Showing posts with label Law. Show all posts
Showing posts with label Law. Show all posts

Thursday, August 1, 2013

Day 341: From Feudalism to Capitalism - With the Aid of The Common Law



By capturing a greater share of the wealth of England, the growing mercantile class also captured a greater influence over the law of England. A common law designed primarily to protect the rights of feudal land ownership was wholly inadequate to the needs of a class whose goal was the accumulation or profit through trade rather than the -the protection of hereditary lands. What was needed were laws that would protect capital and the rights to its accumulation, insure a steady flow of profitable trade goods, and control the problems posed by a growing class of mobile urbanized laborers and artisans, no longer bound to the land, whose livelihoods were dependent upon the vagaries of both national and international trade. By the middle of the fifteenth century the English nobility, and even the crown, was firmly in debt to the mercantile class, and laws that would meet the needs of the powerful mercantile class began to emerge. 
As capital became more central, it increasingly enjoyed state protection in the form of criminal laws designed to punish those who interfered with what had come to be acceptable -forms of capital accumulation.
In sum, during the 300 years preceding the establishment of English colonies in North America, three important innovations were introduced into English law and English legal thought. 
First, law became an important ally of those seeking to maximize profit through capitalist market relations by defining many acts that disrupted the predictability of market relations as crimes, that is, as harms against the state, rather than as civil violations of contracts between individuals
Second, criminal law came to be seen as an appropriate tool for insuring an adequate supply of cheap labor, first for the agrarian economy and later for the developing industrial-mercantile economy of early capitalist England.  
Third, and perhaps most importantly for contemporary criminal law, members of the laboring class who turned to theft, violence, idleness, or other forms of deviance as an adaptation to the brutal conditions of their lives were defined as criminals. In so doing the English State absolved the emerging capitalists who profited greatly from the brutal conditions of working class life of all responsibility for the consequences of these conditions.


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And here is our in-your-face-truth, the system has always understood that the conditions of the working class are Brutal, The Law is the Military Arm of the System which is not meant to work for All, but just for some.

Some time ago I wrote a provocative article on Slavery asking  'Why did we abolish Slavery, again?', implying that it was a very efficient system for those that wanted to squeeze the Life out of some so they could make the best lives for themselves.
Someone replied that slavery was ineffective, the slave owners actually had to take care of their slaves, there were obligations in place, like food and shelter and, hear hear, medical care.

Cowperwood returns day after day to a primal scene of the lobster slowly dissecting the quicker but cornered squid, snatching a clawful of flesh whenever the squid drops its guard. Transfixed by this developing drama and its inexorable resolution, Cowperwood is both shocked and exhilarated, transformed into a proto-tycoon: “The incident . . . answered in a rough way that riddle which had been annoying him so much in the past: ‘How is life organized?’ Things lived on each other—that was it.” Theodore Dreiser’s 1912 novel The Financier

What we set up with Capitalism instead was far more effective, we found better ways to 'live on each other', our Slavery became Money and through Money and Debt most were enslaved to a make belief system of worthlessness, of less-ness and we made sure to write down our tradition and customs of Abuse, so we could keep them going, we legitimized them, more, we made them compulsory, abuse is now an organized compulsory trait of the world that we call Common Law.

What if we said Enough?
What if we woke up from our dream of less-ness to become Equal, to stand as Equals to Existence, standing as a point of self responsibility for ourselves and the rest of the world?
Can we even contemplate that?

If we can't is because we are brainwashed, we have been brainwashed into Inequality, everything that exists stands as a remnder that We are Not Equals, The Churches, The Palaces, the Pyramids, anything we praise and look up to is just another link in the chains that keep us bound to our less-ness.

Can we consider every other living being as having the same value that we want for ourselves, the same right to a Dignified Life, the same worth, what if we could?

That would be the moment when we Right our Wrongs, then we'll have the Right to Life back, as we give it to others, as we make sure no child goes hungry, no parent goes worried, no one is homeless or forced to live a life we are not willing to live.

