Common law is dead?

[merlincove]

Now that Mr Brown has signed away the sovereignty of our far isle, and committed treason in doing so, and now our rights are foregone to Brussels and the European overlords, are we witnessing the death knoll of Common Law?

I am wholly unsure how a sovereign state wrapped in a United state can withstand the wash of the majority in respect of it’s laws.

Will we be seeing the introduction of Napoleonic law or European based law, and a sweeping reform of common law and common law jurisdiction with the move toward (read forced into) Europe?


Napoleonic law
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Definition
Law of France, based largely on common sense rules instead of on legal theories or principles. It consists of five major codes: (1) Civil code, (2) Code of civil procedure, (3) Penal code, (4) Code of criminal procedure, and (5) Commercial code. Derived from Roman law, it was instituted in 1804 by the French emperor Napoléon Bonaparte (1769-1821), and is distinguished by its religious tolerance and emancipation of land. Also called Napoleonic code.


http://www.businessdictionary.com/definition/Napoleonic-law.html

[soleil]

I did my dissertation last year and during my research, I stumbled upon a group that is seeking to harmonise member state laws. They have identified common law has a barrier to this monumental process.

The group in question seems to be favouring the German Civil Code over le code Napoléon which has caused uproar in France. The German Code is modern as it was formed by British lawyers after Germany's disintegration in 1945.

As usual, the average British citizen is oblivious to the process of 'ever closer union'.

The Scottish jurisdiction was always a hybrid between common and continental laws but the new Scottish parliament seems to be pushing Scottish law closer to the civil system. A Dutch professor when examining the Dutch Civil Code concluded that the adoption of civil law is always due to political unction.

[merlincove]

thanks soleil :D

as someone who has studied law, do you feel that there will be a layover period if every Common law is replaced: in the same way that 'grandfather rights' attain to new statute laws, ie, those currently attending to exist with certain privilages can carry those privilages over when statute changes. Therefore those who choose to exist within common law will be allowed the privilage to exist under common law?

If so, then with right of equality, one can insist equality of right, where common law exists for one it exists for all?

[foobar]

I stand to be corrected as I am not a lawyer and have no real legal training, but I was under the impression that the process of replacing English Common Law principles with something emanating from the EU called 'Corpus Juris' was already well underway?

[soleil]

You're welcome. I am not a lawyer but I am studying to be a building surveyor. As part of the property management element of my studies, I wrote a dissertation about the Energy Performance of Buildings Directive. I had to write about the reasons for the primacy of European directives and the implications for the property industry in the future. My legal studies are restricted to property and construction laws with introductory modules in contract and tort.

I'm don't know enough to answer your question although there is always a period of grace for the 'transpositions' of Euro laws into member state laws.

The answer to your question is probably in historical precedent as le code Napoléon absorbed and replaced the Celtic and Germanic tribal common laws of northern France and also the Roman laws in southern France. The Dutch civil code replaced le code Napoléon in 1938. There are other examples of civil systems replacing earlier systems with Bismark's unification of the German states and Garibaldi's unification of Italy at the expense of the canon law of the Papal States.

I'm happy to copy and paste into this thread these sections of my dissertation if you want.

[pleasuredome]

my opinion is this;

the Common Law is not a law common to the people. the Common Law is just as artificial as statute law. both are laws of the realm and made by the realm, the realm being a theoretical legal construct. statutes can overide the Common Law by means of social contract, however, such social contracts must be made in accordance with the Common Law. it's interesting to note that statutes made before time immemorial (king richard I) became Common Law by virtue of their long usage and custom.

will the Common Law got rid of? I doubt it. but then i dont really care.

[tien an]

my opinion is this;

the Common Law is not a law common to the people. the Common Law is just as artificial as statute law. both are laws of the realm and made by the realm, the realm being a theoretical legal construct. statutes can overide the Common Law by means of social contract, however, such social contracts must be made in accordance with the Common Law. it's interesting to note that statutes made before time immemorial (king richard I) became Common Law by virtue of their long usage and custom.

will the Common Law got rid of? I doubt it. but then i dont really care.

I'm really surprised to see this from you, pleasuredome...what do you mean by that?

tian an.

[tien an]

I did my dissertation last year and during my research, I stumbled upon a group that is seeking to harmonise member state laws. They have identified common law has a barrier to this monumental process.

The group in question seems to be favouring the German Civil Code over le code Napoléon which has caused uproar in France. The German Code is modern as it was formed by British lawyers after Germany's disintegration in 1945.

As usual, the average British citizen is oblivious to the process of 'ever closer union'.

The Scottish jurisdiction was always a hybrid between common and continental laws but the new Scottish parliament seems to be pushing Scottish law closer to the civil system. A Dutch professor when examining the Dutch Civil Code concluded that the adoption of civil law is always due to political unction.

unction... I like it; I had to look it up though!
Do you mean 'anointed with oils as in a religious ceremony'? Or 'unduly suave...slippery'?
Both meanings seem to fit here...


tian an.

[pleasuredome]

I'm really surprised to see this from you, pleasuredome...what do you mean by that?

tian an.

what they do with their artificial law is their business. i have my own law, which is most ancient, true, natural, invincible and living inside of me ;)

[tien an]

what they do with their artificial law is their business. i have my own law, which is most ancient, true, natural, invincible and living inside of me ;)

Ah...that's fine; I was worried for a moment there.;)

tian an.

