"The law is an adroit mixture of customs that are beneficial to society, and could be followed even if no law existed, and others that are of advantage to a ruling minority, but harmful to the masses of men, and can be enforced on them only by terror."
by:
Peter Kropotkin
[Prince Pyotr Alexeyevich Kropotkin] (1842-1921) Russian zoologist, activist, philosopher, economist, writer, scientist, evolutionary theorist, geographer and one of the world's foremost anarcho-communists
Source:
Words of a Rebel
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I just realized I must be a rebel.
 -- kimo, USA     
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    Law enforcement is an oxymoron; how do you enforce gravity, fiscal law, etc? You don't, you just administer it through codes, ordinances, regulations, rules, statutes, etc. at justice. Morality can't be legislated; absolute law can only be identified. Law simply defines that which is: an apple consistently falls from a tree, you name the law gravity, and deal with it, anything else becomes a lie and/or tyranny. The more accurately administrations define law, the greater the freedom, liberty, recognition of inalienable rights, prosperity are for each and every, any and all (no minorities, no majorities). The law can be followed, even if no written expressions of it existed ! The quote has some merit when considering the motivation of some people or clarifying, in a consistent manner, what is at justice. Not quite sure how to rate this quote or comment on it with stars. I would tend to give it a thumbs down but maybe 1 star?
     -- Mike, Norwalk     
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    Semantically, Mike is quite correct. However, statutory 'law' represents the codifying of man-made rules and regulations for a specific jurisdiction -- generally, this is known as commercial law and is limited to the parties that have agreed to its terms, like in a corporate charter or an association. The Boy Scouts can make rules as per the agreements they have with their members, but they may not make rules for non-members. The US Constitution does make a distinction between common law (as best expressed by Mike above) and statutory law (i.e. commercial law, colorable law) for which there are NO criminal penalties. Statutory law is the law of contracts and promises. Common law deals with SUBSTANCE not promises, with real property, to address violations of inherent rights of the natural-born sovereign person. Frederic Bastiat warned us of turning statutory law into common law -- that is to say, to give statutory law the standing of common law. It is once again the attempt of man to be God or to act in God's behalf, to dictate how the rest will obey, all for their own good, of course, and for 'peace' and 'security' -- upon pain of death or imprisonment, you will be 'secured'. ;-) FDR combined the common law and commercial law jurisdictions during his tenure thus granting the State the power to declare criminal laws above and beyond the concepts of common law. FDR has done more to turn the US into a fascist police state than any other president in history, although Obama is really hoping to be the next FDR -- let's hope the American people are smarter this time around...
     -- E Archer, NYC     
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    Archer, very well said, absolutely ! Besides commercial law, maritime law is also distinguished with its own set of mandates. By way of example: at sea, where man is not king of his own land, in a life threatening storm, the Captain has absolute authority to dictate movement. As Archer has so accurately described the God like usurpation, so the statist theocracy has mongrelized Common Law, Commercial jurisdiction, and maritime authority into one unlawful despotism. Again Archer, said well, thank you.
     -- Mike, Norwalk     
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    At common law, there is no lawful nexus for one individual sovereign to dictate the should be, must do, allowed actions, or enforcement to follow of / for another individual (party - individually or in concert). A mixture of customs and/or stari decisis are not common law but only, may assist in the administration thereof. Justice defines a criminal act that has violated person or property. Justice is the constant and perpetual disposition to render every man his due. (Just. Inst. B. 1, tit. 1.) Toullier defines it to be the conformity of our actions compared to the law. (Dr. Civ. Fr. tit. prel. n. 5 - see my definitions above)
     -- Mike, Norwalk     
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    Yes, Mike, the US Constitution provides for common law, commercial law (i.e. equitable law, colorable law, statutory law), and military law (admiralty/maritime law), and these areas of jurisprudence each have their own jurisdictions and courts. Today, the commercial and common law jurisdictions are one -- there are no separate courts, and the Uniform Commercial Code is the only law being enforced -- references to cases prior to 1934 are not permitted, thus there is no common law to be enforced. The only recourse for a common law argument is in front of a jury and hoping that the jury will nullify the law with its refusal to convict unanimously. Of course, this new hybrid court doesn't want the jury to have any power, so the rules of admiralty/maritime have also been adopted, although nowhere in the Constitution is this authorized. US Courts will display the gold-fringed flag in the courtroom to identify it as an admiralty/maritime court, in which there may be a jury, but the judge can throw out their verdict if he pleases. Today, due process is so corrupted, that if a jury cannot return a unanimous guilty verdict, the judge calls it a 'mistrial' and it starts all over again -- instead of pronouncing the defendant as 'Not Guilty'. 2 million Americans are now behind bars -- mostly for non-violent contraband possession. This is the business of lawyers and government -- they create criminals with statutory rules, and give themselves the permission to ignore the rights to due process and seize as much of the defendant's property as they can. They may never even file charges, or they may put you away for 10 years because you smoked pot to relieve the pains of cancer. When will Americans learn that stealing the property of our neighbors as the process for funding 'government' is without integrity, honor, or right. It is THEFT by the majority.
     -- E Archer, NYC     
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    the natural school of law says that: "yes, there ARE laws that exist which do not need to be written down." For example, it does need to be written into law that territory is the rightful property of the indigenous nation of people who are from that territory.
     -- joseph, tustin     
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    Today there is NO political corporation (state, country, nation,etc. under any definition) that does not claim itself sovereign. That is why all are RULERS under any name. The populace, the subjects/citizens, or whatever names used, are only the ruled. Even in the good old USA it all ended in 1787, when the people and their rights ended to be sovereign. All 13 states become sovereign, plus the 14th sovereign government that became supreme and absolute sovereign government. That is why there was NO term as "nation" or "government" until 1787, only the "brotherly association" of the 13 united states assembled in Congress. It was a 'common government to handle the common interests' of all the 13 states, but not supreme above them, and only when they were assembled in Congress. But the wealthy, the powerful had little control over the masses politically or by police powers.
     -- Zorro7956, 33513     
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    The model government for the founding fathers (and not the Federalists) was what is working very well to this day after more than 400 years, was the Swiss system. Free as free can be. Independent, neutral, yet most armed nation, free spirited, humane and well to do. Not a member of EU, NATO, yet enjoy enviable living standards. The world's strongest currency, 40% backed by gold. No national debt. Not a super power, just a super country.
     -- Zorro 7956, 33513     
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     -- Robert, Somewhere in Europe      
     
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