It's either Heaven for All or Hell for All, because we can only live and be what we are willing to give to others, and unless we make sure that All have enough, we'll never have enough, Money will never take away the underlining sense that there is something terribly wrong with this world, and there is, it's US, We have for-gotten instead of for-given, we have for-gotten everything we could, because we believe there is no Law regulating our behavior, we con-fused ourselves with The Law, the One that Some Have Designed and then Wrote down to keep us in a Place that Works for Them, we entertained ourselves with the idea of being 'legit' just because we didn't break the 'code', ironic isn't it?
What if the Code we wrote down and defined as Law is Not Aligned with the Law of the Universe that regulates All Things, what if there was One Law, the one that Jesus told everyone, the One that Jesus lived, to Give As You Would Like to Receive.
Are we excused just because some are not living their for-giveness? Will they be for-gotten then, shouldn't they all be forgotten, shoudn't we all be forgotten if we have not lived for-giving, for-give-ness?

Review Your Judiciary System, there is no Right or Wrong, no Religion, no one more valuable than you, there is Only What is Best for All - The Law is just a testimony to our centuries of Abuse, it will be realigned to the Law of For-Giving and there is a lot of for-giving to do, just look around. It's Time.


Join us, the right to Life starts with a Living Income Guaranteed, because if Life is Not a Right for All, it will never be Right for You.




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Wednesday, July 31, 2013

Day 340: The Common Law is Feudalism in Drags








Part of the problems we live in this world is that, of all the systems that surround us, we don't question nor how they came to be in existence nor their fairness, we accept that everything is just the way things are.

Many may have noticed, if they have a certain age, that 'The Law is Not Equal for everyone', and even that we seem to accept, it's 'normal' that rich people get away with murder and the ones that are not rich enough to pay for lawyers, that will deftly find the holes in the Laws, have to either pay up or go to jail.

Our Laws are full of holes, clearly holes that show how the Rich always had it sweeter, it must have been always this way since we accept a Legal system based on precedents, meaning on stuff that has already happened, that has been already ruled over where the Rich proved again and again find a way out, they will always be right in front of the Law and when they should by miss-take result wrong, they will Uplift Themselves Above It.

Have we even ever questioned the Law that governs over us and -in theory- over everybody?
Is the Law the instrument we use 'legally' to enforce Rights that were never Right, and is this why we call them Rights, so everyone in their own mind connects what are now 'enforced feudal traditions' to their own sense of righteousness thus forever preventing ourselves from questioning what we are the Subjects of?

And why is The Law written in a language that requires translators to decode it, how is everyone supposed to know what are Their Rights if they cannot even understand the Constitution of those Rights, where a Constitution exists?

The Law is never questioned by those in power, o-b-v-i-o-u-s-l-y because it protects them and what they now 'legally claim to be their own', the Law is the smokescreen which guarantees the Protection, The Protectorate of the Rich, so that no one can ever question the legitimacy of their 'ownership' in the first place.

1/3 of the world still functions according to the Common Law, we could say it's the 1/3 that counts, the 1/3 with the Money, with the Loot, the 1/3 that wrote the Laws to enforce against Commoners, to protect the Wealthy of the Commonwealth, which were left as Commons without the Wealth, all the other represented organization have their own Laws and Judiciary System, the Military has their own judiciary and Justice system, the OutLaws, they said F**k the Law and  settle their disputes with bullets or bombs, Judges - the other privileged ones are only subject to the Judiciary Court, the Rich are wayyy above the Law, so in fact the Law is just a nice way to call a system, a boundary designed to keep the Poor in their place, making sure they never question why they are poor and why they were not born with the same right to a Dignified Life as anyone else who has the Money to secure one for themselves.

what is The Common Law?


