Ok Here is one for ya..!

Discuss the difference between Common Law and the Statutory Acts made by the Powers that be, (PTB)

Re: Ok Here is one for ya..!

Postby enegiss » Mon Nov 21, 2011 1:06 am

okay, you seem to be settling in, do you think this system is the best of a bad bunch of systems, or could it be improved with more statutes, or would you, like myself, be prepared to accept the principles of justice and equity for all, regardless of the position held, or should we keep on giving head to total breakdown of the whole shebang?
if you wish to create a favourable History, then you have to start now.
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Re: Ok Here is one for ya..!

Postby robinr22 » Mon Nov 21, 2011 1:26 am

enegiss wrote:okay, you seem to be settling in, do you think this system is the best of a bad bunch of systems, or could it be improved with more statutes, or would you, like myself, be prepared to accept the principles of justice and equity for all, regardless of the position held, or should we keep on giving head to total breakdown of the whole shebang?


That's an interesting question. The alternative to our common law system would be a civil law system (essentially a system where there is a big book of law which a judge looks at every time he has to make a decision). This does have some benefits, such as being easier to understand and review, but it also has some big downsides such as inflexibility and the risk of two different judges quite legitimatelly interpreting the same piece of legislation differently.

On the whole, I think our system works quite well. I do think that too much statute law is made, and badly made at that, but I don't see any benefit to moving to a different system. I also think that, subject to being able to afford representation and the differing personal circumstances that get someone into court in the first place, justice is available for everyone. Everyone gets treated the same and that is how it should be.

What do you think? What should replace our common law system?
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Re: Ok Here is one for ya..!

Postby enegiss » Mon Nov 21, 2011 1:40 am

great question, which ime afraid my aged body can not push to answer as my 4 or 5 hours sleep is calling my name :grin: but i will try and give you my impression of law and what it may mean, but i am sure there are many others who may like to answer that kind of wide question, some may suggest a written constitution with immutable rights written into it, should be pretty easy to sort out, i would think :thinks: anyways the Nightmare calls, to free me from the daymare :grin:
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Re: Ok Here is one for ya..!

Postby robinr22 » Mon Nov 21, 2011 1:53 am

enegiss wrote:great question, which ime afraid my aged body can not push to answer as my 4 or 5 hours sleep is calling my name :grin: but i will try and give you my impression of law and what it may mean, but i am sure there are many others who may like to answer that kind of wide question, some may suggest a written constitution with immutable rights written into it, should be pretty easy to sort out, i would think :thinks: anyways the Nightmare calls, to free me from the daymare :grin:


Fair enough! I have the advantage that it is just past lunchtime where I am at the moment but I will bow to your desire to sleep :grin:
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Re: Ok Here is one for ya..!

Postby enegiss » Mon Nov 21, 2011 2:02 am

hong kong? fiji?
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Re: Ok Here is one for ya..!

Postby knightron » Mon Nov 21, 2011 2:17 am

. I also think that, subject to being able to afford representation and the differing personal circumstances that get someone into court in the first place, justice is available for everyone. Everyone gets treated the same and that is how it should be.


That is indeed how it should be Fair and Just For ALL..Not just those that can afford it..There are no provisions for legal aid for any traffic infractions now unless it can sustain a prison sentence.. So if someone wants to refute a traffic infringement in court because they don't agree with what has been alleged against them, they have to do so with their own Ideas of what is right and wrong, not because some solicitor has said "I will represent you to the best of my ability and will defend you in YOUR best interests". No, In My Experience legal aid solicitors do what is quick and to the benefit of who ever is paying them, and in such cases the government would be paying them, so getting money out of the defendant would be in their best interests so they would be preferred (defence) council in future cases .i.e. more likely to talk the defendant into copping a Plea.

If we acted in anyway Like today's politicians as members of the Public, we would be in Jail doing 5-10 years quicker than lightning..Theft from an Employer is a most serious offence and has been witnessed by the public on such a scale it is incredulous that only 3-4 Politicians have been brought to account for their thieving ways..One rule for One, and One rule for us that have no money to pay for PROPER legal council.. I would have no problem at all being held under statute if it was Fair and Just for all, But no matter which way you look at it , it just isn't in anyway shape or form.. The Chattham house Rules depict this perfectly, where a Politician can do anything in the course of his "duties" and can not be held accountable in a court of Law for their actions..This was Proven and made Pubic record when John Hemming Named and shamed a footballer who had taken out a "SUPER INJUNCTION" in the Houses of Parliament..It was seen as Bad form but nothing else, Now If I had been bothered enough to do this I would have been in Jail for not taking any notice of a Judge.!

