA is a corporation that is owned by the British Crown - that’s where their IRS tax goes. And it is also true that no American legally owns their land, it all belongs to the British Crown and the original charter states that the landmass known commonly as America cannot be bought or sold.  See one of my older articles Queen of the USA for some more information.)

 

Coming soon – Part 5 Common Law

Back to Index

 

web analytics