English common law emerged as an integral part of the transformation of England from a loose collection of what were essentially tribal chiefdoms or proto-states to a centrally governed civilization.
Over a 400-year period, from the eighth to the eleventh centuries, this cultural system of settling disputes through local custom became increasingly formalized as the hierarchical organization of Feudalism began to slowly replace the collective and egalitarian organization of the early tribal peoples in England, Wars between various tribal groups brought growing political consolidation and increasing individual ownership or land by powerful lords. 
As the once collectively owned tribal lands came under the private ownership and control of feudal lords, the responsibility of an individual to his kinsmen was replaced by the responsibility of a person to his lord. Where the collective responsibility of kin-groups had once served as the basis of dispute settlement, it now became the responsibility and the prerogative or feudal lords to see that justice was done.
As a means of consolidating power, feudal lords began requiring that dispute-- be submitted to a local "court" for settlement.
By the time of the Norman conquest- in 1066, England was organized into approximately eight large kingdoms, which were at best loosely knit collections of relatively independent feudal landholdings. The basic units of social and political organization were the counties and "hundred." The hundreds were subdivisions of counties, somewhat obscure in their origin but often privately owned and independently governed, it is estimated that at the time of the Conquest approximately half of all the hundreds were owned either by individual lords or by abbeys. 
The large number of hundreds owned by the church indicates the economic and political power of the Catholic Church, a situation that would bring it into direct conflict with a growing secular government in later years.
The hundreds courts were essentially meetings of important hundred residents at which all manner of local problems were discussed, among them the resolution of local disputes.
The right to hold court and to profit from it was the essential hallmark of a feudal ruler. 
Early feudal rulers required that compensatory damages be paid not to the offended party but to the lord of the hundred. The right of a lord to collect the profits resulting from the administration or Justice eventually became an essential force in the development of common law after the conquest.
In addition to the hundreds courts, feudal justice was also administered in the county courts held by the overlords of counties. These overlords could command attendance at their courts by the lords of the hundreds and other representatives. These early county courts prefigured the later bicameral (two-house) legislatures of England house of commons and house of the lords and the U.S. Senate and House of Representatives. It also established the relationship between the lower and higher courts in the U.S. Because the overlords of the counties were more powerful than lords of hundreds, it was possible for county courts to review and even overrule decisions rendered by lords in hundred courts, much the same way as higher courts now can overrule the decisions of the lower courts.
By 1066, England was halfway between tribalism and feudalism, between rule by custom and rule by state law.

The Norman Conquest
By virtue of having conquered England, William the First was able to proclaim that all land and land-based rights, including those of keeping court, were now vested in the king. 
Through this redistribution of land and the consolidation of all rights and relationships associated with land tenure under the crown, local courts eventually came under the administration of Norman rule,
Court keeping rights were still granted concerning land tenure, However, all courts had to he conducted in accordance with the king's interests, particularly his monetary interests. Thus, judicial decision-making was slowly being transformed into the function of an increasingly bureaucratic system of justice.
The king's interest in assuring a proper flow of justice-profits into the royal treasury brought about the institution of the eyre. Developed in the twelfth century as a powerful force for centralizing control over local courts, the eyre provided the structural basis for the development of a common law for England. It consisted of four itinerant judges representing the king who would periodically examine the activities of the county and hundred courts.
One of the focuses of this king's court was to enforce forfeiture laws. This concept stemmed from the feudal doctrine that a man's right to hold property was based upon a relationship of good faith between that man and his lord. The term felony originally meant an offense "so fundamental as to break the relationship between them and to cause the holding to be forfeited to the lord." It was the duty of the judges in Pyre to insure that the king received his portion of forfeited property resulting from any such offenses occurring in the various county and hundred jurisdictions. "Law and order on the national scale were first expressed in terms of revenue."
It was the decisions made by the judges in eyre concerning the common pleas brought before them that produced the body of legal precedent that became known as common law, that is, the rules of dispute settlement common to all England. As the itinerant judges in eyre, settled common-plea cases they established precedents to be followed in similar cases. Because common law was built on a case-by-case basis the terms "common law" and "case law" are sometimes used synonymously.
The development of English common law was not merely the institutionalization of traditional English customs. The rules of law established by the king's courts were often unprecedented. Thus, the common law of England was "the by-product of an administrative triumph: the way in which the government of England came to be centralized and specialized during the centuries after the conquest."
By seeking to eliminate variations in settlements arising from differences in local custom, '-the establishment of common law gave rise to a concept of justice the emphasized the uniform application of standardized laws and procedures. This concept was embodied in the doctrine of stare decisis that emphasized the importance of legal precedents established in previously settled cases.
Common law was primarily oriented not toward protecting individuals from ordinary threats to person and property -but toward maintaining social peace by regulating the economic arrangements characteristic of feudal land tenure and consolidating royal power under this system.


So, in summary, The Common Law is a set of customs and traditions who ended up in writing, not the tradition and customs of the People but of Kings, Lords, the Catholic Church, those that had power over the rest of Humanity, it's a set of rules based on precedents that dates all the way back to Feudalism and then was moved into Capitalism, which is Feudalism using Money vs Land, we have been screwed for over 1000 years - and it's all there, within the precedents, telling us how many times we have been screwed out of what belonged to All -in writing. The Common law is the evidence, the precedents will always prove that those with Power were Right, are Right, have Rights, while we forfeited all our rights for a Protectorate, because Fear drives us and is used to drive us and we would rather bend and break than stand up and ask that this World Be Rewritten to Cater to All and Not Just to Some.