Common Law as I understand it, states quite Clearly, "EVERY ONE is equal under the Law" no one is above it or Beyond it and those metering out penalties in its name are not beyond reproach. They are above the Law now, (or think they are) because they make the rules that protect themselves and their actions and no one is in a position to take then to account for their actions. Yes you can try to defend yourself but unless they are acting with in the "Law" where everyone is equal what chance do you have?..

Any "Rule" Only applies to those that wish to abide by it, does a doctor have to follow the rules of the Law society? does a Solicitor or barrister have to follow the Hippocratic doctrine? No they don't. We are continually being bombarded in the media by the statement " we have a social contract" with the Government if that is the case as you point out in another of your Posts Contracts need to have two or more parties willing to be bound by the terms and conditions.. If only one side to a contract is willing to keep up their side of the bargain or Contract then the contract is null and Void is it not?
So when the Government whom you claim makes the "LAW" doesn't perform to their side of the contract what can we do to gain remedy?..Take em to court? their statute run courts? where they make the rules to protect them!..

No I enter Lawful rebellion, and say Bollox... if you won't listen to me, I won't listen to you..Yes you can Lock me up and "FORCE" Me to do something but at least I have remained in Honour and kept my side of the contract. And Please don't say we can get our own back by Voting em out of Government, we have a none elected Government making rules right now so that is a no go.! Over 1 Million people went on a March to try to stop the Government from sending our Boys and Girls to Iraq to fight and Kill people in an Illegal war to protect the USA's Oil and financial interests there..Were we listened to then? NO will they ever do as we tell them to?..No..So its time for a change, I know we can obtain that change Peacefully and Lawfully, They can not lock us all up eh?..
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Re: Ok Here is one for ya..!

Postby knightron » Mon Nov 21, 2011 2:18 am

enegiss wrote:hong kong? fiji?

Australia mate Perth by my reckoning.. :wink:
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Re: Ok Here is one for ya..!

Postby robinr22 » Mon Nov 21, 2011 2:47 am

enegiss wrote:hong kong? fiji?


Sunny Australia! (It's not actually sunny but that seems to be its official name these days...)

EDIT: @knightron - actually Melbourne.

In terms of your response earllier, you are making the mistake of the taking the idea of a social contract literally. It's not literally a contract, it's a theoretical concept which has no relevance to the actual functioning of the uk legal system.

http://en.wikipedia.org/wiki/Social_contract

This starts "The social contract is an intellectual device intended to explain the appropriate relationship between individuals and their governments." The operative words are "an intellectual device". It's not intended to be taken literally as an actual contract!
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Re: Ok Here is one for ya..!

Postby knightron » Mon Nov 21, 2011 3:47 am

I always thought that we Employed these Muppet's to run the country on our behalf, hence a contract for performance?? :puzz:

an "intellectual Device" Implies we think the same way as them, we can not do this as we are in a different thought system to them and have to abide by what they consider to be Justifiable restrictions on our daily lives..Remember they consider themselves to be above Us, I say that because they Imply that by their actions..95% of those in the British Government are Multi millionaires, so increases in Taxes ( VAT and Fuel Duty) they are imposing on us Mere mortals will not be felt by them at all..

It also implies that we should just do as we are told like good little sheep and keep earning them Billions, without considering that we are being fucked over by these scumbags.!

We need to remember that these Politicians see us as a means to their own ends, not as Human beings.. I know this, I was a body Guard in the British Army for 3 years, I have been in meetings and Listened to them talk about sending Soldiers in to conflict Zones and what the "consequential losses could be" and Laughing about it..It all boils down to Money, Nothing More and Nothing less..
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Re: Ok Here is one for ya..!

Postby pedawson » Mon Nov 21, 2011 7:43 am

Robin, So I am right in this thread but wrong in the other?
Sorry but MY mind doesn't work like that, I am not INDOCTRINATED.
I have seen it, done it and been round the world not just on holiday.

I have lived in a tyranny and I have talked with the people.

You on the other hand have been to uni and so have I

stop trolling.

Namaste, rev;
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