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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