Common Law - aka the offspring of Feudalism, you can believe in it or Begin Questioning Everything About This World because Something Is Not Right, starting with 1/3 of the world living below poverty line, with people dieing of famine, lack of sanitation, lack of access to proper medical care, education, a shelter, so what Is Lawful may just turn out to be Awful, yeah right, we have been had.

It's ime to question every single point in existence, because if the Lawful Law is just Awful, what about the rest?

Wake Up, no one has to live this way, consider Giving To All What You Would Like for Yourself, then we won't need to Die to go to Heaven. Heaven for All is Possible through a Change of Mind, we begin by supporting a Dignified Life for All, how about that?


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Monday, June 18, 2012

Day 63: Where is the Justice of This World ?



Those Who Fear, Die Every Day, Those Who don't Fear, Die Only Once

Today I saw this picture on TV, and I had a reaction, I could not say what was the reaction precisely, I just felt a movement inside me, like an electric shock.
This is the picture of two famous anti Mafia Sicilian judges, because every cause has its polarities, the Evil Ones and the Heroes.
This is a story of 2 Heroes, they died for a cause, they died for Justice.
Yet in a country as full of contradictions as Italy, even the ones that seem obvious Heroes are still part of the polarity Game of Right and Wrongs, within a system that is just plain Wrong, that is built on Abuse for  Survival.
When They interrupted the news for the first of the 2 that they blew up on the Sicilian highway, I cried, it was like if the embodiment of Good had been deleted, we would have to stop Hoping that the system would Change just because 2 men stood up to it.
Mafia is a social phenomenon, many don't know that it was born out of the need for Protection, like the Church but much more effective, because bullets have proved to save lives, while prayers don't.
Sicily was an isolated island forgotten by the Italian Government, the abuses from land owners and authority figures were the order of the day, slaves used to work in the caves and they would have blisters on their shoulders, blisters meant they had a job or recently had one, so it meant they were eating, while they healed between jobs they prayed for the blisters on their shoulder to be back soon, to give them dignity and some Money to feed themselves, to show that they were worthy citizens of a Land forgotten by Men and God.
More or less a month after they killed Falcone, the one on the left who had started the Anti Mafia Judge Pool, they killed his friend, they blew up half of his mother's building while he went to visit her on a lunch break, the street where the building stood looked like a war zone.
For the second one I cried less, we get used to the system being something we can never take on, they keep Jesus on a cross as a reminder and they take down anyone who opposes it directly, Falcone and Borsellino were not killed by the Mafia, they were killed by the State because they were about to prove what everybody knew for a long time, that the Mafia was just the armed branch of the State, the ones who would take on the dirty jobs to allow the State to come out clean.
But who is the State ?
The State is All of Us, together, it is our missing in action Beingness that has been replaced by a State of Fact, where the Facts that rule are Money and Fear, everyone fears something, fear of being exposed, fear of being abused, killed, marginalized, left to die.
Because we have been grown on fear, fed fear so everyone will keep their assigned seats at this Banquet in which we have all, at one point in time, decided to come and sit, hoping to make it through, hoping in the AfterLife reward, while Fear rules our Lives and we end up not dying just once, but with every single Breath we fail to Take.

I forgive myself for accepting and allowing myself to react to the picture of Falcone and Borsellino because when they died I believed something about Justice died with them, without seeing that there can be no Justice where there is no Equality

I forgive myself for accepting and allowing myself to imprint myself with the picture of F and B, as a reminder that we better never stand up even when we see the obvious flaws of a system of injustice because we have to be afraid for our lives

I forgive myself for accepting and allowing myself to Fear dying shot by the Mafia

I forgive myself for accepting and allowing myself to judge the Mafia as Bad and the Judges and the Judiciary System as Good, when it is obvious that the system of Abuse is all encompassing and people are forced to do what they need to do to survive

