Fabric of society being ripped apart

When the British flag flew over most of the English speaking world, the English common law was enshrined in those countries legal system and became a significant part of the social fabric of that country. Most of those countries are now independent, such as USA, Canada, and all the commonwealth countries, but English common law still remains the cornerstone of those countries societies. Without that there would be anarchy.

What is common law? Common law is law that comes from the common people, versus legislation, which, comes from the “experts.”

Common law comes about at the root levels of society: it is not law that is imposed by some authority from on high. The development of common law was “essentially a private affair concerning millions of people throughout dozens of generations and stretching across several centuries.” It is a process that is self-adjusting and which goes on everyday unnoticed, without great expense to the state and without fractionalising society. This is to be compared to the legislative process, which is defined below.

Legislation is “A rule of conduct imposed by authority. … The body of rules, whether proceeding from formal enactment or from custom, which a particular state or community recognizes as binding on its members or subjects.” However, legislation is always subject to losing its authority as law by slipping out from under the definition; and this, on account of its despicable character. Legislation will lose its force as being law when a significant part of the community does not and will not recognize legislation (for whatever reason) as being binding upon itself.

1 – Common Law

The fact of the matter is that there exists all around us a great body of law that has not ever been (nor could it be) written down in one spot. In a way, its, its more of a process that has a single guiding rule, the “golden rule,” a negative rule: “Don’t do something to someone that you don’t want to have visited on yourself, either directly or through the agency of a government.” Though it has suffered much at the hands of legislators, common law is yet followed in all major English-speaking nations around the world. Common law to England was and is its very force. The greatness of England, certainly in the past, is attributable, I would say fully attributable, to the stabilizing and enriching institution that we have come to know as common law. This subject of the common law is a great and wonderful subject: its evolutionary development and its great benefits make it the most superior law system known in the world, as history will readily tell.

The common law is as a result of a natural sequence that hardened first into custom and then into law. It did not come about as an act of will, as an act of some group aware only of the instant moment, unaware of the nature and history of man. It comes about as a result of a seamless and continual development, through processes we can hardly begin to understand; it evolved along with man.

2 – The Object of Legislation

A person or group of persons, surprisingly easily, can make another or others do what is wanted. One way is by negotiation and accommodation, viz. by contract, that is to say, to trade with them. Another way is to command that which is desired to be done and back it up with the threat of brute physical force: that is to use coercion: that is what we call legislative law: that is the dark side of the law.

What, you might ask has this to do with the fabric of society? It is in the definitions – common law comes about by consensus and agreement whereas those who seek to operate their own agenda impose legislation on society.

At this point in time (2006) we stand at a crossroads or a fork in the road of human societies development. We can either remain on the path that has stood us in good stead for many millennia by retaining Common Law, or we can allow laws to be imposed upon society by the use of brute force to satisfy the whims of a faceless dictator. While you may regard the use of the word dictator as a bit extreme, this is what is happening. We have a faceless bureaucracy behind who are hiding the puppet masters. So many laws are being passed which the general public do not even know about. These laws are being enacted to benefit a small part of society to the detriment of the majority.

Overall, the majority of nations regard themselves as democratic, and yet those in power take no notice of the requirements of general society who they have sworn to serve. Instead those who determine what is best for you and I are regarded by the bulk of society as untrustworthy and corrupt. Most surveys find politicians well below car salespeople in this regard.

Parliament or its like was set up originally so that the voice of the people could be heard and a consensus arrived at for the benefit of those people. Now those institutions have been taken over by groups (they are called political parties) who have their own agenda that proves again and again to be at odds with the will of the people. The “democratic elections” are a farce as society as a whole knows that the political parties and the politicians lie through their eyeteeth just to retain power. They have no intention of keeping their word when they get elected. They want merely to retain power at all costs. Legislation has been enacted through the centuries since the Magna Carta that completely removes the requirement that politicians speak for the people they represent, but must mouth the words and ideas of the political party. So why do people still vote in these elections?

To be continued….

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