[godspeed]

i stand to be corrected as i am not a lawyer and have no real legal training, but i was under the impression that the process of replacing english common law principles with something emanating from the eu called 'corpus juris' was already well underway?

yes it is well said even if you say your no lawyer or legal training

no one is innocent....i know my dads been called a monster

we're getting evicted.....we're scum of the earth

we dont care after 2 years fighting for innocence

i realized there;s no such thing in our shit court

kangaroo you and now please i must leave this evil plane

nothing left but memories of the way things used to be

now just pop down cop shop tell them anyones a beast and will protect you in court,shield you shame and reward you with money for destroying a half decent family unit and throw you out yer house just in time for x mas

and the judge and lawyers still sleep sound at night

while the others just dream of taking some folk out with them.......a shambles....a disgrace....and no evidence....

Thanks for the worse experience of my life but you know what...

We still love you............................................... ..............not

[godspeed]

Corpus juris

alive and kicking the heads of good sound people

please do.........flee like me

goodbye cruel world im leaving you today.....goodbye

goodbye......goodbye

no home to fight for......done all i could.....dont want to be shamed by eviction............

So im off to those beautiful mountain hills were i'll be strong

your city is sick with sick bastards pretending to be victims

dish out the cash now.....maybe they will drink themselves to death

before i put an axe to their sad sick im a victim heads....for real

not fake you make us think out our box cos you give ............

No justice for us..................so i will run now like the wind and with godspeed we will meet again some time in nirvana............

We lost......we got nothing for our truth......

We will return to pay whats due when the rest of you see the light..............

Its hard to leave you all you were all i had through this for 2yrs

now we got nothing....no house....no pc...no shit telly yeha

nowt and over and out of e. U. Too stick yer evil law in brussels you will make war with the working class if you call all our fathers beast.......just like you we know who's who.......nowere to hide



when we all rise.............and rise we will........for too many are being called beasts when we know who you really are.............im sad to say........i must be on my way........so buy me beer or whiskey cos im going far away..............from e.u

[john white]

Common Law is not dead... but is certainly targeted for assassination!

Of particular note in the UK are the activities of Jack Straw the "Justice" secretary and his ambitions for "constitutional reform" (meaning statutes as primacy common law scraped)... and this would be in line with the apparent desires of the EU. The globalist vision is a corporate vision, contract law not common law, and the model would appear to be China.. which comes complete with body organ harvesting death vans for "not paying taxes"

As of this time I am in the process of crafting a Notice which concerns this matter... more news on that later this week :)

[intellection]

Now that Mr Brown has signed away the sovereignty of our far isle, and committed treason in doing so, and now our rights are foregone to Brussels and the European overlords, are we witnessing the death knoll of Common Law?

I am wholly unsure how a sovereign state wrapped in a United state can withstand the wash of the majority in respect of it’s laws.

Will we be seeing the introduction of Napoleonic law or European based law, and a sweeping reform of common law and common law jurisdiction with the move toward (read forced into) Europe?



http://www.businessdictionary.com/definition/Napoleonic-law.html


I am sorry but this whole thread is based upon a false premise.

Mr Brown has not signed away our sovereignty. Our sovereignty sits within Parliament. Our commitment to European policy is through Statute Law passed by our Parliament. All Statute Law, being a creation of, can be repealed by, Parliament.

A basic understanding of the British Constitution will confirm this for you.

Of course they will not do this because it's not part of the plan.

I would love someone with access to the mainstream to put this question to David Cameron. "Mr Cameron, a question please in relation to your vocal support for a referendum on the Lisbon Treaty prior to its' ratification. This vocalisation now being a mute point; I kindly ask you to confirm whether Parliament holds the sovereign power to repeal, in whole, any legislation it has passed? And following your positive response, will you then confirm that, when you take office as the plan indicates, you will indeed hold a referundum on all European legislation enacted through British Statute Law?"

I'd be interested to hear his public response. Pointless to ask in writing, as I'd never get a personal response and I already know the answers, being yes and then no. I doubt he'd say this in public though.

[merlincove]

Common Law is not dead... but is certainly targeted for assassination!

Of particular note in the UK are the activities of Jack Straw the "Justice" secretary and his ambitions for "constitutional reform" (meaning statutes as primacy common law scraped)... and this would be in line with the apparent desires of the EU. The globalist vision is a corporate vision, contract law not common law, and the model would appear to be China.. which comes complete with body organ harvesting death vans for "not paying taxes"

As of this time I am in the process of crafting a Notice which concerns this matter... more news on that later this week :)

look forward to reading that John

:D

[girlgye]

I am sorry but this whole thread is based upon a false premise.

Mr Brown has not signed away our sovereignty. Our sovereignty sits within Parliament. Our commitment to European policy is through Statute Law passed by our Parliament. All Statute Law, being a creation of, can be repealed by, Parliament.

A basic understanding of the British Constitution will confirm this for you.

Of course they will not do this because it's not part of the plan.

I would love someone with access to the mainstream to put this question to David Cameron. "Mr Cameron, a question please in relation to your vocal support for a referendum on the Lisbon Treaty prior to its' ratification. This vocalisation now being a mute point; I kindly ask you to confirm whether Parliament holds the sovereign power to repeal, in whole, any legislation it has passed? And following your positive response, will you then confirm that, when you take office as the plan indicates, you will indeed hold a referundum on all European legislation enacted through British Statute Law?"

I'd be interested to hear his public response. Pointless to ask in writing, as I'd never get a personal response and I already know the answers, being yes and then no. I doubt he'd say this in public though.

Actually if you read David Cameron I think you will see his spin doctors are taking their homework notes from us to him.
And I quote 'there is no need for a referendum as once it is law it will no longer be a treaty'.

So the arse of it is a load of ol tosh and even had half the english freemen thinking it was gonna get rid of the common law too.

I mean get rid of the common law and what do you think we gonna do with those sovereigns/barons eh?