I forgive myself for accepting and allowing myself to believe that the Mafia are the Evil Ones and We are the Good Ones because We Are Not The Mafia, when in fact Mafia is just a system of favours born out of fear of survival  to which all of us have subscribed according to our placement in the world

I forgive myself for accepting and allowing myself to Hope that One Day someone would come and set this world Right, instead of seeing it is up to us to set ourselves right so that the World as our Mirror can realign with us to Oneness and Equality and What is Best for All

I forgive myself for accepting and allowing myself to pretend I was fearless because I was too afraid to show my fear and deal with it so that I would not be run by it and would have to die every single day, with every breath I failed to take

I forgive myself for accepting and allowing myself to believe that fearing the system is normal, because everyone does, instead of seeing I was just fearing myself and projected this inward fear outward

I forgive myself for accepting and allowing myself to believe that fear is real

I forgive myself for accepting and allowing myself to believe in a 'Justice System' when it is obvious that in a World where Inequality is rampant and not all lives have the same value, Justice doesn't exist and has never existed

I forgive myself for accepting and allowing myself to count on an external Justice System to regulate us as Humanity because I believed that we were not able to become our own Authority and walk what is Best for All in Oneness and Equality

I forgive myself for accepting and allowing myself to feel saddened by this world of inJustice and for believing that I better take care of myself because I cannot be responsible for the world and everyone is just out for themselves anyway

I forgive myself for accepting and allowing myself to not see that I existed as a system of Injustice and that I cannot have what I am not willing to give to everyone Equally, which is their Just Place in the World as Life One and Equal

I forgive myself for accepting and allowing myself to fail to see that there cannot be Justice where Life is not valued and Money and Profit have taken over through our acceptances and allowances an that now Justice=Money, because those who have more can buy themselves the Justice they wish for and so Justice will have to mean Equal Money for All to translate into Equal Justice

I forgive myself for accepting and allowing myself to believe that the Justice System was set up to have the Law respected, failing to see that the Law was written by Money and that Money has made sure that those with Money will benefit from the Law and the Justice System and the Poor won't have ever any access to the Law and the Justice they have not written and cannot buy

I forgive myself for accepting and allowing myself to judge the people in jail as criminals because they broke the Law, failing to see that this Judiciary System is not What is Best for All, but what is Best for the few that wrote the Laws and that we were indoctrinated to the respect of the Law=Money as Slaves by accepting and allowing ourselves to judge each other and become the effective Wardens of each other into the slavery we were born into and failed to see

I forgive myself for accepting and allowing myself to support a world in which Life has gone on sale and profit is sitting at the helm, steering the World to utter destruction, while we fought against each other in stupid senseless wars that were system designed to Divide and Conquer

I forgive myself for accepting and allowing myself to not want to face the reality of this Evil world, because I would then have to give up any remnant of Hope that we may become self responsible and take back the wheel to drastically change direction to What is best for All as Equality and Oneness

I forgive myself for accepting and allowing myself to lure myself with Hope, as a way to not have to take self responsibility for the world, because I cannot yet see how my participation resulted and or contributed to the state of the world as it is, but within this I take responsibility for the world as it is now, because I am Here and so is The World and only self responsibility can rid us of the Hope that kept us waiting for a saviour or a Lucky Change of Events

I forgive myself for accepting and allowing myself to fear Authority because I equated Authority with Money and their power over me as Money, fearing for myself and my ability to survive

I forgive myself for accepting and allowing myself to fear Lack of Money as the point that decided if I live or die and for accepting and allowing myself to hide my fears so I wouldn't have to face the world as me and what I as the World have accepted and allowed myself to become

I forgive myself for accepting and allowing myself to not realize that if Money has become everyone's Access to Life and what defines our Ability to Survive, we must give to each other Equal Access to Money as a Life resource until we Change ourselves and the System into a Life System and can leave Money and what it represented as Money Above Life, behind us forever

I commit myself to stand for and as Justice and A World of Equals, because justice will only be possible within Equality and Equal Access to Life for all Life expression of the Planet

I commit myself to expose that, what we believe is Justice is a mockery to Life and that when we do not give to everyone the Right to Life, we are deluding ourselves about Justice and the Justice System, while we use the Law to protect our Self Interest and Hide our Fear of Survival

I commit myself to uproot my fear of Survival to stand for What is best for All and for Equality and Oneness for myself and All existence Equal and One, Here, in Every Moment of Breath